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A guardian is a legally appointed adult representative for a child. The guardian's function is to ensure that a child’s rights are upheld and the child's best interests are protected. The existence, process and duties of a guardian will vary from country to country. When no formal guardian system exists, alternative systems can be created for having a legally recognised representative for a child. This is particularly important when children are likely to be orphaned or made vulnerable by HIV/AIDS, or unprotected by adult caretakers such as child-headed households.
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Kinship care is the full-time care of a child by a relative or another member of the extended family. This type of arrangement is the most common form of out of home care throughout the world and is typically arranged without formal legal proceedings. In many developing countries, it is essentially the only form of alternative family care available on a significant scale.
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In the context of the HIV/AIDS pandemic, kinship care is the primary mechanism that has enabled a vast majority of children who have lost both parents to remain in family care in their community. …
Adoption is the formal, permanent transfer of parental rights to a family other than a child’s own and the formal assumption by that family of all parenting duties for the child. Where a child’s parents are living and their parental rights have not been terminated, they must provide informed consent for adoption. In some countries it is not culturally acceptable to give the parental rights to a non-family member, and therefore alternative long-term care options must be pursued e.g. kinship care. In some Islamic countries, the term ‘Kafala’ in Islamic law is used to describe a situation…
A child-headed household is one where there are no adult carers available and children live on their own. Typically an older child will care for siblings, cousins, nephews or nieces. Such a situation is increasingly common in areas with high AIDS mortality and regions affected by genocide or war.
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Research has shown that there are a variety of reasons why a sibling group may live on its own. It may be the only way to remain together, the best way to retain the use and ownership of their parents’ land and home, or the only option available.
Some child-headed households are…
The Guidelines for the Alternative Care for Children highlight the importance of providing children with care within family-type settings in their own communities. This allows girls and boys to maintain ties with natural support networks such as relatives, friends and neighbours, and minimizes disruption to their education, cultural and social life. Keeping children within their communities (ideally as close as possible to their original homes), also allows girls and boys to stay in touch with their families, and facilitates potential reintegration.
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