Eleanor Finch
In Zambia, the definition of a child has varied across different pieces of legislation, creating ambiguity and conflicting views. However, the Children's Code Act of 2022, signed into law by President Hakainde Hichilema, now defines a child as any person who is 18 or below, in line with the provisions of the Zambian Constitution. This definition aligns with the country's commitment to international conventions, such as the African Charter on the Rights and Welfare of the Child and the Convention on the Rights of the Child. The act also includes provisions that protect children's rights and safeguard them from harmful practices, such as child marriage, child labour, and exploitation, ensuring that the best interests of the child are considered above all else.
| Characteristics | Values |
|---|---|
| Definition of a child | A person who is 18 years of age or below |
| Definition of an infant | A person who is below 21 years of age and not married |
| Definition of a minor | A person who is below 18 years of age |
| Child marriage | Outlawed |
| Child custody | Should only be taken as a measure of last resort |
| Child in conflict with the law | Has the right to legal representation |
| Child discrimination | Outlawed on the basis of race, colour, sex, gender, age, language, political or other opinion, conscience, belief, tribe, pregnancy, health, ethnic or social origin, disability, property, birth, economic or other status |
| Child punishment | Outlawed on the basis of race, colour, sex, gender, age, language, political or other opinion, conscience, belief, tribe, pregnancy, health, ethnic or social origin, disability, property, birth, economic or other status |
| Child protection | The best interest of the child will be the primary consideration |
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What You'll Learn
A child is defined as anyone up to 18 years old
In Zambia, a child is defined as anyone up to and including the age of 18 years old. This definition is enshrined in the country's constitution and was brought into effect by the Constitution of Zambia (Amendment) Act No. 2 of 2016.
Previously, the definition of a child varied across different pieces of legislation, creating ambiguity and conflicting views. The Children's Code Act of 2022 has helped to harmonise these discrepancies, defining a child in line with the constitution and providing a comprehensive legal framework to govern matters affecting children for the first time in the country's history.
The Children's Code Act includes 19 parts and 198 provisions, repealing and replacing key laws that previously governed different aspects of children's rights, including the Legitimacy Act of 1929, the Juveniles Act of 1956, and the Affiliation and Maintenance of Children Act of 1995. The Act also brings Zambia into compliance with international conventions it had signed, such as the 1989 Convention on the Rights of the Child and the 1990 African Charter on the Rights and Welfare of the Child.
The Children's Code Act outlines children's rights and protections, including provisions that outlaw child marriage and protect against discrimination on the basis of race, colour, sex, gender, age, language, political or other opinion, conscience, belief, tribe, pregnancy, health, ethnic or social origin, disability, property, birth, economic or other status. It also ensures that the best interest of the child is considered before anything else and that children are provided with legal representation if they come into conflict with the law.
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The Children's Code Act protects children's rights
In Zambia, the definition of a child has varied across different pieces of legislation, creating ambiguity and conflicting views. The Children's Code Act defines a child as any person who is aged 18 or below, aligning with the provisions of the Zambian Constitution. This act provides a comprehensive legal framework to govern matters affecting children for the first time in Zambia, repealing and replacing previous laws that addressed specific aspects of children's rights.
The Act also addresses the separation of a child from their parent or family. It states that when a court or the Director of Social Welfare determines that it is in the child's best interest to be separated from a parent, the child will be provided with the best alternative care available. The Ministry responsible for child welfare ensures that the child maintains personal relations and direct contact with the parent, unless it is against the child's best interests. If a child is separated from their family without court approval, the State must assist in expediting reunification.
The Children's Code Act also focuses on ensuring that a child's views and opinions are considered in decisions affecting them. A child capable of forming their own views must be informed and given the opportunity to express their opinion, which should be taken into account appropriately, considering the child's age, maturity, and nature of the decision. Additionally, the Act prioritises the best interests of the child as the primary consideration in matters concerning them, whether by public or private bodies.
Furthermore, the Act addresses children in conflict with the law. It requires the Legal Aid Board to provide legal representation to children who cannot afford it and promotes diversion as the first measure in dealing with these children, diverting them away from the criminal justice system. The Act also stipulates that a child shall not be taken into custody except as a last resort.
The Children's Code Act is a significant step towards protecting children's rights in Zambia, addressing previous gaps in legislation and ensuring that the best interests of children are prioritised.
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Child marriages are outlawed
In Zambia, a child is defined as a person who is 18 years of age or below. This definition is per the Zambian Constitution, specifically Article 266, which is the interpretative provision. The Children's Code Act of 2022, signed into law by President Hakainde Hichilema, provides a comprehensive legal framework for matters affecting children, bringing together and replacing previous key laws on various aspects of children's issues.
