Abstract

MAGAYA, Isabel  and  FAMBASAYI, Rongedzayi. Giant leaps or baby steps? A preliminary review of the development of children's rights jurisprudence in Zimbabwe. De Jure (Pretoria) [online]. 2021, vol.54, n.1, pp.16-34. ISSN 2225-7160.  http://dx.doi.org/10.17159/2225-7160/2021/v54a2.

This contribution provides an overview of children's rights adjudication in Zimbabwe with a specific focus on emerging jurisprudence under the 2013 Constitution. After a summary of Zimbabwe's performance in implementing children's rights under both international and African regional law, the authors examine how Zimbabwean superior courts have dealt with the protection of children's rights. In order to give a fair assessment, we begin by reflecting on the Lancaster House (LH) Constitution (1980) and the resultant jurisprudence thus shedding light on how courts conceptualised children's rights in the absence of a specific child rights provision in the Constitution. This is followed by an analysis of the emerging jurisprudence under the 2013 Constitution which specifically entrenches children's rights. We focus specifically on cases decided between 2013-2019. A focus on seminal court judgements and how courts adjudicated children's rights will guide the authors in ultimately deciding whether or not Zimbabwean courts have made giant leaps or baby steps in the protection and promotion of children's rights under the 2013 Constitution.

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