Amend the Children Act for easy implementation
THE Children Act 2004 is the principal law that deals with children’s affairs and their protection. The Act was aimed at consolidating all laws relating to child care, protection and maintenance. It also sought to establish institutions that can ensure easy access to justice by children and deal w
Joshua Lubandi
THE Children Act 2004 is the principal law that deals with children’s affairs and their protection. The Act was aimed at consolidating all laws relating to child care, protection and maintenance. It also sought to establish institutions that can ensure easy access to justice by children and deal with children in conflict with the law. It provides for the Family and Children Courts and remand homes.
In spite of this good law, Uganda remains one of the African countries with most violations of children’s rights. Very few abused children receive justice or redress from the courts of law. A Reuters poll in July ranked Uganda one of the most dangerous places for children due to war, sexual abuse and work. This is partially attributed to loopholes in the law.
A concept paper on the Children Act by the Uganda Law Reform Commission states that the implementation of the Act is undermined by, among others, inadequate human and financial resources in the established institutions and the negative attitudes of the society on matters of children’s rights.
Another weakness is the Act’s silence on several forms of child abuse which are common in Uganda: child sacrifice, child labour and child trafficking. There are other emerging issues related to child abuse and protection which are of concern. These include child prostitution, refugee children and children affected by HIV/AIDS.
However, even in areas that are covered under the Act, little has been done to ensure children’s rights are observed. For instance, Section 13 of the Act provides for establishment of Family and Children’s Courts (FCC) in every district. But there is only one such court in the country. This does not only limit access to courts by children but also hinders the administration of their affairs.
The Act also calls for establishment of remand homes to handle children in conflict with the law. Section 91 of the Act states that, “Where a child is not released on bail, the court may make an order remanding or committing him or her in custody in a remand home, situated in the same area as the court making the orderâ€
Many districts have no remand homes due to limited resources. Consequently, many children are held in police cells and prisons for adults. There is need to amend the law for easy implementation.
The writer is the programme Assistant of ANPPCAN Uganda
THE Children Act 2004 is the principal law that deals with children’s affairs and their protection. The Act was aimed at consolidating all laws relating to child care, protection and maintenance. It also sought to establish institutions that can ensure easy access to justice by children and deal with children in conflict with the law. It provides for the Family and Children Courts and remand homes.
In spite of this good law, Uganda remains one of the African countries with most violations of children’s rights. Very few abused children receive justice or redress from the courts of law. A Reuters poll in July ranked Uganda one of the most dangerous places for children due to war, sexual abuse and work. This is partially attributed to loopholes in the law.
A concept paper on the Children Act by the Uganda Law Reform Commission states that the implementation of the Act is undermined by, among others, inadequate human and financial resources in the established institutions and the negative attitudes of the society on matters of children’s rights.
Another weakness is the Act’s silence on several forms of child abuse which are common in Uganda: child sacrifice, child labour and child trafficking. There are other emerging issues related to child abuse and protection which are of concern. These include child prostitution, refugee children and children affected by HIV/AIDS.
However, even in areas that are covered under the Act, little has been done to ensure children’s rights are observed. For instance, Section 13 of the Act provides for establishment of Family and Children’s Courts (FCC) in every district. But there is only one such court in the country. This does not only limit access to courts by children but also hinders the administration of their affairs.
The Act also calls for establishment of remand homes to handle children in conflict with the law. Section 91 of the Act states that, “Where a child is not released on bail, the court may make an order remanding or committing him or her in custody in a remand home, situated in the same area as the court making the orderâ€
Many districts have no remand homes due to limited resources. Consequently, many children are held in police cells and prisons for adults. There is need to amend the law for easy implementation.
The writer is the programme Assistant of ANPPCAN Uganda