Transcript Slide 1

Francophone SSA Conference-Family
Strengthening and Alternative Care,
Dakar, Senegal, 10-11May 2012
The CRC and UN Guidelines for the
Alternative Care of Children:
Opportunities for Sub-Saharan Africa
Agnes Akosua Aidoo
Member/Rapporteur, UN Committee
on the Rights of the Child
The Ideal, Reality and Challenges
The Ideal
• Children are held dearly in African society:
“the child occupies a unique and privileged
position in he African society and that for the
full and harmonious development of his
personality, the child should grow up in a
family environment in an atmosphere of
happiness, love and understanding.”
(African Charter on the Rights and Welfare of the Child,
1999, Preamble, going beyond CRC Preamble)
The Reality
• Children below 18 are 50%-55% of WCA
population
• Vast majority of children (84%) in Francophone
WCA live with own parents
• Over 15% of children do not live with biological
parents (informal, kinship care)
• Very small number (0.002%) live in formal
alternative care (residential, institutional)
• There is limited state support for or investment in
children needing alternative care
The Challenges
• SSA Families have undergone major social changes
since 1990s changing the character, types, capacity
and ability of families to care for children
• WA – region of historical high mobility for
commercial and economic purposes and thanks to
ECOWAS Protocol on free movement of persons with great impact on families & children
• Most families are weakened by poverty, but depend
mainly on their own resources for child care and
upbringing
• Informal kinship care predominates with little
regulation, supervision or support for children to
develop to their full human potential
Opportunities with the CRC
CRC is clear and supportive of the fundamental
role of the family in child care and upbringing. For
example:
• Family environment is the best place for a child’s
growth, well-being and harmonious development
(Preamble)
• Child has right to be brought up by parents
(art.7.1)
• State shall provide appropriate assistancematerial and support programmes- to parents
and legal guardians in child care & upbringing
(arts. 18, 27)
Opportunities with CRC…
CRC is clear on conditions of Alternative Care
• Removal of child from parental care must be
subject to judicial review and in the best interests
of the child (art. 9.1)
• State has responsibility to ensure alternative care
for children (art. 20)
• Family-based alternative care is preferable
(art.20)
• Child has right to Periodic Review of his/her
placement (art. 25)
Importance of UN Guidelines for
the Alternative Care of Children
 CRC as universal, multidimensional, multisectoral
legally binding instrument cannot contain detailed
policy & programmatic guidance.
• 2005 – UN Committee in Day of General Discussion
recommended development of international
standards for protection and alternative care of
children without parental care or at such risk.
• Extensive interagency & intergovernmental
consultations led Human Rights Council to adopt
Guidelines June 2009, submit to UNGA which
welcomed it on 20th anniversary of CRC, 20
November 2009
Importance of Guidelines…
 Guidelines supplement & enhance CRC implementation:
 Set out policy orientations & practical applications for
governments to respect dignity & best interests of the child;
 Promote prevention of alternative care through family
strengthening and services and family reintegration
 Ensure children are not placed in alternative care
unnecessarily; advocate appropriate types and conditions of
alternative care for the rights, needs & best interests of the
children
 Relevant for WCAR with predominance of informal, kinship
care on conditions of optimal informal care & protection of
children from abuse, neglect, child labour & exploitation
Key Committee Recommendations for
WCA State Parties (2009-2012)
Develop policies, strategy and action plans to reduce
number of children without parental care, promote
deinstitutionalization and prevention
Set clear standards for alternative care, ensuring
periodic review & monitoring, participation of
children and families, and protection of rights of
children in line with the UN Guidelines
Allocate adequate financial & other support to
parents, including single parents, adolescent parents,
and strengthen families esp. living in poverty in
exercise of their child rearing responsibilities
Committee Recommendations …
Promote family-type alternative care including
foster care with adequate procedures to ensure
compliance with arts. 20 and 21
Address comprehensively & eradicate all forms of
violence , abuse, neglect, exploitation & child
labour & penalize perpetrators
Collect data and study the situation of children in
alternative care and families to inform policy
Eradicate harmful traditional practices – slavery,
abduction, “baby farms”, “informal adoption”,
child marriage, etc
Conclusion
 Study, research situation of families and children
without parental care (very few African centres
for the study of the African family)
 Recognize the plight of children without parental
care or at risk and assure alternative care that
respects their dignity & rights and meets their
needs under the CRC and UN Guidelines
 Shift emphasis to prevention and family
strengthening in comprehensive policies,
programmes and services
Question?
 Can all stakeholders consider and adopt
more effective, holistic approach to
Family Strengthening, Child Well-being
& Development, Alternative Care and
Child Protection Systems in the best &
interdependent interests of the child and
development of the African society?
Merci
Obrigada
Thank You