Today is

Sunday, August 28, 2011

Appropriate Penal Sanctions and Legal Implication of Enforcement of the Child Law in Tanzania

Introduction

Based on the socio-economic situation in Tanzania, the action in monitoring, reporting, and compliance on the law are important to achieve the total development of the country. This kind of turning action plan will include the participation of the authorities and will play the central and immediate role in providing the effective protection and relief among the children. Therefore, it is also necessary that all actions that will be taken are designed in the country level that will support and complement that protection and rehabilitation of the children in the country.

Background and Problem Statement

Through the adoption of several legal instruments, the most important is highlighting the protocol that will promote the rights of the children and will protect the children against the violence and conflicts. This proposal was urged by the recognized increase in number of civilian victims and mostly is composed of children. Every year, many children are adding to the problems which may turn to increase the violent conflicts, not only in Tanzania but in other regions of Africa. The continuous rise of irregularities in the societies resulted to the rape and delinquency of the children. At a very young age, a child can be also influenced to be aggressive and promote the violence in the society. The worse, a phenomenon of child soldiers could be seen in the African countries that are identified suffering from armed conflict. As an answer, all of the actions undertaken by the United Nations (UN) are expected to be supported by the country. However, what is the concreted and comprehensive approach that can be used in Tanzania in its implementation of Child Law and resolving the root causes of the problem?

Research Aim and Objectives

The main aim in the study is to investigate the appropriate approach concerning the penal actions and legitimate sanction in the enforcement of Child Law in Tanzania. In order to facilitate this investigation, there are three objectives that need to be addressed. First is to identify the constitutional contribution or the legal bodies and their associated policies regarding the idea of Child Law. Second is to identify the weaknesses of the policy and note the failures in its enforcement. And third is to draw recommendations that will reduce its weaknesses and will add to its strengths as a policy.

Literature Review

Despite the progress in some areas of Tanzania, still there is a continuous report regarding the abuse and maltreatment for children. The continuous rise of violence and conflict has been the most alarming incident in which many children are involved. Although there are many social works concerning the children and the implementation of concrete measures and initiatives, the effectiveness is yet to be found. The policymakers are hoping the implementation of appropriate sanctions in the non-compliance of the Child Law. It is also anticipated that the grave violations will be monitored and include the scenarios of child labor in the country. However, in order for a law to succeed, the objectives must exist and with the necessary pre-conditions regarding the economic, political, and legal environment. All of these requirements will allow the rules to be enforced and obeyed. With the help of a clear government policy about the objectives and the means in achieving them, the authorities will capture the compliance of the society. The enforcement of Child Law is a manifestation that the government is paying attention in the participation of children in the society and care for their future. The formation of the law can be a good reference in the effective compliance and enforcement; however, it should depend heavily in developing the other related laws and promoting the socio-economic capabilities. In this case, the problems in the implementation and promotion of the laws should be addressed to provide the continuous development of legislation.

Methodology

The suggested method in the study is the use of comparative case studies. The purpose of using the method is to gain the essential ideas that will contribute in the formulation of appropriate approaches in the enforcement of Child Law. Through examining the methods of enforcement of Child Law in other countries, the study can analyze its effectiveness and the ability to maintain the level of law all over the country. This will also gives rise to the methods in reducing the conflicts and promotion for the bright future of the children, as well as the total growth of the country.

References:

Law On Execution of Penal Sanctions [Online] Available at: http://www.unmikonline.org/regulations/2004/re2004_46.pdf [Accessed 17 August 2010].

Mailingi, W.M., (2008) Social-Economic Problems Experienced in Compliance and Enforcement in Tanzania, 4th International Conference on Environmental Enforcement, 3(2) [Online] Available at: http://www.inece.org/3rdvol2/masiligi.pdf [Accessed 17 August 2010].

Security Council (2005) Security Council Reiterates Strong Condemnation of Use of Child Soldiers [Online] Available at: http://www.un.org/News/Press/docs/2005/sc8319.doc.htm [Accessed 17 August 2010].

No comments:

Post a Comment