Child right

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The case is about the Child right, where by Rebeca Z. Gyumi tried to challenge constitutionality of section 13 and 17 of the Law of Marriage Act, cap 29 R.E 2002 as it allow the female person to get married at the age of 15 years and a male person to get married only upon attaining the age of 18 years, obviously this was like early marriage taking place to female person because as other laws like law of the child right, convention on the rights of child and others laws indicates that a child is any person below the age of 18 years,  so Rebeca Z. Gyumi was protecting child right.
Law of the Marriage Act, cap 29 R.E 2002
Constitution of the United Republic of Tanzania of 1977.
Convention on the rights of the child
Equality
In Article 12 (1) of constitution of the United Republic of Tanzania of 1977 as shows that everyperson are equal, in our case we noted that equality was a matter because there was an absence of equality to both boys and girls in provision of section 13 an 17 of Law of the Marriage Act where it indicate that to female person to get married at the age of 15 while male person at the age of 18, which means it was not equal and fair because both are below the age of 18 known as child.
Non-discrimination
In Article 13 (1) of constitution of the United Republic of Tanzania of 1977 which shows that every person should not discriminate in any means of life, and to our case we noted that due to the provision of section 13 and 17 of the Law of the Marriage Act female person were discriminated in a way of being indicated that 15 years was the maximum age for them to be married and for male person at the age of 18 years, while both are child.
The part that the court rule in favour was Rebeca Z. Gyumi side because Attorney General was not satisfied with the decision made at the first time which led him to appeal the case.
The main decision of the court in the case was concluded that section 13 and 17 of Law of the Marriage Act was unconstitutional and are no longer serving any useful purpose.


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