Child Poverty in Mozambique. A Situation and Trend ... - Unicef

The Five Year Plan 2005-2009 commits the Government to reforming Mozambique’s
legal framework for the protection of children, as well as to strengthening the
institutions charged with enforcing the law and protecting the rights of children
(RM 2005a: 44). This commitment is reaffirmed in PARPA II, which prioritises
strengthening of the legal and institutional framework for the protection of children
and development and consolidation of social protection for the most vulnerable (RM
2006b). The National Action Plan for Children 2006-2010, approved in March 2006
by the Council of Ministers, includes specific objectives, drawn from line Ministries
sectoral plans, to increase protection for children 77 and support children at risk of
social exclusion. This latter objective focuses on integrating orphans and abandoned
children into families (MMAS 2005c). 78
The Family Law defines new legal standards for parental responsibilities,
guardianship, adoption of orphans and destitute children and inheritance rights. It also
increases the legal age of marriage without parental consent from 16 to 18 years of
age and with parental consent from 14 to 16 years of age (RM 2003). 79
The 2004 legal review identified that:
• Important areas of international law have not been integrated into national
law. Inconsistencies between national law and Mozambique’s international
commitments have also been noted by the Committee on the Rights of the Child
(CRC 2002: para. 11)
• The legal framework for children remains fragmented. Relevant laws exist in
different legal codes that are not easily accessible to those charged with their
implementation
• Many laws were drawn up during the colonial period and fail to reflect the social,
economic, political and cultural realities of contemporary Mozambique
• Customary law is a vital aspect of Mozambique’s legal regime and forms part
of the fabric of children’s daily lives. It is not, however, always consistent with
national laws or the principles of international human rights instruments ratified
by the Government. Evidence from a number of case studies documents the
failure of customary law in areas such as sexual abuse to protection or redress
for children. 80 Where it is in conflict with international human rights principles,
customary law should be limited or amended in order to protect children (Sloth-
Nielson and Gallinetti 2004: 33).
The legal review also drew attention to the following issues:
• Inheritance laws. When parents die, children often do not inherit their parents’
estate. This results from provisions in customary law, or legal administrative
barriers such as lack of birth certificates and can have huge consequences for the
survival and development of orphans. While the administration of the estate of
the child has been covered adequately in the Family Law, the law is insufficient
in defining and conferring in procedural terms how children can inherit intestate
77 Objective 1; assure the civil rights, security and protection of children (MMAS 2005b: 21).
78 Objective 7; guaranteeing assistance to children at risk of social exclusion, focusing on integrating orphans and abandoned children into
families and communities (MMAS 2005b: 41).
79 The Family Law was approved by the Assembly of the Republic on 09 December 2003. It replaces elements of the Civil Code dating to the
colonial era. Beyond enhancing child protection, the law strengthens the rights of women in both official and customary law marriages.
80 For example, a 2004 study by UNICEF and the Ministry of Youth and Sports found that sexual abuse in schools was resolved through
discussion between parents and teachers, often resulting in the payment of a fine to the parents. Cases of abuse were not usually reported to
authorities (UNICEF and Ministry of Youth and Sport 2005).
CHILDHOOD POVERTY IN MOZAMBIQUE: A SITUATION AND TRENDS ANALYSIS
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