CHAPTER 2: LEGAL AND POLICY FRAMEWORK RELATING TO CHILD SEXUAL ABUSE AND VIOLENCE IN ZIMBABWE Zimbabwe has a significant legal and policy framework aimed at dealing with rape and other forms of sexual violence. Below is a brief synopsis of the various legal and policy instruments that are of relevance. This provides a useful backdrop against which to understand the experiences of the children and the gaps in the response of the system as set out in policy documents and their lived realities. 2.1. THE CONSTITUTION OF ZIMBABWE Promulgated in 2013, the new Constitution is key because it sets out in great detail the rights of the children. Beyond dealing specifically with rights, the constitution also sets out the values that should imbue and inform the interpretation of the fundamental rights set out therein. Section 81 further elaborates on these rights providing among other things; S81 (1) Every child, that is to say every boy and girl under the age of 18 years, has the right(e) to be protected from economic and sexual exploitation, from child labour, and from maltreatment, neglect or any form of abuse; Section 81 (3) further provides that “children are entitled to adequate protection by the courts, in particular by the High Court as their upper guardian”. 2.2. CHILDREN’S ACT [CHAPTER 5:06] This is an Act that provides for among other things, the establishment of children’s courts makes provision for the protection and welfare of children, provide for the establishment of institutions for the care and custody of children and juveniles. In Part III, the Act deals with the prevention of neglect, ill treatment and exploitation of children and in particular section 7 criminalises the neglect, ill-treatment and exploitation of children and young persons. Section 8 criminalises among other things, the abduction of children for purposes of exposing the child to prostitution or other immoral acts. 7 3