Consolidating and implementing the Children Act

Aug 26, 2016

Children need protection from the perpetrators of child trafficking, pornography, labor and soldiering.

By Isabella Bwiire

Pertinent child rights issues today go far beyond the basic needs of education, health and safety.

Today children need protection from the perpetrators of child trafficking, pornography, labor and soldiering. Furthermore, poverty levels are continuously rising which has a direct effect on the strength of family. This in turn affects the state's ability to develop and implement programs and policies for children, since family support is a critical element for the protection of children.

Fortunately, international and regional institutions have developed several human rights standards regarding the rights and protection of children. This is particularly important for Uganda where over half of the population is under the productive age. The experience in consolidating and implementing the Children Act in Uganda has been promising until generation change.

Our country has signed and domesticated several salient provisions of international and regional human rights standards on the rights of a child, likewise the process of harmonizing legislation and consolidating government policies and programs is a continuous process.

A closer look at the mechanisms used to implement the Act and the issues affecting Uganda children brings out the challenges involved in consolidating and implementing a law for child rights.

The UN convention on the Rights of the Child established a set of guiding principles on the rights of the child. It is worth noting that this treaty is the most widely ratified treaty among the UN member States.

The minimum standards for rights of the child established by the convention are guided by majorly four principles including; Equal access to the rights in the convention to all children without discrimination, The best interest of the child must be a primary consideration in all actions concerning children, Every child has the right to life, survival, development and the child's view must be considered and taken into account in all matters affecting him/her.

Each of the above four principles emphasizes the necessity for universally recognised human rights. The position of the child as primary in all state public and private social welfare institutions, courts of law, and administrative and legislative bodies provides a central focus for all government actions in regard to the child.

It is interesting that the UN committee on the Rights of the Child uses the word, active to denote the type of participation State parties are obligated to perform. Too often good policies and legislation can be derailed or lay dormant because of lack of focus on a particular subject matter.

Therefore, equal access to human rights and non - discriminatory approach ensures that children from all socio-economic backgrounds receive care and protection.

Stigmatisation due to lack of information and knowledge is a common occurrence in African Countries; which is why non-discriminatory principles are important. The populace in Africa is steadily getting younger; therefore the life, survival and development of the child are vital for this continent's future. The voice of the child, whether personally or through a representative, guarantees the role of the child in the global discussion on human rights.

In conclusion, the rights of a child must be considered as paramount for their full realization in legislation.

The writer works with the Foundation for Human Rights Initiative (FHRI)   

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