INTRODUCTION

The Law of the Child Act is An act to provide for reform and consolidation of laws
relating to children, to stipulate rights of the child and to, promote, protect and maintain the
welfare of a child with a view to giving effect to international and regional convention on the
rights of the child; to provide for, affiliation, foster care, adoption and custody of the child; to
further regulate employment, apprenticeship; to make provisions with respect to a child in
conflict with law and to provide for related matters1.

KEY ELEMENTS OF THE LAW

The Law of the Child Act has provided for several keys’ elements relating to the protection of
the rights and welfare of the child.

RIGHTS AND WELFARE OF THE CHILD

Right can be defined as a moral or legal entitlement to have or to do something. Welfare can
be referred to as statutory procedure or social effort designed to promote the basic physical
and material well-being of people in need. Under part II of the Act rights and welfare of the
children are provided.

Non discrimination

It is the right of a child no to be discriminated. Thus, a child must have right to live
free from any discrimination2. The law doesn’t allow any kind of discrimination based on
gender, race, age, religion, language political opinion, disability, health status, custom, ethnic
origin, rural or urban background, birth, socio-economic status, being a refugee or other
status3.

Right to name and nationality

A child according to section 6 of the law of the child Act has right to be given a name,
nationality and also to know his or her biological parents and extended family, this includes
other relatives. It is no allowed to take away the right of the child to know hi9s biological
parents and other members of his or her family 4. Also, it should be noted that a parent or a
guardian is responsible to register the birth of his or her child to the registrar general.

1
Long title of the Law of the Child Act CAP 13 R.E 2019
2
Section 5(1) ibid
3
Section 5(2) ibid
4
Section 6(2) ibid
Right to grow up with parent

It I the right of a child to live with his or her parent or guardian. A child shall not be denied of
the right to live with his or her parent or guardian or family, and in the course of living a
child is entitled to careering and peaceful environment. A child will not be allowed to live
with her parents or family by the order of the court, thus, whenever the court find it necessary
that for the best interest of the child it may make an order to separate a child from his or her
family5.

Duty to maintain child

A child needs to be maintained and it shall be the duty of the parents, guardian or any other
person having custody of a child to maintain a child. By maintaining it mean that a child has
to be given food, shelter, clothing, medical care including immunization, education guidance,
liberty, play and leisure6. No person is allowed by this slaw to take away any of the factor for
maintenance of a child.

The law also has provided protection to the child with disabilities as it does not allow unfair
treatment to a child with disabilities7. The law has put a requirement as to special treatment to
the child with disabilities, there has to be afforded facilities which will enable them to get
equal opportunities in education and training wherever possible to develop his or her
maximum potential and self-reliance8.

CARE AND PROTECTION OF THE CHILD

This is covered under part III of the law of the Child Act. It provides for the meaning of the
child care and protection for care. Among other thing the law has ensured the care and
protection of an orphan9. The law has also referred a person who does not exercise proper
guardianship as a destitute. Also, a child must be protected from a company of any reputed
criminal or prostitute. The court and social welfare officers have been given power by this
law to ensure the protection of the child. The law has also protected the child right where
parents separate in accordance with Marriage Act. The child is entitled to all means of

5
Section 7 (3) ibid
6
Section 8 (1) ibid
7
Section 8(5) ibid
8
Section 8(6) ibid
9
Section 16 (1) (a) ibid
maintenances and protection and the law emphasis on the fact that this child should not be
unprotected because of the separation10.

FOSTER CARE AND PLACEMENTS

Foster care simply means temporary custody or guardianship for a child whose parent are
dead or unable to look after them 11. In this aspect the law has provide for Parental
responsibility of a patron, manager or foster parent. This is provided under part IV of the law
of the Child Act

Any of the mentioned persons are required to protect welfare of the child. They have
responsibility of communicating with the child’s parents or guardian on the development of
the child12. The law continues to protect a child from unwanted individual for the child well-
being, as the court is given mandate to make an exclusion order for a particular specified
time13.

FOSTERAGE AND ADOPTION

The law gives power to any person who is of the high moral character and proved integrity to
be a capable of undertaking the care, welfare and maintenances of the child. This will be
applicable where a child has been committed to an approved residential home or an
institution under the supervision order. The law has imposed an obligation to apply to the
commissioner for social welfare. There is a regulation regulating fosterage14.

An application for adoption of a child is supposed to be made to the High Court, the district
and resident magistrate court are given power to determine application for open adoption 15. In
order to ensure the protection of the child the adoption of child will not be allowed unless the
applicant is residing in United republic of Tanzania 16. The Law requires the consent of the
parent and guardian in adoption of a child.
10
Section 26 ibid
11
http//; www.oxforddictionary.com
12
Section 27 (7) ibid
13
Section 28 ibid
14
Section 53 ibid
15
Section 54 ibid
16
Section 56(3) ibid
 EMPLOYMENT OF CHILD

The law has imposed a right to light work to the child 17, the minimum age for employment or
engagement of a child is fourteen years. The law has defined light work to mean works which
are not harmful to the health and development of the child and does not prevent or affect the
child’s attendance at school, participation in vocational orientation or training programmes or
the capacity of the child to benefit from school work18.

The law has prohibited exploitative labour to the child. Exploitative works includes a work
that exceed six hours a day, receiving of inadequate remuneration, any work which is
inappropriate to his age. The law provides under section 78(4) that a person who give
exploitative work to a child shall be committing an offence. The law has also prohibited night
works forced labour, hazardous employment, sexual exploitation to the child.

