CHAPTER 2
CHILDREN IN CONFLICT WITH THE LAW:
INTERNATIONAL AND LEGAL FRAMEWORK
“Children deserve less punishment because they
may have less capacity to control their conduct and
think in long-range terms than adults. Moreover, juvenile
crime, as such, is not exclusively the offender’s fault.
Offences by juveniles also present a failure by family,
school and the social system, which share responsibility
for the development of the youth. Actions of a child
are less likely to be evidence of irretrievable depravity.”
Chief Justice Luke Malaba, S v Chokuramba CCZ 10-19
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Zimbabwe, as a signatory to global and regional
instruments such as the United Nations Convention
on the Rights of the Child (UNCRC) and the African
Charter on the Rights and Welfare of the Child
(ACRWC), has adopted a legal regime that offers
special protection to children who interface with the
criminal justice system.
While Zimbabwe has no child justice framework
contained within a single Child Justice Act, the
Constitution and legislation such as Children’s Act
and the Criminal Procedure and Evidence Act
provide special protections for children in conflict
with the law.
The United Nations Standard Minimum Rules for
Administration of Juvenile Justice (the Beijing Rules)
augment the national child justice system. The
Beijing rules outline how children who interface
with the criminal justice system should be treated.
Among such protections are special procedures in
the trial of children, and a regime of reformative and
rehabilitative sentencing as opposed to retributive
and punitive sentencing.
A mechanism to divert children’s cases from the
criminal justice system exist in Zimbabwe in the
form of the Pre-Trial Diversion programme.
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‘Hear them Cry ’ – An Analysis of State Violence Against Children During the January 2019 Protests
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