Juvenile Justice and Children Protection in Mainland Tanzania

Unbalanced Weighbridge between Victim Children and Children in Conflict with the Law

Authors

  • Mr. Kassian Clemence Mshomba
  • Dr. Damas Daniel Ndumbaro

Keywords:

Juvenile justice, Law of the child, Protecting children victims

Abstract

Juvenile justice has been championed in different disciplines by human rights defenders, activists, politicians, religious people, lawyers and social welfare personnel. Remarkable outcry for children rights was witnessed from the industrial revolution era resulting into international and regional instruments such as the Convention on Rights of the Children and the African Charter on Rights and Welfare of the Children, followed by national legislation. In Mainland Tanzania, children rights paved way to the now repealed Children and Young Persons Act, 1937, the Children Home (Regulation) Act, Cap. 61, the Affiliation Act, Cap. 278, the Adoption of Children Act, Cap. 335 and their respective amendments and subsidiary legislation. In meeting the contemporary needs, the above were replaced with the Law of the Child Act, 2009 and its subsidiary legislation, which largely protect rights of children in conflict with the law with a peanut coverage to rights of victim children in commission of offenses. Such imbalances have caused unfairness in protecting and safeguarding children rights in Mainland Tanzania. This study is a whistle blow in ensuring smooth and equal protection of rights to all children. A critical analysis to the unaddressed rights of victim children has been made towards significant safeguard.

Author Biographies

Mr. Kassian Clemence Mshomba

B (Hons) (University of Dar es Salaam–UDSM), (LLM– International Law with International Relations (Tumaini University Makumira), (PhD Candidate–The Open University of Tanzania), Senior Resident Magistrate and Special Personal Assistant to the Attorney General of the United Republic of Tanzania, an Advocate of the High Court and subordinate Courts, also, a Notary Public & Commissioner for Oaths.

Dr. Damas Daniel Ndumbaro

LL.B, LL.M, (University of Dar es Salam, Tanzania), PhD in Law (The Open University of Tanzania), Legal Researcher, Legal Practitioner [Registered Arbitrator by Tanzania Institute of Arbitrators, Advocate of the High Court of Tanzania and Zanzibar, Notary Public & Commissioner for Oaths], Academician (UDSM and OUT), Member of Parliament of the United Republic of Tanzania (Songea Urban Constituency), Minister for Constitution and Legal Affairs in the United Republic of Tanzania, EX–Senior Lecturer, Post Graduate Coordinator in the Faculty of Law, Associate Dean Faculty of Law and Dean Faculty of Law in the Open University of Tanzania.

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Published

2022-11-01

How to Cite

Mshomba , K. C., & Ndumbaro, D. D. (2022). Juvenile Justice and Children Protection in Mainland Tanzania: Unbalanced Weighbridge between Victim Children and Children in Conflict with the Law . Institute of Judicial Administration Journal, 6(1), 06–19. Retrieved from https://journal.ija.ac.tz/index.php/files2/article/view/41

Issue

Vol. 6 No. 1 (2022): Institute of Judicial Administration Journal

Section

Articles