Abstract:
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.
