THE UNITED CHURCH OF ZAMBIA

NJASE GIRLS’ SECONDARY SCHOOL

APRIL HOLIDAY SCHOOL – 2021
CIVIC EDUCATION NOTES

TOPIC 1: RIGHTS OF A CHILD

SPECIFIC LEARNING OUTCOMES
 Describe Children’s Rights.
 Describe the four principles of the United Nations’ Convention on the Rights of a Child (UNCRC).
 Discuss the provision of the UNCRC and the two optional protocols.
CHILDREN’S RIGHTS ARE HUMAN RIGHTS
A separate Human Rights Instrument for children does not mean that children’s rights are different from Human
Rights. Children’s rights are Human Rights and are derived from the same Universal Declaration of Human
Rights (UDHR), except that the conventions rights have been drawn up specifically to address the children’s
human rights situations. A child is entitled to special care and protection.
WHO IS A CHILD?
The convention defines a child as every human being below the age of 18 years. It recognizes that children
require special care and assistance. It asserts (emphasises) the role of the family in children’s lives. It also
identifies the child’s experience of childhood as being largely determined by the care and protection they
receive from adult, society, and state.
Therefore, Children’s Rights can be described as lawful claims that persons below the age of 18 years expect
from the society. In other words, they are those rights which are enjoyed by persons below the age of 18 years.
REASONS FOR A SEPARATE HUMAN RIGHTS INSTRUMENT FOR CHILDREN
 Children experience discrimination and therefore need special protection under International Law.
 Children are individuals with equal status as adults.
 The highest level of development of any society can only be attained within the healthy and active
participation of children
 Children become dependent only with the help of adults which makes them vulnerable as they are more
sensitive to social conditions of society.
 Children are more affected by Government’s actions and policies than any other group.
 Mostly children have limited access to complaints mechanisms of any legal system.
 Children are more vulnerable to exploitation and abuse because of their physical, emotional.
 Children are a safeguard of humanity without whom humans will become extinct. Consequently, when
children are neglected, it is at the country’s own harm.
THE FOUR (4) PRINCIPLES ON THE UNITED NATIONS’ CONVENTION ON THE RIGHTS OF A
CHILD
The United Nations Convention on the Rights of the Child was adopted by the United Nations on 20 th November
1989 and entered into force in 1990. It is based (founded) on the following four (4) general principles:
1. The best interest of the child - All adults must do what is best for children. This entails that when
adults make decisions, they should think about how their decisions will affect children.

2. Non-discrimination - The convention applies to all children, whatever their race, religion, or abilities,
whatever they think or say, whatever type of family they come from. No child should be treated
unfairly on any basis.

3. Survival and development - Children have the right to life. Therefore, Government should ensure that
children survive and develop healthily. Developmental rights include provisions for education, access
to information, play and leisure, cultural activities.

4. Participation -When adults are making decisions that affect children. Children have the right to say
what they think should happen and have their opinions taken into consideration.

PROVISIONS OF THE UNITED NATIONS’ CHILDREN’S RIGHTS CONVENTION (UNCRC) AND

THE TWO (2) OPTIONAL PROTOCOLS
The UNCRC is composed of 54 articles/provisions with two (2) Optional Protocols. The following are some of
the provisions:
i. The right to have a name and nationality – Every child is entitled to a name, nationality and
has the right to know her/his parents and to be cared for.
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 ii. Freedom of thought, conscience, and religion – Children are free to think and believe what
they want and to practice their religion. However, parents have a duty to guide their children
in these matters.

iii. Right to Privacy, Honour, Reputation – This right is for the protection of his or/her privacy,
family, home, unlawful attacks on his or her honour and reputation.

iv. Non-Separation from parents – This right ensures that if the child is separated from his or
her parents, he or she has the right to keep contact with his or her parents.

v. The right to Health and Health Services – Children have the right to good quality health
care, safe drinking water, nutritious food, clean and safe environment.

vi. Right to Education – All children have the right to a Primary Education which should be
free. The School environment should be conducive for learning in a free and friendly
atmosphere.

