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This report from Kids Empowerment reviews the reception of children on the move in South Africa. The report provides an overview of the application of international law in domestic law in South Africa as regards migrant children, explains the current reception process of children on the move, reviews the role of the child protection system in receiving migrant children (including the appointment and responsibilities of guardians), describes family reunification processes such (including family tracing), and outlines placement types and options for migrant children (including temporary…
Audit of the Frameworks for the Regulation of Legal Guardianship of Children Under International Law
Abstract
Since the adoption of the Geneva Declaration on the Rights of the Child in 1924, much advancement has been made on the international protection of the rights of children internationally, with the adoption of the CRC and the ACRW. These instruments require states to give specific and special legal protection to children without parental care. The stipulation is found in various provisions of the Declaration on the Rights of the Child, the CRC and the ACRWC. The UN Guidelines for the Alternative Care of Children (the Guidelines), which was adopted by the UN General Assembly in 2010…
This brief reference surveys the national policy of three representative African countries on the legal guardianship of children who are without parents or families. Focusing on the widely varying legal systems of Côte d’Ivoire, South Africa, and Uganda, the authors highlight guardianship as emblematic of the continent’s shortcomings in child protection laws. The book’s key objective is bridging the communal aspects of traditional African society with the global standards set forth by the Convention on the Rights of the Child and other international entities. To this end, the three frameworks…
This country care review includes the care-related Concluding Observations adopted by the Committee on the Rights of the Child and the Committee on the Rights of Persons with Disabilities. The Committees' recommendations on the issues relevant to children's care are highlighted, as well as other care-related concluding observations, ratification dates, and links to the Universal Periodic Review and Hague Intercountry Adoption Country Profile.
This country care review includes the Concluding Observations for the Committee on the Rights of the Child adopted as part of its examination of Namibia’s combined second and third periodic reports at the 61th Session of the Committee held between 17 September and 5 October 2012. The Committee’s recommendations on the issue of Family Environment and Alternative Care as well as other care relevant issues are highlighted, as well as other care-related concluding observations, ratification dates, and links to the Universal Periodic Review and Hague Intercountry Adoption Country Profile.
HIV can no longer be considered as a new or emerging disease in sub-Saharan Africa. More than two decades on from the start of the epidemic, several countries in Africa have maturing HIV epidemics with stable or declining incidence. During the HIV epidemic, families and households have continued to be formed and built, and have survived and dissolved, bearing and rearing children. They pass through various life-cycle stages while continuing to function as the primary units of reproduction and production.
Children who survived the risk of contracting HIV through mother-to-child…
This report prepared for the Ministry of Gender Equality and Child Welfare (MGECW) with financial support from UNICEF Namibia assesses the country’s capacity to manage alternative care systems for children. As requested, the assessment concentrated on existing residential care facilities and standards. It was guided in part by the draft UN Guidelines for the Appropriate Use and Conditions of Alternative Care for Children.
Residential care provides a good entry point for assessing the systems of social protection that support the ideal situation of children living with their families in…
The Centre for Social Science Research has published Challenging Dominant Policy Paradigms of Care for Children Orphaned by AIDS: Dynamic Patterns of Care in KwaZulu-Natal, Republic of South Africa. This paper begins to uncover the complex nature of child care in the context of rising numbers of children orphaned by AIDS in KwaZulu-Natal, South Africa. The paper underscores the critical need to continually reexamine the assumptions underlying theoretical understandings of care and family in order to account for unique impacts of HIV/AIDS in different communities. The…
We examine the impact of orphanhood on children’s school enrollment in 10 Sub-Saharan African countries. Although poorer children in Africa are less likely to attend school, the lower enrollment of orphans is not accounted for solely by their poverty. We find orphans are less likely to be enrolled than are non-orphans with whom they live. Consistent with Hamilton’s Rule, the theory that the closeness of biological ties governs altruistic behavior, outcomes for orphans depend on the relatedness of orphans to their household heads. The lower enrollment of orphans is largely explained caregivers…
This article evaluates the impact of a large cash transfer program in South Africa on children’s nutritional status and investigates whether the gender of the recipient affects that impact. In the early 1990s the benefits and coverage of the South African social pension program were expanded for the black population. In 1993 the benefits were about twice the median per capita income in rural areas. More than a quarter of black South African children under age five live with a pension recipient. Estimates suggest that pensions received by women had a large impact on the anthropometric status (…