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Constitution of the United Republic of Tanzania 1977

While the Constitution of the United Republic of Tanzania does not directly address abortion,Tanzania does currently maintain restrictive abortion laws. The Constitution does guarantee the right to life (Article 14), human dignity (Article 12), equality and non-discrimination (Articles 12–13), privacy (Articles 16), and freedom from inhuman or degrading treatment (Articles 13). 

Republic v. Nyataigo Mwita @Makende, Criminal Sessions Case 154 of 2023 [2023] TZHC 21826

In 2021, four men went out drinking: Nyataigo Mwita @ Makende, Mr. Petro Juma @ Kisiri, Mr. Petro Juma (Mr. Petro), and Mr. Esami Maitaro (Mr. Esami). It is common practice for men to publicly carry weapons on them in this area. At one point late in the evening, the men began arguing about who was a boy among them, which turned into a physical altercation. During the course of the altercation, one witness reported that Mr. Petro took a panga weapon from the waist of Mr. Petro Juma @ Kisiri and attacked him in the abdomen and head while Mr. Esami was holding Kisiri down.

Zakaria Kamwela & Others v. Minister of Education & Vocational Training & Another, Civil Appeal 3 of 2012 [2013] TZCA 256

The Court of Appeal heard a challenge by students who had been excluded from government secondary schools for wearing the Islamic headscarf (hijab), in violation of a Ministry of Education uniform circular. The students argued that their exclusion violated their constitutionally protected rights to freedom of religion, equality, and access to education under the Constitution of the Republic of Tanzania 1977.

Decision on Communication No. 001/Com/001/2019 concerning Tanzania, African Committee of Experts on the Rights and Welfare of the Child, 2022

Tanzania's Ministry of Education regulations, issued in 2002, reaffirmed by ministerial circular in 2017, required the expulsion of pregnant schoolgirls and prohibited adolescent mothers from returning to school.

Attorney General v. Rebeca Z. Gyumi, Civil Appeal 204 of 2017 [2019] TZCA 348

In the case Attorney General v. Rebeca Z. Gyumi, the founder and director of the Msichana Initiative, challenged the constitutionality of Sections 13 and 17 of the Law of Marriage Act (“the Act”), which permitted girls to marry at the age of 14 or 15 with parental or court consent, while also setting the minimum age for boys at age 18.

Law of Marriage Act, 1971

The Law of Marriage Act (“the Act”) was enacted by Parliament in 1971 and is the primary legislation governing marriage in Tanzania. The Act was designed to consolidate the existing law to recognize all forms of marriage equally; civil, Islamic, Christian, and customary are all within a single statutory framework. Section 13 of the Act specifies the general legal capacity to marry; section 14 sets the minimum age for marriage at 15 years old for girls and 18 for boys, and further provides that a court may, in exceptional circumstances, permit a girl to marry at the age of 14.

Law on Paternity, Maternity, and Filiation, 2012

The Law on Paternity, Maternity, and Filiation establishes the principle of equality of legitimate, natural, adoptive, or other filiations in Haiti, promoting equality between all children, whether born to married or unmarried couples. Filiation gives rise to moral and pecuniary rights and obligations for parents. Any action seeking paternity or maternity will be subject to an order of the Dean.

Decree No. 13 of 2006 Regarding the Organization and Function of the Ministry of the Status of Women and Women's Rights Designated under the Acronym MCFDF, Haiti

Decree No 13 of 2006 organizes and regulates the Ministry of Women’s Affairs and Rights, Ministère de la Condition Féminine et des Droits de la Femme (MCFDF), by recognizing its role in formulating and implementing government policy for gender equality and the advancement of women. The Ministry is empowered to develop and coordinate policies, conduct research, combat discrimination and violence against women, promote women’s participation in all sectors, and ensure the integration of gender perspectives into national policies.

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