Child Marriage and Teenage Pregnancy are retrogressive and unacceptable
By Plan International Zimbabwe
Plan International Zimbabwe is concerned by alleged reports of the death of a 14 year old girl in Bocha Mutare while giving birth at an apostolic church shrine.
We are currently verifying the details of the story, establishing its veracity and whether this is a case of statutory rape or rape apart from the death of the young girl.
In the meantime we would like to take this opportunity to reiterate that this scenario mirrors the unfortunate circumstances that some girls find themselves, in many parts of the country because of forced marriages and teenage pregnancy fueled by religious beliefs, negative tradition and cultural practices which place low value and which are underlined by poverty. With low access to sexual and reproductive health rights information and protection services girls in these situations face the risk of severe health consequences when they get pregnant(including) death. In addition, these situations result in missed opportunities for girls to realise their potential, fulfil their aspirations and enjoy their right to education.
Plan International Zimbabwe therefore takes this opportunity to call upon the Government of Zimbabwe, through its various arms to expedite the alignment of laws to the Constitution as this critical in addressing the problem of child marriages and teenage pregnancy. While the Constitution is clear on age of marriage, the absence of specific regulation on child marriage ,disharmony and poor implementation of policies creates a fertile ground for continuation of the unacceptable practice in the country.
The Constitution of Zimbabwe Amendment (No.20) Act 2013 makes it clear in Section 81 that every person under the age of 18 is a child. In addition,section 26 further requires the state to take measures to ensure that children are not pledged in marriage. Section 78 further confers the right to found a family to persons aged at least 18.
As an organisation, we would like to draw the attention of all stakeholders to the Loveness Mudzuru and Ruvimbo Tsopodzi vs Minister of Justice case 20 January 2016. The landmark ruling made by the then Deputy Chief Justice Malaba nullified Section 22 of the Marriage Act(5:11) that allowed children to be married as young as 16.
In this ruling, Section 78 of the Constitution of Zimbabwe was interpreted to mean that no child under18 shall be married in Zimbabwe. This should be the starting point for all stakeholders, especially legislators to ensure that laws that criminalise child marriages as guided by the Constitution are enacted and implemented. We ask that these laws be applied equally to all regardless of religious and traditional beliefs.
Our progressive Constitution has laid a sound foundation for the upholding of human rights for all, including for girls in Zimbabwe.
Plan Zimbabwe is a child centered organisation, implementing programs designed to enable communities to improve the lives of the most marginalized children.
