Incorporation of Child Natural Rights in the Constitution: Comparative between Tanzania and South Africa

Abstract

This paper discuses the child fundamental natural rights as enshrined in the Constitutions of the United Republic of Tanzania and South Africa with a view of encouraging the Constitution of Tanzania to incorporate in its Constitution overtly the natural child rights protection. The term ‘Human Rights’ is dynamic concept and it endeavours to adapt itself to the needs of the countries and their people. Mathur (1996) provides that, these rights are sometimes known as basic rights, fundamental rights, natural rights, or inherent rights. The child rights are required to be incorporated in the constitution. The Constitution of South Africa at article 28 recognises and protects the rights of all people including the child. However, the Tanzania constitution has not incorporated such child human rights. Therefore, it is here appealed that, the Tanzania Constitution has to incorporate the rights of the child in it constitution to provide adequate protection of child rights as it has been done by the Constitution of South Africa.

Keywords: Tanzania; South Africa, Constitution, child rights, human rights, inherent rights.