Bridging the Gap
By Francis Maingaila
Lusaka, Zambia24 --- (16-07-2026) -- A 15-year-old girl walks into a health facility seeking help after surviving sexual abuse. She needs emergency care, counselling and information on preventing an unwanted pregnancy. The nurse wants to help but hesitates. The law is not entirely clear on whether some sexual and reproductive health services can be provided without involving a parent or guardian.
Faced with uncertainty, the healthcare worker chooses the safer option—referring the adolescent elsewhere or asking her to return with an adult. The young girl leaves without the care she urgently needs.
While hypothetical, participants at a recent multi-sectoral dialogue on adolescent sexual and reproductive health (SRH) said such situations reflect the difficult choices facing healthcare providers and the barriers many adolescents encounter when seeking essential services.
The dialogue brought together government officials, law enforcement agencies, human rights experts, youth advocates and civil society organisations to examine Zambia's legal framework and the proposed Model Law aimed at improving adolescents' access to sexual and reproductive health services.
Although the discussion centred on legislation, one message echoed throughout the meeting: improving adolescent health requires more than changing the law. It demands changing attitudes, strengthening institutions, protecting healthcare workers and ensuring that young people themselves are part of designing the solutions.
At the heart of the discussion lies a legal contradiction that continues to frustrate both adolescents seeking care and the professionals expected to provide it.
The Children's Code Act recognises every person below the age of 18 as a child and guarantees children's rights to healthcare. However, Zambia's laws do not clearly state when adolescents can independently consent to sexual and reproductive health services. At the same time, the age of sexual consent is 16 years, creating uncertainty for healthcare providers who must balance professional obligations with legal risks.
Participants said this gap leaves many providers relying on policy guidance that is not fully supported by legislation.
Emma Phiri from the Gender Division said government is fully aware of these inconsistencies.
"For example, the Children's Code Act contains many important provisions aimed at protecting children and ensuring that decisions are made in their best interests. However, regarding access to sexual and reproductive health services, the law does not comprehensively address these issues. There is no clear legal framework governing adolescents' access to SRH services," she said.
She acknowledged that reviewing legislation takes time but stressed that the issue requires urgent attention.
"The challenge becomes more apparent because the law criminalises sexual activity involving persons below 16 years of age. Yet adolescents under 16 may still require sexual and reproductive health services. Health providers therefore face uncertainty. Policies may support service provision, but the law is not always aligned with those policies."
Phiri said harmonising laws and policies would give healthcare workers greater confidence while ensuring adolescents receive services without unnecessary delays.
However, she cautioned that legal reform alone would not transform adolescents' experiences.
"Changing laws alone is not enough. We must also address harmful social norms through community engagement. Traditional leaders and religious leaders are important allies because they influence communities. No single institution can achieve this alone. A multi-sectoral approach is essential."
She further explained that although Zambia is party to various international and regional agreements, these instruments only become enforceable after Parliament domesticates them through legislation.
"That is why it is important to carefully review international conventions before committing to them," she said, noting that Zambia has previously taken time to study provisions within regional conventions before adopting them.
The dialogue also explored how ongoing policy reforms could reinforce legal changes.
Phiri revealed that work on the National Strategy on Ending Online Violence had been delayed because attention shifted to legislative reforms, but consultations are expected to resume.
She added that discussions on the African Union Model Law on Child Online Safety are beginning, inviting stakeholders to participate both physically and virtually.
For law enforcement officers, the inconsistencies are equally evident.
Edgar Kazembo from the Zambia Police Service's Victim Support Unit said understanding the distinction between legal definitions is critical.
"The age of sexual consent in Zambia is 16 years. This means that sexual activity involving a person below 16 constitutes a criminal offence because that person cannot legally consent.
However, the Children's Code Act defines a child as anyone below the age of 18."
He explained that although Section 11 of the Children's Code Act guarantees every child's right to health and medical services, it does not specifically mention sexual and reproductive health services.
"While SRH services may be implied under general health rights, they are not explicitly stated."
Kazembo said the Act also recognises that a child's views should be considered according to age, maturity and evolving capacity, but it stops short of establishing the age at which adolescents may independently consent to SRH services.
"This creates a gap. There is no statutory instrument specifically regulating adolescents' access to SRH services, making implementation difficult.
We therefore need legislation that clearly aligns the age of consent with access to appropriate health services."
He added that discussions should also focus on whether health facilities provide safe, welcoming and youth-friendly spaces where adolescents feel comfortable seeking care.
Kazembo further highlighted the growing threat of online sexual exploitation and abuse.
"Cases should be reported immediately. The Zambia Police Service has specialised cybercrime units that investigate offences committed in digital spaces. The biggest challenge is under-reporting."
While participants focused heavily on adolescents' rights, healthcare workers themselves emerged as another group requiring protection.
Maureen Kumwenda from the Ministry of Community Development and Social Services said many providers operate under constant fear of legal consequences.
"Whenever a child seeks services, providers often feel obliged to require parental or guardian involvement because they lack legal protection for independent decision-making by adolescents," she said.
She illustrated the dilemma using the example of a 14-year-old girl seeking abortion services after becoming pregnant.
