3. The National Legal Framework 3.1. INTRODUCTION This chapter looks at the laws that have been promulgated to protect children in contact with the law in Zimbabwe. The chapter measures these laws against the international standards set out above as well as looking at how the practical application or lack of it affects the rights of children in contact with the law. In as far as that is possible, the organization of this chapter follows the statutes that deal with juvenile justice in Zimbabwe. It is pertinent to note that some of the laws are still to be aligned to the Constitution hence recommendations are made on how these laws can be aligned to the Constitution. 3.2. CONSTITUTION OF ZIMBABWE Zimbabwe's Constitution provides for civil and political rights in the Bill of Rights. 55 These rights protect every citizen of Zimbabwe, including children. It is clearly set out that the State must adopt policies and measures to ensure that in matters relating to children, the best interests of the children concerned are paramount56. In addition the State has undertaken to ensure that children enjoy family or parental care, or appropriate care when removed from the family environment, have shelter and basic nutrition, health care and social services, are protected from maltreatment, neglect or any form of abuse and have access to appropriate education and training57. The state is also compelled to take appropriate legislative measures to protect children from exploitative labour practices and to ensure that children are not required or permitted to perform work or provide services that are inappropriate for the children’s age or place at risk the children’s age, their children, education, physical or mental health or spiritual, moral and social development58. In addition S81 further highlights the rights of children including the right to equal treatment before the law and the right to be heard, the right to be given a name and family name, the right to family or parental care, the right to be protected from economic and sexual exploitation, from child labour and maltreatment, neglect or any form of abuse. This section also highlights that every child has a right to education, health care services, nutrition and shelter. In addition a child has right not to be recruited into militia force or take part in armed conflict or hostilities. In the context of juvenile justice, the Constitution clearly states that a child should not be detained except as a measure of last resort and if detained, to be detained for the shortest appropriate period, to be kept separately from detained persons over the age of eighteen years and to be treated in a manner, and kept in conditions that take into account of the child’s age59. Further emphasis is also placed on the importance of taking into consideration a child’s best interests in every matter concerning them. Children are also entitled to adequate protection by the courts, in particular the High Court as their upper guardian. 55 Part 2 of the Costitution Section 19(1) of the Constitution 57 Section 19(2) of the Constitution 58 Section 19 (3) of the Constitution 59 Section 81(i) of the Constitution 56 15