1.2.
PURPOSE OF THE HANDBOOK
The Handbook focuses on the current legal framework which should be implemented to protect children,
analyses the current practices in handling cases of children in contact with the law and the role of officials in
the justice delivery system. The human rights approach adopted in this Handbook will lead to suggestions
for improving the situation of children in contact with the law in Zimbabwe. The Handbook seeks to
promote a uniform practice in accordance with international human rights law and national laws in handling
cases of children in contact with the law. It will also generate a platform for the creation and amendment of
laws to meet the best juvenile justice practices. The Handbook seeks to promote a juvenile justice system
based on human rights which focuses on rehabilitation and reintegration of juvenile offenders rather than
retribution. The Handbook will also serve as a resource material and an advocacy tool for those in the justice
delivery system.
1.3.
METHODOLOGY
This Handbook is based on the work that Justice for Children has been conducting in providing legal
services to children in contact with the law and a desk research which revealed the gaps within the current
legal framework. JCT takes cognizance of the fact that some laws are still to be aligned to the Constitution
hence recommendations are made on the proposed recommendations for the various laws. In addition to
these methods, Justice for Children also monitored court cases involving children in contact with the law. In
some of the cases, Justice for Children represented the children in contact with the law. The organisation has
further drawn from its participation in the implementation of the Pre Trial Diversion Programme.
1.4.
DEFINITIONS
Child: every boy or girl under the age of eighteen years as defined by the Constitution
Child in conflict with the law: a child alleged as, accused of, or recognised as having infringed the criminal
law
Convention: is a formal agreement between states and is open to participation by the international
community as a whole5.
Accession: is an act by which a country signifies its agreement to be legally bound by the terms of a
particular treaty and has the same effect as ratification. The difference is that accession is not preceded by
signature6.
Ratification: is an act by which a state signifies an agreement to be legally bound by the terms of a
particular treaty, the state will sign the treaty and fulfill its national legislative requirements7.
Diversion: involves the removal from criminal justice processing and frequently, redirection to community
support service. This is commonly practiced on a formal and informal basis in many legal systems. This
5
Definitions of key terms used in the UN TREATY collection, www.unicef.org/files/definitions.pdf accessed on the
3/9/10
6
ibid
7
ibid
7