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]