- October 1, 2024
- Posted by: Clever K Mlambo
- Category: News
The Criminal Laws Amendment (Protection of Children and Young Persons) Act, signed into law by the President of Zimbabwe in 2024, marks a pivotal moment in the country’s framework concerning the protection of minors. This Act establishes a minimum age of 18 for legal consent to sexual activity, thereby addressing a critical gap that previously existed in the previous law, which set the age of consent at 16. By instituting this new age limit, the Act fortifies the legal protection of children and adolescents against sexual exploitation and abuse.
The passage of this legislation represents a decisive response to social and legal imperatives highlighted by various stakeholders, including the Centre for Applied Research (CALR) and UNICEF Zimbabwe. These organizations provided essential support to the Ministry of Justice, Legal and Parliamentary Affairs (MoJLPA) throughout the development of the new legal framework. Technical workshops in major cities, such as Harare and Bulawayo, facilitated vital discussions among state and non-state, ensuring that diverse perspectives were considered in formulating the Act. The collaborative effort culminated in a comprehensive report that formed the basis for a memorandum of principles, ultimately leading to Cabinet approval in December 2023.
The legislative changes come in the wake of a landmark judicial ruling in the case of Kawenda v Ministry of Justice, Legal and Parliamentary Affairs. The court’s decision underscored the necessity for a legal framework that aligns with the Constitution of Zimbabwe, particularly concerning the rights of minors. This ruling catalyzed a governmental commitment to reform, highlighting the urgent need to establish clear safeguards for vulnerable populations.
The Zimbabwean government reinforces its commitment to protecting children from manipulation and coercion in line with international instruments such as the United Nations Convention of the Rights of the Child. By explicitly defining the age of consent at 18, the law provides a robust barrier against potential exploitation, ensuring that minors are not subjected to sexual activity that they cannot legally consent to. This legislative shift is vital in fostering a societal environment where the rights and dignity of young individuals are respected and upheld.
Moreover, the enactment of this law is not merely a reactive measure; it is a proactive approach to nurturing a culture of respect and accountability. As the government strengthens its legal framework, it also sends a clear message to society regarding the importance of safeguarding young citizens. This effort aligns with global best practices in child protection and resonates with international human rights standards aimed at promoting the welfare of children.
The collaborative efforts of various stakeholders in developing this legislation underscore the importance of a comprehensive approach to child protection. The successful implementation of this Act will be crucial in ensuring that children are not only protected but also empowered to thrive in a safe nurturing environment.