An analysis of Child related Legislation in Zambia

Abstract

The Analysis of Child related legislation in Zambia aims at identifying the gaps existing in the Zambian legislation dealing with the protection of children's rights in view of the contemporary legal provisions enumerated in international instruments such as the Convention on the Rights of the Child(CRC) and the African Charter on the Rights and Welfare of the child(ACRWC). It is therefore envisaged that the research will help document some of the existing gaps and shortcomings so as to provide the basis for advocating for the enactment of a more modern and just legal framework which will help in addressing, in a more meaningful way, the contemporary concerns related to the protection of the child's rights. The research starts by giving a background to the study and analyzing the statement of the problem as well as the rationale of the study. The second chapter discusses the constitutional issues affecting the rights the children, as contained in the current constitution of Zambia. These rights are analyzed in view of the protective provisions of the CRC and the ACRWC as well as constitutions of other modern democratic states like that of the Republic of South Africa. The Third Chapter is an analysis of the Juveniles Act of Zambia, with the view of identifying areas which do not adequately provide for the protection of the rights of juvenile offenders as required by international instruments dealing with protection of Juvenile delinquents. The fourth Chapter is an analysis of the Legitimacy Act and emphasis the need to harmonize the various provisions of the Act in order to bring it in line with contemporary developments in the law of inheritance and succession. The emphasis here is that the law no longer distinguishes between the rights of legitimate and illegitimate children and that the concept of illegitimacy has since been done away with both at common law and the Zambian national laws dealing with succession and inheritance. In the fifth chapter, the law relating to the adoption of children in Zambia is analyzed in the context of the principles outlined in the CRC which require state parties which permit the system of adoption should ensure that the best interest of the child is given paramount consideration in all matters affecting the child. The research is completed by a summary, conclusion and recommendations in chapter six. The recommendations have focused more on the gaps found in the statutes that have been reviewed and the proposals to address them.