Authored By: Natasha Chitundu
The University of Zambia
INTRODUCTION
The legal discourse surrounding children often focuses narrowly on custody disputes between parents, overlooking the broader spectrum of rights and protection afforded to children under modern law. Children are not merely extensions of their parents, but individuals with inherent dignity and rights that warrant protection and promotion. The United Nations Convention on the Right of the Child (UNCRC) and the African Charter on the Rights and Welfare of the Child (ACRWC) have shaped global children’s rights standards. The Zambian’s Children’s Code Act[1] aligns with these international frameworks, recognizing children as full right holders. This article examines the impact of the above mentioned Act on the advancement of children’s rights, contending that the legislation aligns with the above mentioned international instruments and reframes custody disputes by prioritizing the best interest of the child and affirming the child as a full right holder.
THE LEGAL FRAMEWORK ON CHILDRENS RIGHTS
International Legal Framework
The United Nations convention on the Rights of the Child (UNCRC) serves as the primary international legal framework for protecting and promoting the rights of children. The UNCRC is the most widely ratified human rights treaty in history, with 196 countries as parties and Zambia is one of them. This comprehensive treaty establishes a legal framework for protection of children globally outlining civil, political, economic, social, and cultural rights for every person under the age of 18.
Gilding Principles of the UNCRC
The CRC is built on four core principles that guides the interpretation and implementation of all its articles. These core principles include:
- Nondiscrimination, ensuring that all rights apply to every child without discrimination regardless of their background, status, or characteristics, are entitled to equal rights and opportunities[2].
- Best interest of the child, requiring that the best interest of the child should be a consideration in all decisions concerning and affecting children. The emphasis here is that children’s needs and welfare are prioritized[3].
- Right to life, survival and development[4]. This principle requires that every child should access to basic necessities like healthcare and nutrition.
- Respect for views of the child by allowing children to fully express their views freely on matters affecting them[5].
The African Charter on the Rights and Welfare of the Child (ACRWC) was adopted in 1990 by the organizations of African Unity, the ACRWC contextualize global child rights standards within African realities. It emphasizes the protection of a child from harmful cultural practices such as child marriage and genital mutilation[6]. It also recognizes the role of extended families and communities in child development. As a party of both the UNCRC and ACRWC, Zambia is legally bound to harmonize its domestic legislation with these instruments.
National Legal Framework
In Zambia as shown above the substantive law that provides for custody and maintenance of children is the Children’s Code Act[7] which repealed the Adoption Act, Juvenile Act, Maintenance and Affiliation Act. The Act expressly incorporates the UNCRC and ACRWC principles. Section 4 of the Act enshrines the best interest of the child principle as the primary consideration in all actions involving children. Section 6 affirms the child’s right to participation, requiring that the child’ views be considered in proportion to their age and maturity. The Act under section 7 mandates non-discrimination, covering grounds such as sex, disability, ethnicity, and economic status.
Additionally the Act also provides explicit protections against child marriage, female genital mutilation, corporal punishment, and hazardous child labour[8]. It guarantees the right to education, healthcare, and social protection[9]. From the above illustration it clearly shows that Zambia aligns its domestic framework with the UNCRC Articles 19, 24 and 28, as well as the ACRWC provisions.
REFRAMING CUSTODY
The best interest of the child principle
Historically, custody disputes were determined largely in favour of parental claims. Under the new code, however, the child’s welfare takes precedence. Courts are required to consider factors such as the child’s wishes, emotional and educational needs, and cultural background[10]. Mechanisms such as guardian’s ad litem and judicial interviews ensure that children are active participants in decisions about custody and care. This reflects UNCRC Article 12, which guarantees a child’s right to be heard in proceedings affecting them.
Children as Full Right Holders
By recognizing as independent right holders, the Children’s Code Act[11]represents a vital shift in Zambian Law. Custody is no longer viewed as a contest of parental rights but as a process aimed at advancing the child’s dignity and development, this approach reflects a broader global trend towards child centred justice, aligning with General Comment No. 14 of the UN Committee on the Rights of the Child, which interprets the best interests principle as a substantive right, a rule of procedure, and a principle of interpretation[12].
CHALLENGES AND OPPORTUNITIES IN IMPLEMENTING THE CHILDREN’S CODE ACT
Challenges
Despite the progressive framework provided by Zambia’s Children’s Code Act[13], its effective implementation faces a number of challenges. The following are some of the key challenges.
- Lack of Awareness and Enforcement: lack of awareness about the new law and weak enforcement mechanisms, including corruption within the justice system, undermine its protective measures and constitutional guarantees. For instance in Kalomo District, many social welfare officers are unaware of the specifics of the new law, as observed during recent sensitization initiatives[14].
- Persistent Child Exploitation and Trafficking: issues like child trafficking, defilement, online exploitation, and child labour persist due to weak enforcement and other systematic failures[15].
- Inadequate Facilities and Limited Budgetary Allocation: Zambia’s overall investment in child related sectors remains below regional and international benchmarks, with a need to increase and monitor budget allocation for child rights. Many districts lack adequate staff, transport, and infrastructure to deliver child protection services. UNICEF budget briefs show Zambia allocates less than k1 billion to child protection, with no dedicated external funding, which limits reach of programmes[16].
Opportunities
Nevertheless, the Act also creates significant opportunities and these opportunities include;
- Enhanced Coordination Mechanisms: The establishment and strengthening of coordination bodies, such as National Child Protection Committees (NCCC) at national, provincial, and community levels, can improve effective implementation[17].