The Children's Code Act outlines children's rights and protections, including the provision that outlaws child marriage. This act ends the debate about the applicable law when considering customary marriages, defilement, and child marriage. Previously, the law did not impose a marriageable age limit for customary marriages, only requiring the attainment of puberty. This gap in the law made it difficult to implement or enforce policies against child marriages.
On December 22, 2023, Zambia amended the 1918 Marriage Act, raising the minimum marriageable age to 18 for all marriages, including customary marriages. This amendment adopts the constitutional definition of a child and repeals the section that permitted the marriage of children, even those under 15. The new language renders any marriage void if one or both parties are children. This restriction extends to marriages concluded under customary rites, criminalizing statutory rape committed under the guise of customary marriage.
The outlawing of child marriage in Zambia is a significant step, as the practice has been deeply entrenched in the country. According to a 2020 UNFPA-UNICEF report, Zambia had 1.7 million child brides, with 400,000 married before the age of 15. While the practice has been declining, with lower percentages of young women marrying before 18 or 15 in 2018 compared to 1993, the factors driving child marriage, such as poverty, remain prevalent.
The Children's Code Act and the amendment to the Marriage Act are crucial steps toward protecting children's rights and ensuring their well-being in Zambia.
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Children are protected from discrimination
In Zambia, a child is defined as any person who is aged 18 or below. This definition is enshrined in the Constitution of Zambia (Amendment) Act No. 2 of 2016, which supersedes any conflicting definitions in previous legislation.
The Children's Code Act, enacted in 2022, provides a comprehensive legal framework to protect children's rights and govern matters affecting children. The Act includes provisions that specifically address discrimination against children.
The Children's Code Act bars discrimination against children on various grounds, including "race, colour, sex, gender, age, language, political or other opinion, conscience, belief, tribe, pregnancy, health, ethnic or social origin, disability, property, birth, economic or other status." This means that it is unlawful to discriminate against a child based on any of these characteristics. The Act also prohibits discrimination against a child based on the characteristics of their parents, guardians, or custodial caregivers.
The Act promotes the principle of the "best interest of the child," which is now enshrined in Zambian law. This principle ensures that the interests and well-being of the child are given primary consideration in any matter or action concerning them, whether by a public or private body.
Zambia has also taken steps to address specific forms of discrimination and exploitation of children, such as child marriage. The amendment to the Marriage Act in 2023 raised the minimum marriageable age to 18 for all marriages, including those concluded under customary law. This amendment outlaws child marriage and ensures that any marriage involving a child is considered void.
Additionally, Zambia's Penal Code, as amended in 2005, criminalises sexual intercourse with a child under the age of 16, defining it as statutory rape. This amendment further strengthens the protection of children from sexual exploitation and abuse.
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Children in conflict with the law are protected
In Zambia, a child is defined as any person who is aged 18 or below. This definition is per the Children's Code Act, which was established to harmonise the conflicting definitions of a child in previous legislation. The Children's Code Act also outlines the rights and protections of children, including the outlawing of child marriage.
Children in conflict with the law in Zambia are protected by the Children's Code Act, which provides for their treatment and protection. The Act establishes procedures for granting legal aid to children in conflict with the law and mandates the creation of social welfare reports in such cases. It also promotes the rehabilitation of these children through diversion and alternative correctional programmes that facilitate restorative justice and compliance with laws.
The Act ensures that children in conflict with the law are provided with legal aid and that their treatment aligns with restorative justice principles. It aims to limit the negative effects of confinement and prevent further offending. Children who are victims or witnesses in investigative and judicial processes are also protected under the Act.
The Children's Code Act prohibits subjecting children to torture, cruel treatment, or punishment, unlawful arrest, or deprivation of liberty. It explicitly bans capital punishment or life imprisonment for children. The Act also ensures that a child giving evidence is questioned in a manner that promotes their well-being and avoids any harm. Additionally, it addresses privacy rights, ensuring that a child's privacy is respected and appropriate to their age and maturity.
Furthermore, the Act provides for parental responsibility, custody, maintenance, guardianship, foster care, adoption, and protection of children. It ensures that a child capable of forming their own views has the opportunity to express their opinion in matters affecting them, with appropriate consideration given to their age, maturity, and the nature of the decision. The Act also prohibits discrimination against children based on various factors, including race, colour, sex, age, political opinion, health, and social origin.
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Frequently asked questions
The Zambian Constitution defines a child as "a person who has attained, or is below, the age of eighteen years".
Previously, the definition of a child varied in different pieces of legislation, creating ambiguity and conflicting views. The Marriage Act, for example, defined a child as someone under the age of 21.
The new definition has brought significant changes to Child Law in Zambia and has helped harmonise the varying definitions. It has also brought Zambia into compliance with international conventions, such as the African Charter on the Rights and Welfare of the Child. Additionally, the definition has played a role in outlawing child marriage, raising the minimum marriageable age to 18 for all marriages, including those concluded under customary law.