vii. The right to place and recreation – Environments should recognize the right of the child to
rest and leisure, to engage in play and recreational activities appropriate to the age of the child
and to participate freely in cultural life and arts.

viii. Protection from child labour – This is the right of the child to be protected from economic
exploitation and from performing any work that is likely to be harmful to the child’s health or
physical, mental, moral, or social development.

ix. Protection from sexual exploitation - Children should be protected from all forms of sexual
abuse example defilement.

x. Children with disabilities – This right provides that a disabled child has the right to special
care, education, and training to help him or her full and decent life

xi.Parental responsibility – This provision gives both parents joint primary responsibility for
bringing up their children and should always consider what is best for each child.
THE TWO (2) OPTIONAL PROTOCOLS
I. The First Optional Protocol prohibits the sale of children, child prostitution and child
pornography.

II. The Second Optional Protocol prohibits the involvement of children in Armed Conflicts. It
ensures that persons below the age of 18 are not compulsorily recruited into Armed Forces.

ROLE OF THE GOVERNMENT IN FULFILLING THE RIGHTS OF THE CHILD

1. Obligation to respect:
It requires government to stop doing anything that would interfere with a person’s enjoyment of their
rights or hinder their ability to satisfy those rights by their effort regarding children’s rights

2. Obligation to protect:
It requires the state to prevent the violation of human rights by the people. The government does this
by putting in place laws that protect persons.

3. Obligation to fulfill:
This type of obligation includes the obligation to facilitate, promote and provide. It places an
obligation on the government to take steps to ensure the realization of human rights through the
adoption of laws and other measures such as provision of education.

END OF TOPIC 1

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 TOPIC 2
FAMILY LAW
SPECIFIC LEARNING OUTCOMES
 Describe family and marriage.
 Describe types of marriages in Zambia.
 Explain the elements of Family Law.
 Assess the effects of separation, divorce, and death on the family.

DESCRIPTION OF FAMILY AND MARRIAGE.

a) FAMILY:
A Family is the smallest unit in a society which comprises of persons related by blood or marriage.
There are four (4) types of families in Zambia.
(i) A nuclear family – A group of persons consisting of a man, his wife, or wives in case of
polygamous marriage and their children.
(ii) An extended family – that consists of not only a man, his wife or wives and their children
but also grandparents, uncles, aunties, nieces, nephews, cousins, in-laws, and
grandchildren.
(iii) A single headed family – that consists of a single parent and children. This can be because
of divorce or being widowed.
(iv) Child headed family – is a new type of a family that has emerged in Zambia mainly
because of the COVID ‘19 or HIV/AIDS pandemic that has claimed lives of many adults
leaving children to bring themselves up (as double orphans).

b) MARRIAGE:
Marriage is a legal union of a man and woman as husband and wife; thus, it is a contract that creates
the social status of husband and wife, based on rights, obligation, capacities, and incapacities.
 Rights: are entitlements a wife or husband enjoys in the marriage. In a traditional set up,
a husband has the right to be looked after while a wife has the right to be provided for by
the husband. However, a couple can make their own rights.
 Obligation: are duties that a wife or husband performs in the union such as each spouse
has the duty to take care of and protect the other spouse.
 Capacities: are abilities or capabilities which the spouse brings to the union. A wife
brings the ability to conceive and bear children for the union while the husband can
provide the material needs for the family.
 Incapacities: are the inabilities or incapability’s that each spouse brings to the union. For
example, an uneducated and unskilled woman may be unable to neither earn a living nor
provide.
However, the rights and obligations in marriage do not depend on the couple alone but depend on the law of the
contract. In the event of death of one spouse, the type of marriage entered will dictate how the surviving spouse
will inherit the property of the deceased (dead).

