All Constitution Sections

Section 81: Rights of children

Constitution of Zimbabwe

(1) Every child, that is to say every boy and girl under the age of eighteen years, has the right—

    (a) to equal treatment before the law, including the right to be heard;

    (b) to be given a name and family name;

    (c) in the case of a child who is—

          (i) born in Zimbabwe; or

          (ii) born outside Zimbabwe and is a Zimbabwean citizen by descent;

to the prompt provision of a birth certificate;

    (d) to family or parental care, or to appropriate care when removed from the family

environment;

    (e) to be protected from economic and sexual exploitation, from child labour, and from

maltreatment, neglect or any form of abuse;

    (f) to education, health care services, nutrition and shelter;

    (g) not to be recruited into a militia force or take part in armed conflict or hostilities;

    (h) not to be compelled to take part in any political activity; and

          (i) not to be detained except as a measure of last resort and, if detained—

          (i) to be detained for the shortest appropriate period;

          (ii) to be kept separately from detained persons over the age of eighteen years; and

          (iii) to be treated in a manner, and kept in conditions, that take account of the child’s

age.

(2) A child’s best interests are paramount in every matter concerning the child.

(3) Children are entitled to adequate protection by the courts, in particular by the High Court as their upper guardian.

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AI Insights

Insight: Rights of Children

This section establishes comprehensive protection for all Zimbabwean children under 18, emphasizing the "best interests of the child" principle as the paramount consideration in all matters. It not only guarantees basic rights (name, education, health) but also provides special protections against exploitation and political/military recruitment. The constitution uniquely positions the High Court as the "upper guardian" of children, creating a strong judicial safeguard for children's rights that can intervene when other protections fail.