2 International Legal Framework 2.1. INTRODUCTION Zimbabwe is a state party to the CRC and ACRWC, which treaties impose a legal obligation on Zimbabwe to align its laws to the international legal framework governing child justice. The CRC specifically calls upon States “to promote the establishment of laws, procedures, authorities and institutions specifically applicable to children alleged as, accused of, or recognised as having infringed the penal law.”9 The conventions have provisions that deal with children in contact with the law. The intention of the instruments was for the development of conditions that promote the well-being of children in conflict with the law, with a view of reducing the need for intervention under the law, and to effectively, fairly and humanely deal with children in conflict with the law10. Zimbabwe is yet to achieve full compliance with these conventions as they are yet to be domesticated to become justiciable. Some of the key requirements of the conventions are discussed hereunder. 2.2. RIGHT TO LIFE, SURVIVAL AND DEVELOPMENT Article 6 of the CRC provides for the right to life. Article 5 of the ACRWC also provides for the inherent right to life, survival, protection and development of every child. The right to life encompasses basic needs of a child for their survival and development. These include shelter, food, health facilities, education, play, leisure, access to information, freedom of thought and religion. Children are prone to all sorts of delinquency if they fail to get these needs in life for their development. It is the duty of the government to ensure enjoyment of these rights to avoid the delinquency. Both the CRC and ACRWC prohibit the imposition of the death penalty on children11. 2.3. NON DISCRIMINATION Article 2 of the CRC obliges states parties to ensure that every child enjoys the rights set out in the Convention without any discrimination irrespective of the child's, his parents or legal guardian's “race, colour, sex, language, religion, political or other opinion, national, ethnic, social origin, property, disability, birth or other status.”12 The state must take appropriate measures to ensure that children are not discriminated or punished on the basis of their status. The ACRWC goes further to require the state to take measures to end harmful customary practices, particularly those that discriminate on the grounds of sex, that affect the welfare, dignity and normal growth and development of the child 13. Children in contact with the law deserve the protection like any other child; the law should be applied “impartially and without distinction of any kind.”14 9 10 The Beijing Rules op cit Rule 1 Article 37 (a) of the CRC and Article 5(3) of the ACRWC 12 See also Article 3 of the ACRWC 13 See Article 21 of the ACRWC 14 The Beijing Rules op cit Rule 2 11 9