DESCRIPTION ON THE TYPES OF MARRIAGE IN ZAMBIA

In Zambia, there are only two types of marriages that are recognized by law. These are Statutory and Customary
marriages.
1. Statutory Marriage (civil marriage) is a voluntary union of one wife and one husband (monogamous
marriage) for life and excluding all others. It is illegal to transform or convert a statutory marriage to a
customary marriage. For one to enter a statutory marriage, one must consider the following:
a) Take out a notice of marriage:

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 This is a notice of the couple’s intention to marry made on a prescribed form to the Registrar of
Marriages at the Local Council Offices. The notice will be published outside the Registrar’s office
for 21 days. At least one of the parties intending to marry should be a resident within the district
registered under for at least 15 days before the marriage ceremonies. After 21 days, the marriage
will be solemnized (celebrated) by a Pastor, Licensed Priest or Marriage Registrar. During the
period of notice, any person can stop the marriage if there is a good reason for the couple not to
marry, by writing the word forbidden and giving reasons, in the marriage notice book.

b) Marriage Payment:
The Marriage Act does not stipulate any payment of any kind unless the individual concerned just
wants to observe the customary ritual of marriage payments. Most Zambians intending to marry
observe the traditional ritual of marriage payment commonly known as Lobola.

c) Age:
Under the Marriage Act, parties intending to marry should be 21 years of age. If any of the parties
is below 21 and above 16 years, he or she needs a Letter of Consent from his or her parents or
guardians. This is a written permission and blessing from the parents or guardians, filed together
with an affidavit (sworn statement) at the High Court.

d) Relationship:
The two should not be related to each other either by blood or marriage. The relationships which
are prohibited by law to enter marriage are known as prohibited decrees.

e) Solemnisation of Marriage: This is when the actual wedding is performed following the laid
down ritual such as:
 Taking vows - Each of the parties publicly declaring that he or she has agreed to wed the
person that they are standing next to by saying this aloud and mentioning all the names of the
person.
 exchanging offerings
 signing the Register
This should occur in a room with open doors between 08:00hrs and 18:00hours and there should
be at least two witnesses to sign the Register and certificate, together with the official performing
the ceremony and the couple.

f) The Marriage Certificate: This is the evidence of marriage and a copy of which is kept by the
Registrar and the other by the couple. The marriage is registered in the Marriage Register kept at
the Local Council which can be inspected by anyone upon paying a search fee.

2. Customary Marriage is the marriage contracted under customary practices. This marriage may not be a
union of one man one woman, in the case of polygamy. The union may not be voluntary as in a civil
marriage because one may be compelled to marry a person chosen by relatives. It is governed by customs
and traditions, which are usually a process with a series of ceremonies leading to marriage. Some
requirements in a customary marriage include:
a) Consent: This is when the parents or guardians of the woman getting married give permission for
her to marry and when the person getting married agrees to marry.
b) Marriage Payment: This is anything valuable paid to the guardians or parents of the woman
[bride to be] by the bridegroom, as recognition of the marriage. This can be a token, sum or a
substantial amount depending on the ethnic group.
c) Spouses: The parties to the marriage should be male and female. The female should be single,
divorced or widowed but the male may already have one or more wives. The man should have the
ability to provide for the family.
d) Relationship: The persons intending to get married should not be closely related by blood or
through marriage, although in some ethnic groups, cousins can marry.

OTHER ‘MARRIAGES’ THOUGH NOT RECOGNIZED UNDER ZAMBIAN LAW.

A. Religious Marriage:

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 This is the marriage solemnized or performed in church by the clergy. The marriage solemnized in church
should be followed up by a registration at either the Civic Centre or Council Offices under the Marriage Act
or at a Local Court under the Local Court Act. However, some church and clergymen have been given
license under the Marriage Act to perform civil marriages.
If a couple wants their marriage to be at a Church, notice is given of the impending marriage through
marriage banns. Marriage banns are announcements that are made in a church of the couple’s intention to
marry. Church members are asked to inform the priest in confidence for the couple not to marry if they have
concrete reasons. A copy of the marriage certificate should be sent to the registrar of marriages of the
district to be recorded in the marriage register.

