CJ reminds judges on children’s privacy

FAUSTINE KAPAMA

CHIEF Justice Professor Ibrahim Juma has directed judges, magistrates and all officers within the judiciary to take all necessary measures to protect the welfare and dignity of children and sexual offence victims.

The CJ issued the directive at the just ended journalists' training on court reporting in Morogoro where several motions on Media Ethics, Media Services Act and its Regulations, Principles of Journalism and Tenets of Communications were discussed.

Other motions deliberated on at the five-day training session that attracted about 30 participants from different media houses include Principles, Essence and Practice on Court Reporting, Criminal and Civil Trials, the Road to E-Judiciary, Court Structure, Case Management and the Fight against Corruption.

In his Circular No. 2 of 2018 to all Judges in Charge of the High Court (all divisions), Chief Registrar, Court of Appeal Registrar and Resident Magistrates in Charge at Resident Magistrates and District Courts, the CJ cited the Child Act, 2009, which was enacted to protect and maintain the child's welfare in Tanzania.

He pointed out that section 33 of the Act prohibits the publication of any information or photograph that may lead to the identification of a child in any matter before the court unless with prior authorisation of the court.

Professor Juma further explained that section 76 outlaws the publication of advertisement containing information that will disclose the identity of the parent or guardian of a child desired to be adopted, or of the person desiring to adopt a child or a person willing to arrange for the adoption.

"Judges and magistrates when composing their decisions are directed to use pseudonyms designed to preserve and protect (the children's and rape victims of) their respective privacy and dignity," the head of the Judiciary explained.

The arrangements, he said, will be to comply with both the requirements of the law and the need to protect the dignity of the children in any matter before the court; of children involved in the proceedings of sexual offences as victims or witnesses and of victims of sexual offences of whatever age.

"The protection and preservation of the dignity of persons mentioned in this direction shall extend to keeping and maintaining all documents in a secure place, to prevent any access by any person who does not have reason to know their contents," the chief justice further ordered.

According to him, no unauthorised person shall have access to any document which is likely to disclose the name or any information concerning children having any matter before the court or involved in the proceedings of sexual offences either as victims or as witnesses.

The CJ mentioned other protected documents as that involving victims of sexual offences of whatever age and, or parents or guardians in the adoption proceedings.

"Protection of identities under this Direction shall extend to ensuring that the names or information concerned is not disclosed to the mainstream media or to the social media," he ordered.

Prof Juma has also directed courts to take further care to ensure that other small details like the addresses or the names of their former schools do not lead to the disclosure of the identities of the persons protected under his Direction.

"Judges and Magistrates shall ensure that abbreviations they use as pseudonyms do not in any way lead to the identification of the protected persons," he conclusively directed.

According to various international organisations, notably the United Nations Children's Fund (UNICEF), the child protection systems are a set of usually government-run services designed to protect children and young people who are underage and to encourage family stability.

It is a system that comprises a set of laws, policies, regulations and services needed across all social sectors, especially social welfare, education, health, security and justice to support prevention and response to protection-related risks. The systems are part of social protection and extend beyond it.

At the level of prevention, their aim includes supporting and strengthening families to reduce social exclusion and to lower the risk of separation, violence and exploitation.

Responsibilities are often spread across government agencies, with services delivered by local authorities, non-state providers, and community groups, making coordination between sectors and levels, including routine referral systems, a necessary component of effective child protection systems.