"If a healthcare provider administers medication and complications later arise, parents may accuse the provider of acting without their knowledge or consent.
Since the child is legally regarded as incapable of making certain decisions independently, the provider could face criminal or civil liability."
"This is why service providers require legal protection."
Kumwenda also called for stronger reporting mechanisms and support services while urging policymakers not to overlook men and boys.
"Programmes often focus primarily on girls. Changing attitudes among men and boys is equally important."
The discussion also turned to one issue that participants described as central to adolescent healthcare—confidentiality.
Human Rights Commission investigator Charity Sabi-Lange said many young people avoid seeking services because they fear their private information will not remain confidential.
"Young people need confidence that whatever information they disclose while seeking services will remain private. Unfortunately, there are cases where service providers disclose confidential information, discouraging adolescents from accessing care."
She said breaches of confidentiality undermine adolescents' constitutional right to privacy and ultimately discourage them from seeking lifesaving healthcare.
"If the proposed Model Law is adopted, adolescents will have greater opportunities to make informed healthcare decisions. This would strengthen adolescent health and human rights."
However, Sabi-Lange cautioned that implementation would require significant investment.
"Healthcare providers will need clear assessment tools to determine whether an adolescent has sufficient maturity to make informed decisions independently.
Providers must also receive specialised training, while parents and communities should be engaged so they understand and support the system."
She stressed that Zambia needs a comprehensive legal and ethical framework that protects both patients and healthcare professionals.
"Every provider needs certainty that when they act within the law and professional standards, they will be protected."
Although access to healthcare is recognised as a constitutional right, she said legal uncertainty surrounding adolescents aged between 16 and 18 continues to create barriers to sexual and reproductive health services.
Beyond legislation, participants repeatedly returned to another obstacle—society's attitudes.
Petronella Muyoya, Community Engagement Officer at Lotus Identity, said changing perceptions may prove just as important as changing laws.
"When we look at the assumptions surrounding adolescents' access to sexual and reproductive health services, there are several barriers. There are institutional challenges, but I think the biggest obstacle is people's perceptions and attitudes."
She said many healthcare providers genuinely want to help adolescents but are influenced by personal beliefs and misconceptions.
"It is not only about whether a healthcare provider is willing to offer a service. It is also about the beliefs, attitudes and misconceptions that influence how providers interact with young people. Those perceptions often affect the quality of care adolescents receive."
Muyoya believes removing legal barriers would increase demand for adolescent health services while protecting both healthcare workers and young people.
"The Model Law seeks to protect both adolescents and healthcare providers. As a result, access to services should improve, while negative perceptions gradually decline."
She added that Zambia already has several laws protecting children, but these need to be aligned to specifically address gaps affecting adolescent sexual and reproductive health.
Participants agreed that legal certainty alone would not improve health outcomes if young people remain excluded from designing programmes intended for them.
For Chester Chimanda, Executive Director of the Youth Movement for HIV/TB/SRHR Advocacy in Zambia (YMHAR), youth participation is not optional—it is essential.
"We need to ensure that young people are actively involved in designing programmes and interventions. They should not simply be recipients of information."
He said programmes become more effective when young people help shape them.
"When young people participate in developing these initiatives, they understand the messages better, share them with their peers and communicate their real experiences and needs. That is why we must work hand in hand with young people."
Chimanda also called for greater legal clarity to eliminate confusion surrounding adolescent access to healthcare.
"One of the key priorities is ensuring there is clarity within the legal framework so that everyone understands the correct procedures and possible solutions."
Recognising that many adolescents now turn to digital platforms for information, YMHAR has invested in technology to bridge the information gap.
"Our organisation has developed the MySpot App, in partnership with Sister Sister Foundation. The platform provides accurate information on sexual and reproductive health and connects users to nearby service providers."
He said the organisation also operates WhatsApp platforms and social media pages where adolescents can ask questions anonymously and receive accurate information.
According to Chimanda, a clearer legal framework would also empower healthcare providers.
"They would be better equipped and more confident to serve adolescents regardless of personal beliefs or religious affiliations. Ultimately, the system would become more inclusive."
As the meeting drew to a close, one theme united every contribution regardless of institutional background.
Government officials called for legal reform. Human rights advocates demanded stronger protections for privacy and dignity.
Police officers highlighted legal inconsistencies that complicate enforcement. Community organisations urged society to confront harmful attitudes.
Youth advocates insisted that young people deserve a seat at the table. Healthcare providers sought legal certainty to perform their duties without fear.
Together, those voices painted a picture of a system that is striving to protect adolescents but is constrained by outdated laws, policy gaps and deeply rooted social norms.
For many participants, adopting a clearer legal framework is not simply about changing legislation. It is about ensuring that no adolescent is denied healthcare because a nurse fears prosecution, a provider is uncertain about the law, confidential information may be exposed or harmful attitudes stand in the way of care.
Ultimately, the debate is about whether Zambia can create a health system where the law protects, communities support, providers are empowered and every young person—regardless of age, gender or circumstance—can access the care they need with dignity, confidence and hope.
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