The rights of children born out of wedlock are safeguarded by international human rights law and various national legal systems to ensure their well-being, dignity, and equality. The Government of the United Republic of Tanzania has made commendable strides to uphold these rights, ensuring that every child receives the support and care they deserve from their parents or guardians.
International standards and laws emphasize the principle of non-discrimination, mandating that all children be treated equally, regardless of their parents’ marital status. Consequently, national legal frameworks ensure that children born out of wedlock have the same legal rights as those born to married parents.
These principles are embedded in the Constitution of the United Republic of Tanzania of 1971 and the Affiliation Ordinance of 1949, which regulate laws concerning the maintenance of non-marital children. Furthermore, Tanzania has ratified key international human rights instruments, including the United Nations Convention on the Rights of the Child (1989) and the African Charter on the Rights and Welfare of the Child (1990), along with the Law of the Child Act.
Through these laws, children in Tanzania can access rights such as:
- Parental care
- Nationality
- Identity inheritance
- Protection from stigma
- Child maintenance, custody, and guardianship
Despite this legal framework, children born out of wedlock face significant challenges. Many endure societal stigma rooted in cultural and religious beliefs. There is also notable resistance to enforcing maintenance orders, especially when paternity is disputed. In rural areas, customary and religious laws often conflict with statutory regulations, complicating matters further for these children and their families.
To address these issues:
- Raise public awareness to combat stigma and discrimination.
- Enhance legal aid services to empower single mothers and their children to assert their rights.
- Harmonize customary practices with statutory laws to protect children’s interests effectively.
By uniting efforts, we can create a society that truly values and protects every child’s rights and dignity.
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