Judgment No. CCZ 12/2015 27
Const. Application No. 79/14
international community of which Zimbabwe is a party, on the position of the child in society
and his or her rights.
Section 78(1), as read with s 81(1) of the Constitution, testifies to the fact that
Zimbabwe is a signatory to the Convention on the Rights of the Child (CRC) and the African
Charter on the Rights and Welfare of the Child (ACRWC). By signing these documents
Zimbabwe expressed its commitment to take all appropriate measures, including legislative, to
protect and enforce the rights of the child as enshrined in the relevant conventions to ensure
that they are enjoyed in practice. Section 78(1) as read with s 81(1) of the Constitution must
be interpreted progressively.
Child marriage is defined by the United Nations Children’s Fund
(UNICEF)(2011) Child Protection from Violence, Exploitation and Abuse Report as “a formal
marriage or informal union before age 18”. The term “child marriage” covers marriages of
persons under the age of 18 years. The minimum age of marriage was prescribed by the
Committee on the Convention on the Elimination of All Forms of Discrimination against
Women (1979) (CEDAW Committee) to be 18 years. This was a result of the definition of
“child” by Article 1 of the CRC which came into force on 2 September 1990. Article 1 of CRC
defines “a child” to mean “every human being below the age of eighteen years unless under
the law applicable to the child, majority is attained earlier”.
Section 22(1) of the Marriage Act was enacted in 1965 as a response to
omissions and exceptions that existed in the international human rights provisions on the
protection of children that existed at the time. The provisions that existed at the time were
found in Article 16 of the Universal Declaration of Human Rights (UDHR) and the Convention
Select target paragraph3
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