Education And Sustainable Development Goals: Legal Challenges and Prospects for Tanzanian Teenage Mothers
Keywords:
Education, SDGs, Teenage Mothers, Legal challengesAbstract
This paper responds to the quest how teenage mothers in Tanzania can use education to achieve Sustainable Development Goals (SDGs). It identifies the legal challenges facing teenage mothers in attaining SDGs and explores the future prospects. It further identifies opportunities to be utilized by teenage mothers in Tanzania to achieve right to education and SDGs. Recognizing the importance of education, Article 11(2) of the Constitution of the United Republic of Tanzania provides for the right to education. It stipulates that, every person has the right to self-education, and every citizen shall be free to pursue education in a field of his choice up to the highest level according to his merits and ability.[1] The Constitution prohibits discrimination on various grounds, including sex.[2] However, the Article providing for the right to education falls under the Part of the Constitution which is not enforceable. The paper consists of data obtained through desk review of theoretical and empirical literature. The study findings revels that Early motherhood is a result of adolescent pregnancy or child marriage which is a prevalent development issue in Tanzania, creating negative impacts in the lives of girls. Basing on findings, the paper argued that there is a need for responsible authorities to speed up the approval of a new Constitution and implement the provisions of Education and Training Policy on equal access and opportunity to education for girls and boys, amend Education (Expulsion and Exclusion of Pupils from Schools) Regulations to explicitly prohibit the expulsion of pregnant girls from school, install the re-entry programme and procedures on how to enable pregnant schoolgirls to continue with their studies, Speed up amendment of Law of Marriage Act to raise the marriage age for girls to 18.
References
Constitution
Constitution of the United Republic of Tanzania, [Cap. 2, R.E. 2002].
The Proposed Constitution of the United Republic of Tanzania, 2014.
International Conventions and Treaties
Vienna Convention on the Law of Treaties, 1969.
UNESCO Convention against Discrimination in Education, 1960.
African Charter on the Rights and Welfare of the Child, 1990.
United Nations Convention on the Rights of the Child, 1989.
International Covenant on Economic, Social and Cultural Rights, 1966.
The Convention on the Elimination of All Forms of Discrimination against Women, 1979.
Convention on the Rights of the Child 1989.
Statutes
The National Education Act [Cap. 353 R.E. 2002].
Law Contract Act, [Cap. 13 R.E. 2019].
Law of the Child Act, [Cap. 13 R.E. 2019].
The Judicature and Application of Laws Act, [Cap 358 R.E. 2019].
Written Laws (Miscellaneous Amendments) (No. 2) Act, 2016.
The Written Laws (Miscellaneous Amendments) Act, 2017.
Employment and Labour Relations Act, 2004.
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Tanzania Education and Training Policy, 2014, 2023 Edition.
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The Attorney General v Rebeca Z. Gyumi, Civil Appeal No. 204 of 2017, Court of Appeal of Tanzania at Dar es Salaam (unreported).
Republic v. Ndimi Mgeta [1983] TLR 64.
Regulations, Government Circulars, Government Guidelines and National Plans
Tanzania Education (Expulsion and Exclusion of Pupils from Schools) Regulations, G.N. No. 295, 2002.
Tanzania Education Secular No. 2 of 24th November, 2021.
Tanzania Guideline to reinstating students who dropped out of primary and secondary education for various reasons" in February 2022.
The National Five-Year Development Plan (FYDP III) – 2021/22-2025/26
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Sik, I., (2015), Early Motherhood in Tanzania: Exploring the Education, Health and Employment Challenges of Dar es Salaam’s Adolescent Mothers. A thesis submitted in partial fulfillment of the requirements for the award of BA degree of the University of Toronto Scarborough.
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“Not so Easy: Kabudi on Marriage Laws, Daily News on Monday 25th April, 2017.
The Guardian, 23rd June, 2017: “After getting pregnant, you are done: No more school for Tanzania’s moms-to-be,”.
Dausen, N., (2021) “Tanzania to offer alternative education for school dropouts including pregnant girls”: The Reuters, 22nd June 2021, www.reuters.com,
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Press statement by Mara Warwick, World Bank Country Director for Tanzania on 31st March, 2020: New Financing to Make Secondary Education Safer, Better, and More Accessible for Tanzanian Girls and Boys, Washington, D.C.