It is the right of a child to acquire vocational skills and training in the form of apprenticeship

CHILD IN CONFLICT WITH LAW

When a child is in conflict with the law he shall be taken to the juvenile court for the purpose
of hearing and determine child matters. This court is presided over the resident magistrate, it
has power to hear both criminal charges against the child and applications relating to child
care maintenances and protection. This is provided under Part IX of the Act.

DUTIES OF THE WELFARE OFFICER IN THE LAW OF THE CHILD ACT

Social welfare officer has been defined by the Act as social welfare officer in the service of
the Government19. The social welfare officer plays a very great role in child protection as the
law allows him or her to make an application to the court to issue care order or interim care
order for the best interest of a child20.

Taking custody of the child and determine the most suitable place for a child, the
social welfare officer has a duty to ensure protection of the child for the benefit of the child.
In doing so the social welfare officer can take the custody of the child while determining the
most suitable place for that particular child21. It should be noted that the court will make an
order as to cost of the child to the parents or guardian who is responsible for that child

17
Section 77(1) ibid
18
Section 77(3)ibid
19
Section 2 ibid
20
Section 18(1) ibid
21
Section 18 ibid
 Advising and counselling the child and his family, a social welfare officer has a duty
to advise a child on various issues for the best interest of child. He is also responsible for
advising the family and anyone who is responsible for maintenance of a child on the various
ways of protecting a child. This is a statutory duty as it is provided under section 20 (a) of the
Law of the Child Act.

A social welfare officer has a duty to hold regular reviews to plan for the future of the
child in consultation with the child and his parents or guardian 22; the law has imposed a duty
to the social welfare officer with consultation of the child and his parents of guardian to plan
for the future of the child. Theis is done with the aim of protecting a child from becoming a
bad person in the society in the future.

To take necessary steps to ensure that a child is not subjected to any harm 23; it is a
duty of the social welfare officer to do all necessary steps to rescue a child from entering to
any harm. Therefore, wherever he sees that there is likely to a harm to a child the as a social
welfare officer he needs to take necessary steps. Necessary steps include making of an
application to the court to make an order as to custody of the child in environment where a
child will be protected

A social welfare officer has a duty to visit home24; parents are required by the law to
permit a social welfare officer to visit a child or his family home or at an approved residential
home or institution, as the case may be so that he will be able to know the status of a child
and how is he protected by the family parent or guardian.

To make an application for discharge of an order 25. The order which based on care
and supervision of the child may be discharged by the court in the best interest of the child
upon an application by the social welfare officer. Therefore, whenever he thinks it is
necessary to make such an application for the benefit of the child, he will make that particular
application.

Preparation of a social investigation report26;whenever it is found necessary the court

may require a written social investigation report in respect of the child before making a care
order or supervision order27. And therefore, it shall be a duty of the of the social welfare
22
Section 20(b) ibid
23
Section 20(d) ibid
24
Section 21 ibid
25
Section 23(b) ibid
26
Section 31(2) ibid
27
Section 31(1) ibid
officer to make such investigation. In doing so he will make home visit and interview parents
or guardian or relative of the child concerned.

Making recommendations with regards to application for foster care. The law requires
the commissioner for social welfare after receiving an application for foster a child, to take a
recommendation from the social welfare officer, on whether to accept the application or not
based on the best interest of the child28. Therefore, it shall be a duty of the social welfare
officer or patron or manager to make a recommendation.

LAWS WHICH SUPPORT THE PROVISIONS OF THE LAW OF THE CHILD ACT

The Penal code [CAP 16 R.E 2019]

Presently, section 206 of the Penal Code imposes duty to parents to provide necessaries to
children. Also, section 167 of the Penal Code has provided that a person who is neglecting to
provide food for a child is guilty of an offence. This provision supports the provision of
section 8 of the law of the child Act which make it mandatory for a parent or guardian to
maintain his or her children by providing for him or her food, shelter, clothes

The Indian Succession Act, 1865

Part IV of the Act gives children right to inherit properties of their deceased parents, this
supports the provision of section 10 of the Law of the Child Act in which a child has a right
to enjoy out of the estate of his or her parents.

The Education Act CAP 353

One of the fundamental duties of parental care is to ensure and provide for a child’s
education. The Education Act, CAP 353 provides for, compulsory enrolment and attendance
of pupils in Primary Schools as per section 35 under which every child who is aged seven
years but has not attained the age of thirteen years must be enrolled for primary education.
This support the provision of section 8 of the Law of the Child Act in which one among the
duty of maintaining a child is to give him education.

Employment and Labour Relation Act, 2004

Section 5 of the Act has prohibited child labour thus a child under the age of fourteen should
not be employed and a child of fourteen years may only be employed to do light work. Light

28
Section 32 (3)
works include works which are not harmful to the child29. The same is the position in the law
of the Child Act under section 12 and section 77.

REFERENCE

STATUTES

 EMPLOYMENT AND LABOUR RELATION ACT, 2004

 LAW OF THE CHILD ACT,
 LAW OF THE CONTRACT ACT,
 THE CORPORAL PUNISHMENT ACT
 THE EDUCATION ACT, CAP 353
 THE INDIAN SUCCESSION ACT, 1865
 THE PENAL CODE [CAP 16 R.E 2019]

REPORTS

REPORT OF THE COMMISSION ON THE LAW RELATING TO CHILDREN IN

TANZANIA, PRESENTED TO THE MINISTER FOR JUSTICEAND CONSTITUTION
AFFAIRS, DAR ES SALAAM 1994

29
Section 5 of the Employment and Labour Relation Act, 2004