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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Rights of children born out of wedlock and the laws in Tanzania: efforts toward compliance with human rights instruments?
Author:Kennedy, Gastorn
Year:2010
Periodical:Journal of African and international law (ISSN 1821-620X)
Volume:3
Issue:1
Pages:147-163
Language:English
Geographic term:Tanzania
Subjects:illegitimate children
legal status
children's rights
legislation
Abstract:The enactment of a single Act on children's rights in Tanzania would repeal a plethora of laws on children and amend several other laws, hence creating a single-source approach to children's rights. The author outlines the concept of equality before the law and its embodiment in the Constitution of the United Republic of Tanzania, 1977. With this in mind, he examines the Bill for the Law of the Child Act, 2009, from the position of children born out of wedlock and particularly how their concerns are addressed. He compares the Bill with international human rights instruments. Three rights are examined: the right to inheritance, maintenance and registration at birth. In all three cases, under existing Tanzanian legislation, children born out of wedlock have limited or fewer rights compared to their counterparts born within wedlock. Such practices, though supported by customary law and religious laws, are discriminatory and contrary to the international human rights instruments relating to children. The proposed Child Act has a non-discrimination clause and has tried to improve the position of children born out of wedlock. However, at least two issues still need to be addressed: the position of childen born out of wedlock by Muslim fathers with respect to inheritance, and the conflict of laws on registration of a child. Notes, ref. [ASC Leiden abstract]
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