preserving the life of the mother. 6 In 2004 and 2005, a total of 144 cases of child destruction committed by persons under the age of 18 years were reported to the police. Hospital data suggests a much higher rate of unsafe abortions are carried out than those reported, especially by young unmarried women. 7 Suicide or attempted suicide is illegal under the Tanzanian Penal Code. There is no reliable data on prevalence or patterns of suicide. The ‘right to life’ is not absolute in Tanzania and the death penalty is still retained for murder and treason if carried out by persons over the age of 18 at the time of committing the crime.8 A convicted person who was under 18 years at the time of the crime is detained at the President’s pleasure under the Penal Code but for a period not longer than 10 years. 9 The status of a child’s right to survival and development is detailed in article 14, and through appropriate sections of this report. Respect for the views of the child, provision of information and promotion of child participation Article 4, 7 and 12 Both Constitutions guarantee freedom of opinion and expression to every person. 10 The child has a right to be heard in all matters affecting him or her in any judicial or administrative proceedings regardless of whether the child is a victim, the accused or a witness. Children (even those of ‘tender years’) are considered as competent witnesses 6 Child destruction includes intent to destroy the life of a child capable of being born alive; and intent to cause a child to die before it has an existence independent of its mother. A child is considered capable of being born alive if there is prima facie proof that a woman was pregnant for a period of twenty-eight weeks or more. 7 Mpangile et al, 1992 8 Cap 16 the Penal Code as amended by Act No. 31 of 1997 and the Zanzibar Penal Decree as amended by Act No. 6 of 2004 . 9 After the 10 years have elapsed the Minister responsible for legal matters is empowered to discharge the child. 10 Constitution of the United Republic of Tanzania of 1977 Article 18(1); the Constitution of Zanzibar of 1984 Article 18(1). 14