(i)
Not to be detained except as a measure of last resort and, if
detained –
(i)
to be detained for the shortest appropriate period;
(ii)
to be kept separately from detained persons over the
age of eighteen years; and
(iii)
to be treated in a manner, and kept in conditions, that
take into account of the child’s age.
6.1.8 Section 81 (1) (f) of the Constitution provides for the right of the
child to education and health care services. It states the following;
“Every child, that is to say every boy and girl under the age of
eighteen years, has the right(f) to education, health care services
7.
International Law
Zimbabwe is a State party to a number of international and regional
human rights instruments which create obligations for it to respect,
protect and promote the human rights enshrined in therein, which
renders these instruments also relevant.
7.1
7.2
Universal Declaration of Human Rights (UDHR)
7.1.1 The UDHR provides for the right not to be subjected to torture or to
cruel, inhuman or degrading treatment or punishment in Article 5.
7.1.2 Article 12 provides for the right not to be subjected to arbitrary
interference with one’s privacy, family and home and the right to the
protection of the law against such interference or attacks.
7.1.3 Article 3 states that; "Everyone has the right to life, liberty and
security of person."
International Covenant on Civil and Political Rights (ICCPR)
7.2.1 Article 7, which forms part of the jus cogens principle under
international law, i.e. rights to which no derogation is allowed,
provides that;
“No one shall be subjected to torture or cruel, inhuman or
degrading treatment or punishment.”
7.2.2 Article 17 provides for the right not to be subjected to arbitrary or
unlawful interference with his privacy, family and home and the right
to protection of the law against such interference or attacks.
7.2.3 Article 9 provides that:
"Everyone has the right to liberty and security of person.
No one shall be deprived of his liberty except on such
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