This paper discuses the child fundamental natural rights as enshrined in the Constitutions of the... more This paper discuses the child fundamental natural rights as enshrined in the Constitutions of the United Republic of Tanzania and South Africa with a view of encouraging the Constitution of Tanzania to incorporate in its Constitution overtly the natural child rights protection. The term ‘Human Rights’ is dynamic concept and it endeavours to adapt itself to the needs of the countries and their people. Mathur (1996) provides that, these rights are sometimes known as basic rights, fundamental rights, natural rights, or inherent rights. The child rights are required to be incorporated in the constitution. The Constitution of South Africa at article 28 recognises and protects the rights of all people including the child. However, the Tanzania constitution has not incorporated such child human rights. Therefore, it is here appealed that, the Tanzania Constitution has to incorporate the rights of the child in it constitution to provide adequate protection of child rights as it has been don...
It is the principle of law that, each constitution overtly should recognise and protect the right... more It is the principle of law that, each constitution overtly should recognise and protect the rights of the child as part of the fundamental human rights from the conception stage to the adulthood because the child is a vulnerable human being in the society; he needs special recognition and protection of his rights. However, the Constitutions of Rwanda and Tanzania do not expressly provide the rights of the child as it has been in Kenya and Uganda. The constitutions of Kenya and Uganda overtly recognise the child’s fundamental human rights and provide the need of its protection. In addition, the Constitutions should guarantee the child with necessary services such as education, medical treatment, nutritious food and any other necessary services to the child as important elements for his growth. Thus, this article scrutinises the child fundamental human rights as enshrined into the Constitutions of Rwanda, Tanzania, Uganda and Kenya Constitutions. However, Burundi despite is a part of ...
The child in some occasion perpetrates criminal offences. Such child is taken to court to answer ... more The child in some occasion perpetrates criminal offences. Such child is taken to court to answer the accusation. In case the court convicts him/her enters the sentence. However, before imposition of the sentence the court has responsibility to find out the best theory of punishment. This is with a view of rehabilitating the offender. However, it has been noted that, courts overlook this condition and imposes sentences which deteriorate the welfare of the child by disregarding the theories of punishment and important factors required to be considered before the imposition of the sentence. This article discusses the theories of punishment and the important factors required to be considered by the court before the imposition of the sentence to the convicted juvenile offender. This is with a view of calling attention to the judicial officers to utilise such theories and factors in the course of imposition of sentences to the juvenile for the purpose of rehabilitation process.
The child should be protected by his rights. Protection of child rights and welfare makes the chi... more The child should be protected by his rights. Protection of child rights and welfare makes the child able to reach his physical, mental, emotional and social potentials. The child needs to be provided with necessary services for his growth from his parents, relatives and the State. The study by Legal and Human Centre reveals that: ‘T here has been an increase of violations of the rights of children in Tanzania. Tanzanian children are seriously vulnerable to cruelties of all forms, including sexual offences, physical and emotional neglect, physical abuse, child labour, and even murder. Rape incidences account for about 75% of the reported.’ Thus, the child needs to be protected against torture and degrading treatments, involving in different pornographic activities, sexual exploitation, drug abuse, and trafficking of drugs, child trafficking, child sale, abduction, degrading fosterage and adoption. The Public Enquiry on Violence and Abuse against Children conducted in eleven Districts...
