Consultancy: Legal and Policy Gap Analysis of Section 3 of the Marriages Act (Child Marriage)

Terms of Reference (ToRs): Legal and Policy Gap Analysis on Section 3 of the Marriages Act [Chapter 5:17]

Assignment title: Legal and Policy Gap Analysis of Section 3 of the Marriages Act [Chapter 5:17], 2022, and the Need for an Integrated Social Protection Response to Child Marriage in Zimbabwe

Commissioning organisation: Women's rights organisation based in Zimbabwe

Assignment type: Consultancy

Duration: 2 weeks

Expected start date: 5 October 2026

Reporting to: Programmes Coordinator

Background

Zimbabwe's legal framework establishes 18 as the minimum age for marriage. Section 78 of the Constitution sets this minimum age, while section 81 provides for children's protection from abuse and their rights to education, healthcare, nutrition and shelter. The Marriages Act [Chapter 5:17], 2022 gives legislative effect to the prohibition. Section 3 prohibits a person under 18 from contracting a marriage, entering an unregistered customary law marriage or civil partnership. It also criminalises specified conduct that promotes, permits, coerces, aids or abets child marriage.

Despite this legal prohibition, questions remain about whether the existing legal and policy framework provides an effective and coordinated response for children at risk of, or affected by, child marriage. Section 3 establishes prohibitions and penalties but does not itself set out a comprehensive package of protection, support and remedies for children identified through prevention or enforcement efforts.

Child marriage is associated with poverty, school dropout, teenage pregnancy, food insecurity and limited access to social protection. Relevant protections and services are distributed across different laws, policies, institutions and programmes. For example, education legislation protects access to schooling, and the Basic Education Assistance Module (BEAM) supports vulnerable learners. However, legal entitlements and existing assistance may not cover the full range of costs and support needed to keep children in school and address household vulnerability.

The contracting organisation seeks to commission a policy paper that examines the adequacy of the legal and policy framework as a whole and proposes practical reforms to connect prevention, enforcement, child protection, education retention and social protection.

Purpose of the Consultancy

The consultant will conduct a legal and policy gap analysis of section 3 of the Marriages Act and the broader framework for preventing and responding to child marriage in Zimbabwe. The consultant will develop evidence-informed, practical recommendations for an integrated response, including consideration of a ring-fenced child education retention mechanism within BEAM or a dedicated social protection window.

Overall Aim

To assess the legal and policy adequacy of Section 3 of the Marriages Act [Chapter 5:17], 2022, with particular attention to prevention, enforcement, child protection, access to justice, education retention and social protection, and to propose reforms that support an integrated response to child marriage.

Specific Objectives

The consultant will

• Analyse Section 3 of the Marriages Act, assessing its clarity, scope, adequacy and enforceability in prohibiting child marriage.
• Examine the relationship between Section 3 and relevant constitutional provisions, laws, policies, programmes and institutional mechanisms.
• Identify gaps in the protection and support available to children affected by, or at risk of, child marriage, including access to legal assistance, psychosocial support, healthcare, shelter, family support and social welfare services.
• Assess the extent to which existing social protection programmes address economic drivers of child marriage, including poverty, school-related costs and household vulnerability.
• Examine education-retention measures, including BEAM, and assess the feasibility of a targeted child education retention reserve or other dedicated support mechanism.
• Develop practical recommendations for legislative, policy, budgetary and administrative reforms, including an integrated referral and support framework.

Scope of Work

1. Inception and research design

• Review the concept note and agree on the methodology, research questions, workplan and consultation plan with the contracting organisation.
• Identify relevant stakeholders, information sources and ethical considerations.
• Submit an inception report for approval before commencing substantive research.

1. Legal and policy review

Review and analyse relevant instruments, which may include

• The Constitution of Zimbabwe;
• The Marriages Act [Chapter 5:17], 2022, particularly section 3;
• Relevant children's legislation and child protection laws;
• The Education Act and relevant education policies;
• Relevant criminal law and justice-sector provisions;
• Laws and policies concerning social welfare, social protection, healthcare, sexual and reproductive health, birth registration and documentation;
• Relevant national strategies, regulations, administrative guidelines and inter-ministerial protocols;
• Relevant regional and international human rights instruments ratified by Zimbabwe.