B. Cohabitation: This is a marriage where the parties concerned decide to live together on their own without
consent by their parents or guardians and without following any rituals performed either in a customary or
civil marriage and later the society recognizes the couple as husband and wife. They may even have
children together and grandchildren, but their marriage will not be recognized under the law and will be
referred to as a void marriage and the couple no matter how long they live together will just be cohabiting.

VOID AND VOIDABLE MARRIAGE

I. Void Marriage: This is the kind of marriage without legal standing right from the beginning. It is null
and void. Some reasons for a void marriage:
o Lack of parental consent.
o Non-publication of vows in church.
o If the man is under 21 years old.
o If the female is under 21 years and above 16 years without the consent of the parents or
guardians.
o Prohibited decrees of marriage.

Any party to a void marriage may not be guilty of bigamy if he or she marries before divorcing the so-
called ‘first wife’ or ‘husband’, because the marriage was not right from the start. Bigamy is marrying
another person while still legally married to someone else.
II. Voidable Marriage: is one that is initially valid, which means had a legal standing, until it is
invalidated by the court of law. Some reasons for invalidation of a marriage by the court of law
include:
 If the child born is not the husband’s child.
 If the spouse has contracted sexually transmitted disease from elsewhere not from the spouse.
 If the marriage is not consummated due to impotence. Consummation in marriage means
making marriage valid (complete) by having sexual intercourse.
 Wilful refusal to consummate the marriage by any party.
 Mental disorder of any of the parties.

EXPLAINATION ON THE ELEMENTS OF FAMILY LAW.

The elements of family include:
 Marriage (as explained above)
 Divorce
 Property settlement (sharing)
 Maintenance of spouse and children within and after marriage.
 Custody of children after dissolution of marriage
 Adoption of children
 Legitimacy of children
 Succession.
 Inheritance of property.

 DIVORCE:
It is the dissolution of marriage which is done in court. Under the law, marriage cannot be considered for
divorce, until the court handling the case is satisfied, that a marriage had existed.

DIVORCE UNDER STATUTORY MARRIAGE

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 According to the Matrimonial Causes Act of 1973, there is only one ground for divorce, which is that ‘the
marriage has broken down irretrievably.’ This means that the marriage cannot be saved or redeemed
using any other means, which can arise out of the following reasons:
 Adultery, which should be proved with the third person known and named.
 One or both married persons conduct themselves in unreasonable behaviour, Cruelty or
violence that makes it impossible for the other partner to live safely.
 If one partner disserts another for a period of two years, then there is sufficient ground for
divorce.
 Separation with consent of the couple for two years.
 Living apart for a continuous period of five years.
Note: a petition for divorce can only be filled in the high court after one year of marriage. Before one
year, it will not be a divorce but an annulment. The lawyers handling the case should verify whether
they tried to reconcile the couple during the period of separation. A Decreolises a temporary divorce
certificate given to a couple and after six weeks, a Decree absolute (permanent divorce certificate) is
granted provided the court is satisfied with the arrangements made for the children.

DIVORCE IN CUSTOMARY MARRIAGE According to the Matrimonial Causes Act of 1973,

divorce under a customary law will take place depending on the Custom the couple was marriage
under. Some of the payments may be returned to the husband’s family and it is expected under the
customary law that it is the man who divorces the wife and not vice versa. In a customary law, divorce
can be done by the two families meeting together and marking the decision or either party can sue the
spouse for divorce in the Local court. Causes acceptable as grounds for divorce in a customary
marriage:
 Adultery of the wife (which does not need to be proved).
 Cruelty
 Laziness on the part of the wife
 Bad relations with the in – laws
 Infertility
 Lack of maintenance by the man.
 Desertion.

 PROPERTY SETTLEMENT (SHARING):

 After a divorce in a customary marriage the woman usually gets some form of compensation to
allow her start life afresh.
 In a civil marriage the property is shared by the Deputy Registrar’s court in the situation where one
contributed to the earning of the union, he or she will be entitled to a third (1/3) of the total wealth
of the couple.
 If both spouses contributed to the earnings of the couple, the property will be shared at a 50-50
basis.

