Judgment No. CCZ 12/2015 59
Const. Application No. 79/14
The age of sexual consent which currently stands at sixteen years is now
seriously misaligned with the new minimum age of marriage of eighteen years. This means
that, absent legislative intervention and other measures, the scourge of early sexual activity,
child pregnancies and related devastating health complications are likely to continue and even
increase. The upside is that the new age of marriage might have the positive effect of delaying
sexual activity or child bearing until spouses are nearer the age of eighteen. The downside is
that children between sixteen and eighteen years may be preyed upon by the sexually
irresponsible without such people being called upon to take responsibility and immediately
marry them. Thus, there is an urgent need, while respecting children’s sexual rights especially
as between age mates as opposed to inter-generational sexual relationships, to extend to the
under-eighteens the kind of protection currently existing for under-sixteens with the necessary
adjustments and exceptions.
And when children beget children, the health, social and economic burdens on
the children themselves, their babies and their parents or guardians becomes overwhelming.
The provision of the Constitution relating especially to the protection of the family must be
urgently activated to meet this challenge. Section 25 of the Constitution under the National
Objectives states as follows:
“25.
Protection of the family
The State and all institutions and agencies of the government at every level must protect
and foster the institution of the family and in particular must endeavour, within the
limits of resources available to them, to adopt measures for –
a)
b)
the provision of care and assistance to mothers, fathers and other family members
who have charge of children; and
the prevention of domestic violence.” [emphasis added]
Select target paragraph3
Add to table of contents