irrespective of their parents' or guardians' race, ethnic group, color, sex, language,
religion, political or other opinion, national or social origin, fortune, birth or any other
status.
The Best interest of the Child
16. The Committee appreciates the for incorporating in its Constitution he principle of
the best interest of the child to be given a primary consideration in matters that affect
the child. However, the Committee has concerns in relation to the decision of the
Supreme court in the Cruth vs. Manuel case whereby the court based on the
Guardianship of Minors Act ruled that the welfare of a child born out of wedlock only
becomes an issue where the third party is alleging that the mother is doing things which
are the prejudicial to the rights of the child. Therefore, the Committee recommends, the
State Party to revise the Guardianship of Minors Act and such other laws that are in
contrary with article 4 of the African Children's Charter. The Committee further
recommends the Government of Zimbabwe to ensure and monitor the full application of
this principle overriding other interests in all administrative and judicial decisions that
affect children.
The Right to Life, Survival and Development
17. The Committee commends the State Party for putting in place policy, legal and
regulatory frameworks to address the chronic food insecurity, undernourishment and
malnutrition. The Committee further appreciates the initiatives of the Government of
Zimbabwe to coordinate with the private sector and development partners to implement
its policies and laws and to invest in agriculture. However, the Committee is concerned
by the high rate of baby stunting, infant and child mortality rate, and malnutrition.
Therefore, the Committee recommends the State Party to ensure universal access for
prenatal and neonatal health services throughout the country: to improve the quality of
health services; to mobilize additional and diversified resources to ensure the survival
and development of children; promote exclusive breast feeding for the first six months
and strictly regulate commercials of supplementary products; and in collaboration with
development partners to ensure the provision of micronutrient products in regions where
there is moderate and acute malnutrition. In this regard, the Committee recommends
the Government of Zimbabwe to make reference to the African Union Regional Nutrition
Strategy (2015-2025).
Child Participation
18. The Committee applauds the Government of Zimbabwe for guaranteeing children's
freedom of expression in the Constitution and in other laws such as the Children's Act