This paper discuses the child fundamental natural rights as enshrined in the Constitutions of the... more This paper discuses the child fundamental natural rights as enshrined in the Constitutions of the United Republic of Tanzania and South Africa with a view of encouraging the Constitution of Tanzania to incorporate in its Constitution overtly the natural child rights protection. The term 'Human Rights' is dynamic concept and it endeavours to adapt itself to the needs of the countries and their people. Mathur (1996) provides that, these rights are sometimes known as basic rights, fundamental rights, natural rights, or inherent rights. The child rights are required to be incorporated in the constitution. The Constitution of South Africa at article 28 recognises and protects the rights of all people including the child. However, the Tanzania constitution has not incorporated such child human rights. Therefore, it is here appealed that, the Tanzania Constitution has to incorporate the rights of the child in it constitution to provide adequate protection of child rights as it has been done by the
This paper discuses the child fundamental natural rights as enshrined in the Constitutions of the... more This paper discuses the child fundamental natural rights as enshrined in the Constitutions of the United Republic of Tanzania and South Africa with a view of encouraging the Constitution of Tanzania to incorporate in its Constitution overtly the natural child rights protection. The term ‘Human Rights’ is dynamic concept and it endeavours to adapt itself to the needs of the countries and their people. Mathur (1996) provides that, these rights are sometimes known as basic rights, fundamental rights, natural rights, or inherent rights. The child rights are required to be incorporated in the constitution. The Constitution of South Africa at article 28 recognises and protects the rights of all people including the child. However, the Tanzania constitution has not incorporated such child human rights. Therefore, it is here appealed that, the Tanzania Constitution has to incorporate the rights of the child in it constitution to provide adequate protection of child rights as it has been don...
It is the principle of law that, each constitution overtly should recognise and protect the right... more It is the principle of law that, each constitution overtly should recognise and protect the rights of the child as part of the fundamental human rights from the conception stage to the adulthood because the child is a vulnerable human being in the society; he needs special recognition and protection of his rights. However, the Constitutions of Rwanda and Tanzania do not expressly provide the rights of the child as it has been in Kenya and Uganda. The constitutions of Kenya and Uganda overtly recognise the child’s fundamental human rights and provide the need of its protection. In addition, the Constitutions should guarantee the child with necessary services such as education, medical treatment, nutritious food and any other necessary services to the child as important elements for his growth. Thus, this article scrutinises the child fundamental human rights as enshrined into the Constitutions of Rwanda, Tanzania, Uganda and Kenya Constitutions. However, Burundi despite is a part of ...
The child in some occasion perpetrates criminal offences. Such child is taken to court to answer ... more The child in some occasion perpetrates criminal offences. Such child is taken to court to answer the accusation. In case the court convicts him/her enters the sentence. However, before imposition of the sentence the court has responsibility to find out the best theory of punishment. This is with a view of rehabilitating the offender. However, it has been noted that, courts overlook this condition and imposes sentences which deteriorate the welfare of the child by disregarding the theories of punishment and important factors required to be considered before the imposition of the sentence. This article discusses the theories of punishment and the important factors required to be considered by the court before the imposition of the sentence to the convicted juvenile offender. This is with a view of calling attention to the judicial officers to utilise such theories and factors in the course of imposition of sentences to the juvenile for the purpose of rehabilitation process.
The child should be protected by his rights. Protection of child rights and welfare makes the chi... more The child should be protected by his rights. Protection of child rights and welfare makes the child able to reach his physical, mental, emotional and social potentials. The child needs to be provided with necessary services for his growth from his parents, relatives and the State. The study by Legal and Human Centre reveals that: ‘T here has been an increase of violations of the rights of children in Tanzania. Tanzanian children are seriously vulnerable to cruelties of all forms, including sexual offences, physical and emotional neglect, physical abuse, child labour, and even murder. Rape incidences account for about 75% of the reported.’ Thus, the child needs to be protected against torture and degrading treatments, involving in different pornographic activities, sexual exploitation, drug abuse, and trafficking of drugs, child trafficking, child sale, abduction, degrading fosterage and adoption. The Public Enquiry on Violence and Abuse against Children conducted in eleven Districts...
This paper discuses the child fundamental natural rights as enshrined in the Constitutions of the... more This paper discuses the child fundamental natural rights as enshrined in the Constitutions of the United Republic of Tanzania and South Africa with a view of encouraging the Constitution of Tanzania to incorporate in its Constitution overtly the natural child rights protection. The term 'Human Rights' is dynamic concept and it endeavours to adapt itself to the needs of the countries and their people. Mathur (1996) provides that, these rights are sometimes known as basic rights, fundamental rights, natural rights, or inherent rights. The child rights are required to be incorporated in the constitution. The Constitution of South Africa at article 28 recognises and protects the rights of all people including the child. However, the Tanzania constitution has not incorporated such child human rights. Therefore, it is here appealed that, the Tanzania Constitution has to incorporate the rights of the child in it constitution to provide adequate protection of child rights as it has been done by the
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