The review should assess consistency, implementation responsibilities, available remedies, enforcement provisions and any gaps or overlaps.

1. Institutional and service mapping

• Map the roles and responsibilities of relevant government ministries, departments, law-enforcement agencies, courts, local authorities, schools, social welfare actors and civil society organisations.
• Examine existing coordination, referral and case-management arrangements.
• Identify service availability and access gaps, including geographical, financial, administrative and safeguarding barriers.

1. Social protection and education-retention analysis

• Review relevant evidence on the economic drivers of child marriage and the relationship between poverty, school attendance and marriage.
• Assess existing social protection and education assistance programmes, including BEAM, in terms of eligibility, coverage, timeliness, adequacy and the costs they do or do not meet.
• Analyse options for a targeted education-retention mechanism, including a ring-fenced reserve within BEAM or a complementary social protection window.
• Consider potential eligibility criteria, referral pathways, governance, accountability, financing, monitoring and safeguards against exclusion or stigma.

1. Stakeholder consultations

Conduct consultations, as agreed with the organisation, with relevant stakeholders. These may include:

• Government ministries and departments responsible for justice, education, social welfare, health, gender and child protection;
• Zimbabwe Republic Police and other justice-sector institutions;
• Schools and education-sector representatives;
• Social protection programme administrators;
• Civil society organisations and service providers;
• Development partners and researchers;
• Where appropriate and ethically safe, children, young people, caregivers or adult survivors with relevant lived experience.

Consultations must be conducted using a do-no-harm, child-sensitive and survivor-centred approach. Participation by children or survivors will require prior approval from the contracting organisation and appropriate informed consent, safeguarding and confidentiality measures.

1. Analysis and recommendations

Develop an integrated analysis addressing the four pillars below

a) Prohibition and legal accountability: adequacy, clarity, scope, implementation and consistency of section 3 with the wider legal framework.

b) Protection, remedies and survivor support: availability and coordination of services, including immediate protection, psychosocial support, healthcare, legal assistance, shelter, family support, documentation, maintenance and case management.

c) Social protection as prevention and response: how social protection can address household vulnerability and reduce economic pressures associated with child marriage.

d) Education retention and a BEAM reserve: feasibility and design options for targeted, timely education-related support to prevent dropout and support vulnerable learners.

Recommendations should be prioritised, actionable and identify responsible institutions, possible implementation mechanisms, resource implications and timeframes where feasible.

Methodology

The consultant is expected to propose a robust methodology that may include

• Desk review of legislation, policies, research, administrative information and programme documents;
• Legal analysis and comparative review, where relevant;
• Key informant interviews and stakeholder consultations;
• Analysis of service and referral pathways;
• Review of available data on child marriage, education, social protection and vulnerability;
• Validation of preliminary findings with the organisation and relevant stakeholders.

The methodology should identify limitations in available data and distinguish clearly between verified evidence, stakeholder perspectives and the consultant's analysis.

Expected Deliverables

• Draft policy paper (1 week): a comprehensive draft covering the legal and policy analysis, institutional mapping, service and referral gaps, social protection and education-retention analysis, and proposed reforms.
• Final policy paper (1 week): after review, a revised, evidence-based paper incorporating agreed feedback and providing prioritised recommendations.

All deliverables must be submitted in English in editable electronic format. The final paper should be suitable for policy advocacy and publication, subject to the organisation's review and approval.

Required Qualifications and Experience

The consultant should have

• A degree in law, human rights, public policy, social protection, development studies or a related field.
• A master's degree will be an added advantage.
• Demonstrable experience in legal and policy analysis in Zimbabwe.
• Strong knowledge of child rights, gender equality and child-protection frameworks.
• Experience analysing legislation, public policy and institutional mandates.

Application Requirements

Interested consultants should submit

1. A technical proposal outlining their understanding of the assignment, methodology, consultation approach and workplan.
2. A financial proposal with a breakdown of professional fees and other anticipated costs.
3. A current CV or CVs for proposed team members.
4. Samples of relevant legal, policy or research work.
5. Details of at least two referees.

How to apply: submit applications to [email protected] by 10 October 2026, with the subject line "Consultancy: Child Marriage Legal and Policy Gap Analysis".