 MAINTENANCE OF SPOUSE AND CHILDREN WITHIN AND AFTER MARRIAGE:

 Both within and after divorce, a spouse has a duty to maintain his or her life partner.
 Under customary law, after divorce, a spouse is duty bound to maintain his or her partner for a
maximum of three (3) years or until he or she remarries which even happens earlier.

 CUSTODY OF CHILDREN AFTER DISSOLUTION OF MARRIAGE:

 When awarding custody, the ages and needs of children are taken into consideration.
 Usually, the court gives custody to the mother if the children are noticeably young. However, the
father will provide maintenance.

 ADOPTION OF CHILDREN.
Under the Adoption of Children Act, the courts have been given power to grant an order to adults
requesting to adopt a child. The Act has listed the categories of persons eligible to adopt children, as
follows:
 A couple jointly wanting to adopt an infant (an infant is a child less than 7 years old)
 A mother or father of the child either along or jointly with his or her present spouse. This
means that if a person has a child or children then remarries and the new partner wants to
formally adopt the children from the former marriage, he or she or together can apply to
adopt the children
 A person who has reached the age of 21 years old and is a relative of the infant.
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  Both the infant or child and the person applying for adoption should live in Zambia.
 The infant has been looked after by the applicant continuously for at least three (3)
months before the date of the application.
 The person intending to adopt notifies the Commissioner of the intention to adopt three
(3) months before the application.
 In case of a couple, both or one of them should have attained the age of 25 years old and
is at least 21 years older than the infant.
However, the law forbids adoption if:
o Adoption of a female infant by a male applicant on his own unless there are
special reasons for doing so.
o Adoption of an infant who already has parent (s) or guardian or anybody
providing maintenance.
When granted the adoption should be registered with the Register who records the details in the Adoption
Children’s Register.
 LEGITIMACY OF CHILDREN
 Based on the United Nations Convention on the Rights of the Child 1989 (UNCRC) new laws
have equalized the position of children born outside marriage to those born in wedlock.

 SUCCESSION
 Succession when death occurs in a family is usually defined by traditional names and customs of
the ethnic group that family belongs to. For example, the Bemba’s trace their lineage through the
mother (Matrilineal), therefore, when a Bemba person, chief or headman dies, his sons are not
eligible to succeed him but one of his nephews would succeed him. A complete opposite in the
case of the Ngoni.

 INHERITANCE OF PROPERTY.
 In Zambia today the inheritance of property is provided for in the Testate and Intestate succession
Act of 1989.
I. Testate Succession: deals with inheritance of property of a dead (deceased) who left a will. A
Will is a declaration, normally in writing, stating how a person wants his or her property
shared or distributed in the event of his or her death.
KEY TERMS IN THE TESTATE SUCCESSION ACT
o Testator (male) or Testatrix (female) is the person who made the will.
o An oral will can also be valid if it is made in the presence of two witnesses not
beneficiaries to the estate.
o Intestate succession is when some dies without living a will living a will behind or
someone who has left a will but is nullified by the court.
Property is defined as a person’s items of clothing, articles of personal use such as vehicles,
bicycles, furniture, appliances, utensils, boat, livestock, agricultural equipment, books, and
money.

II. Intestate Succession: This is the Act used to distribute the property of the deceased who did
not leave a will or someone who has left a Will but that Will, is nullified by the courts of law.
The distribution is done as follows:
o 20% of the estate goes to the surviving spouse.
o 50% of the estate will be distributed to the children both in and outside wedlock.
o 20% will go to the parents or guardians.
o 10% will go to dependants in equal proportions.

ASSESSMENT ON THE EFFECTS OF SEPARATION, DIVORCE AND DEATH ON THE FAMILY.

The following are some of the impacts on the Spouse, Children, and Extended family due to the separation,
Divorce, and Death in the family:
 Children lack parental guidance and care
 Children resort to substance abuse and prostitution
 Girls enter early marriages at the expense of education

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 Loss of family ties
 Increase in the number of street kids
 Increase in the spread of HIV and AIDS
 Increase in juvenile delinquency
 Disruption children’s education
 Children grow without parental love

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