Definition of a child in terms of the Zimbabwe Legislation.
ln terms of S. 81(1) of the Constitution of Zimbabwe , a child has been defined as
any person who is below the age of eighteen(18) years. Efforts are being made to align
the various pieces of legislation on children to the Constitution as currently they provide
for varied ages.
ii. Regional and International Legal Framework
Zimbabwe ratified the Convention on the Rights of the Child (CRC) in 1990, on 19th
January 1995 it ratified the African Charter on the Rights and Welfare of the Child
(ACRWC). It ratified ILO Convention No. 182 on the Worst Forms of Child Labour in
20001. The main instruments that were used to guide the assessment are the United
Nations Standard Minimum Rules on the Administration of Juvenile Justice (‘the
Beijing Rules’) 1985, the United Nations Rules for the Protection of Juveniles
deprived of their Liberty (‘the Havana Rules’) 1990, the United Nations on the
Rights of the Child (CRC), United Nations Standard Minimum Rules for the
Treatment of Prisoners, the International Covenant on Civil and Political Rights
(ICCPR) as well as the International Covenant on Economic, Social and Cultural
Rights (ICESCR).
Although not necessarily binding on states like a treaty, the following instruments
provides guidelines for the basic minimum standards when dealing with inmates:
a. The UN Rules for the Protection of Juveniles Deprived of their
Liberty
These rules provides for measures to be taken to ensure that juvenile detainees, and
offenders, are given fair treatment and receive consideration for their age.2 These rules
for example, states that life imprisonment without the possibility of parole should not be
2
United Nations General Assembly. Resolution 45/113. United Nations Rules for the Protection of Juveniles
Deprived of their Liberty .December14,1990
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