This is a very sensitive area concerning Childs rights and protection, they are also the most vulnerable members of the society as they depend entirely on the adult members of society. It is thus of paramount importance that the lives and welfare of children are protected. In Tanzania Child rights are governed by Law of the Child Act, 2009, section 4 defines a child as any person below eighteen years, further, the law states that in all considerations regarding this child the best interest of the child shall be of a primary Consideration.
Apart from this domestic law, there are also regional instruments for the protection of the rights and welfare of the child. In Africa, there is the African Charter on the Rights and Welfare of the Child, 1990. This is a human rights instrument specific for the African child, stipulating the rights of this child and duties of African states and societies in protecting and promoting the rights. There is controversy, however, over the definition of a child. Different countries define a child differently in their domestic laws. This may be the reason why even the United Nations Convention on the Right of the Child has intentionally avoided providing a clear definition of a child Article 1 of the Convention states that: “For the purpose of the Present Convention, a child means every human being below the age of eighteen years unless, under the law applicable to the child, majority is attained earlier.”