- Improved Child Legal Framework and Alignment with international instruments: The Code Act provides a unified and progressive framework for children’s rights, harmonizing previous conflicting legislation and defining “child” in line with the constitution. The Code Act also aligns with international treaties on children’s rights. For instance, it makes Zambia the 64th state globally and 11th in Africa to prohibit corporal punishment for children[18].
- Multi-sectorial Collaboration: The under part XVI of the Act[19] it promotes collaborative efforts, and this includes organizations like UNICEF supporting the government in formulating policies and implementing multi-sectorial interventions for child protection.
- Child Participation: Empowering children to know their rights and involve them in budget processes allows for greater participation and ensures that their views inform policy and resource allocation[20]. The Act explicitly enshrines the principle of Childe Participation by guaranteeing children the right to be heard in judicial and administrative Proceedings[21]. This recognition of children as active right holders represents a significant paradigm shift in Zambia law and governance, one that mirrors international standards while encouraging domestic innovation.
CONCLUSION
In conclusion, the enactment of Zambia’s Children’s Code Act constitutes a landmark development in the advancement of children’s rights, bringing local laws in line with global standards. To make a real difference, it’s crucial to implement the law effectively. This requires raising awareness, building strong institutions, and ensuring cultural practices respect children’s rights. By successfully navigating these challenges, Zambia can potentially establish itself as a regional exemplar in children’s rights protection, thereby contributing to the global discourse on child rights.
BIBLIOGRAPHY
Legislation
Children’s Code Act No.12 of 2022 (Zambia)
International Instruments
UN Convention on the Rights of the Child (adopted 20 November 1989, entered into force 2 September 1990)
African Charter on the Rights and Welfare of the Child (adopted 11 July 1990, entered into force 29 November 1999)
Reports and Online Sources
Alliance for Community Action, ‘The Speak Up Youth Fact Sharing: Children’s Code Act Fact Share’ (ACA Zambia, 2023) https://acazambia.org/the-speak-up-youth-fact-sharing-childrens-code-act-fact-share/ accessed 24th September 2025.
United States Department of State, Trafficking in Persons Report: Zambia(2023) https://www.legislation.com/stormfeed/view-rss/3949166/organization/95126/title/2023-trafficking-in-persons-report-zambia.html accessed 25th September 2025.
UNICEF Zambia, Budget Brief: Child Protection 2024 (UNICEF 2024) 2.
UNCRC Committee on the Rights of the Child, General Committee No 14 on the Right of the Child to Have His or Her Best Interests Taken as a Primary Consideration (29 May 2013) CRC/C/GC14.
UNICEF Zambia, ‘UNICEF Commands the Government of Zambia on Enacting the Children’s Code Act’ (Press Release, 14 September 2022) https://www.unicef.org/zambi/press-release/unicef-commends-government-zambia-enacting-childrens-act accessed 25th September 2025.
UNICEF Zambia, Analytical Brief of the 2025 Social Sector Budget (UNICEF 2025) https://www.unicef.org/Zambia/reports/analytical-brief-2025-social-sector-budget accessed 24th September 2025.
[1] Act No. 12 of 2022
[2] Convention on the Rights of the Child (adopted 20 November 1989, entered into force 2 September 1990) CRC Article 2
[3] UNCRC, Article 3:1
[4] UNCRC, Article 6:2
[5]UNCRC, Article 12:1
[6] African Charter on the Right and Welfare of the Child (adopted 11july 1990, entered into force 29 November 1999) Article 21
[7] Children’s Code Act No.12, 2022
[8] Act No. 12 of 2022 (section 28-31)
[9] Act No.12 of 2022 (Sections. 15-19)
[10]Act No. 12 of 2022 (Section 8)
[11] Act No. 12 of 2022
[12] UNCRC Committee on the Rights of the Child, General Committee No 14 on the Right of the Child to Have His or Her Best Interests Taken as a Primary Consideration (29 May 2013) CRC/C/GC14.
[13] Act No. 12 of 2022
[14] Alliance for Community Action, ‘The Speak Up Youth Fact Sharing: Children’s Code Act Fact Share’ (ACA Zambia, 2023) https://acazambia.org/the-speak-up-youth-fact-sharing-childrens-code-act-fact-share/ accessed 24th September 2025.
[15] United States Department of State, Trafficking in Persons Report: Zambia(2023) https://www.legislation.com/stormfeed/view-rss/3949166/organization/95126/title/2023-trafficking-in-persons-report-zambia.html accessed 25th September 2025.
[16] UNICEF Zambia, Budget Brief: Child Protection 2024 (UNICEF 2024) 2.
[17] UNICEF Zambia, ‘UNICEF Commands the Government of Zambia on Enacting the Children’s Code Act’ (Press Release, 14 September 2022) https://www.unicef.org/zambi/press-release/unicef-commends-government-zambia-enacting-childrens-act accessed 25th September 2025.
[18] Alliance for Community Action, ‘The Speak Up Youth Fact Sharing: Children’s Code Act Fact Share’ (ACA Zambia, 2023) https://acazambia.org/the-speak-up-youth-fact-sharing-childrens-code-act-fact-share/ accessed 24th September 2025.
[19] Act No.12 of 2022 (Sections 257-269).
[20] UNICEF Zambia, Analytical Brief of the 2025 Social Sector Budget (UNICEF 2025) https://www.unicef.org/Zambia/reports/analytical-brief-2025-social-sector-budget accessed 24th September 2025.
[21] Act No.12 of 2022( Section 10 (2)(C) )
