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Child-headed households: a feasible way forward, …

a feasible way forward , or an infringement of children's right to alternative care? Child-headed households: Africa is home to millions of children without adequate parental care or access to suitable alternative care. The primary factors leading to this situation are Child-headed households: HIV/AIDS, poverty, con ict and the disintegration of the traditional extended family network. In recent years the international community has started to view Child-headed households in which a child has taken over the majority a feasible way forward , or an infringement of responsibilities of the main caregiver as a form of alternative care. of children's right to alternative care? In the face of growing international support for recognition of child headed households, the author poses the following principal questions: What does the internationally recognised right to alternative care for children entail?

Child-headed households: a feasible way forward, or an infringement of children’s right to alternative care?

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Transcription of Child-headed households: a feasible way forward, …

1 a feasible way forward , or an infringement of children's right to alternative care? Child-headed households: Africa is home to millions of children without adequate parental care or access to suitable alternative care. The primary factors leading to this situation are Child-headed households: HIV/AIDS, poverty, con ict and the disintegration of the traditional extended family network. In recent years the international community has started to view Child-headed households in which a child has taken over the majority a feasible way forward , or an infringement of responsibilities of the main caregiver as a form of alternative care. of children's right to alternative care? In the face of growing international support for recognition of child headed households, the author poses the following principal questions: What does the internationally recognised right to alternative care for children entail?

2 Is the recognition of Child-headed households as a form of alternative care in line with the Convention on the Rights of the child and other international standards which have been adopted as a measure to protect the inherent Charlotte Phillips rights of children to protection, development, survival and participation? An overview is presented of the situation of children in need of alternative care in nine focus countries in the sub-Sahara, as well as an analysis of national legislation on alternative care in general and Child-headed households in particular in these countries. In addition to providing an answer to the principal questions, the author concludes with a number of recommendations, including the adoption of a universal de nition of Child-headed households and a legal framework for alternative care.

3 ISBN 978-90-817636-0-8. Phillips Child-headed households: a feasible way forward , or an infringement of children's right to alternative care? Design and layout by Ivonne Hermens, Eindhoven Cover photo by kind permission of Ellen Daniels-Howell Charlotte Phillips 2011. e-ISBN 978 90 817636 1 5. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior permission of the author. Table of Contents List of Principal Abbreviations and Acronyms viii 1 Introduction 9. Background 9. Aim 11. Research questions 12. Area of research 14.

4 Research methodology 16. Limitations 17. Organisation of thesis 18. 2 International rules and regulations governing alternative care 20. Introduction 20. Geneva Declaration of the Rights of the child (1924) 23. Universal Declaration of Human Rights (1948) 25. Declaration of the Rights of the child (1959) 26. Declaration on Social and Legal Principles relating to the Protection and Welfare of Children, with Special Reference to Foster Placement and Adoption Nationally and Internationally (1986) 28. Convention on the Rights of the child (1989) 32. Rati cation status and implementation of the Convention on the Rights of the child 32. Relevant Stipulations CRC 42. General Comments relevant to alternative care 54.

5 African Charter on the Rights and Welfare of the child (1990) 57. Rati cation status and implementation of the African Charter on the Rights and Welfare of the child 58. Relevant stipulations ACRWC 62. UN Guidelines for the Alternative Care of Children (2009) 67. Development 67. Contents 70. iv Table of contents Child-headed households 75. Development Paragraph 37 UN Guidelines 75. UN Guidelines in relation to the CRC and the ACRWC 78. Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (1993) 79. Framework for alternative care 84. Conclusions 92. 3 Causes, nature and situations of alternative care in sub-Saharan Africa 98. Introduction 98.

6 Causes of the loss of parental care 101. Nature and meaning of alternative care 107. Situations of alternative care 114. Kinship care 114. Foster care 118. Residential care 122. Conclusions 133. 4 Child-headed households 138. Introduction 138. Causes, extent, nature and circumstances of Child-headed households 140. Underlying causes of the formation of Child-headed households 140. Prevalence of Child-headed households 142. Composition of Child-headed households 146. Type of housing and household income 149. Education 152. Healthcare 154. Related problems 156. De nition Child-headed household 159. Child-headed households as a form of alternative care 163. Conclusions 165. Table of Contents v 5 Children's Rights and Legislation in relation to Child-headed households and other children in need of alternative care 168.

7 Introduction 168. Ethiopia 172. Constitution of the Federal Democratic Republic of Ethiopia (1994) 172. Revised Family Code (2000) 173. Alternative Childcare Guidelines on Community-based Childcare, Reuni cation and Reintegration Program, Foster Care, Adoption and Institutional Care Service (2009) 175. Concluding summation 177. Kenya 179. Constitution of the Republic of Kenya (2010) 180. Children Act (2001) 180. Concluding summation 184. Malawi 185. child Care, Protection and Justice Act (2010) 186. Concluding summation 190. Namibia 192. child Care and Protection Bill (2011) 193. Concluding summation 197. Rwanda 199. Constitution of the Republic of Rwanda (2003) 200. Law No.

8 27/2001 Relating to Rights and Protection of the child Against Violence (2001) 200. National Policy for Orphans and Vulnerable Children (2003) 201. Concluding summation 202. Sierra Leone 203. child Rights Act (2007) 204. Concluding summation 206. South Africa 207. Constitution of the Republic of South Africa (1996) 207. Children's Act (2005) 208. Children's Amendment Act (2007) 211. General Regulations regarding Children (2010) 215. vi Table of Contents National Social Development Children's Act Practice Note no. 1 of 2010 219. Concluding summation 219. Swaziland 222. Constitution of the Kingdom of Swaziland Act (2005) 223. Concluding summation 224. Uganda 225. Children Act (1997) 225.

9 National Orphans and Other Vulnerable Children Policy (2004) 228. Concluding summation 228. Conclusions 230. 6 Conclusions and recommendations 241. Introduction 241. International rules and regulations on alternative care for children 242. Alternative care for children without parental care in sub-Saharan Africa 244. Child-headed households 249. De nition of Child-headed households 249. Identi cation of Child-headed households 250. Child-headed households as a form of alternative care 251. Child-headed households legal recognition 256. Universality 261. National rules and regulations on alternative care and Child-headed households 263. Recommendations 267. Keeping parents alive and families together 267.

10 Investment of nancial and human resources 268. Universal framework for alternative care 270. Adequate alternative care system 271. Rati cation of the 1993 Hague Convention 272. Monitoring and accountability 272. Universal de nition of Child-headed households 273. Prevention of the emergence of Child-headed households 274. Table of Contents vii Commentary on the UN Guidelines and General Comment on Alternative Care for Children 275. Further research 276. Bibliography 277. Legal Documents 296. Appendix I Convention on the Rights of the child 304. Appendix II African Charter on the Rights and Welfare of the child 327. Appendix III UN Guidelines for the Alternative Care of Children 346.


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