2017 is the year of Family but is there any space for Children?

May 15, 2017

As a social researcher and a children’s rights scholar, I have observed changes in the family in Uganda, which the state and the private sector need to manage intelligibly to avoid destruction of society.

 By Hilda Nankunda Kalekyezi
This year, 2017, was declared the year of the family. I have heard that relevant ministries are drafting legislations and guidelines to govern the oldest institutions, the family.

There are also various activities this year in which the family institution will be discussed. I received this information with excitement since I am a product of the typical African Christian family. Reading about the dedication of this year to family and listening to various activities raises various unsettling questions in regard to the family status.

As a social researcher and a children's rights scholar, I have observed changes in the family in Uganda, which the state and the private sector need to manage intelligibly to avoid destruction of society.

I also carried out participatory research with children and community members in two communities in the peri-urban and rural settlements, exploring their perspectives on children's rights in the family, which informs this article.  It defines the family institution from the functionalist perspective, the changing structures and questions the position of children.


What is a family?
The family is one of the oldest institutions recognised as a basic unit of society. Anthropologists and sociologists claim that family is a universal social institution. In 1949, Murdock a functionalist, defined family as a social group characterised by common residences, economic co-operation and reproduction; including adults of both sexes, at least two of whom maintain a socially approved sexual relationship and one or more children.

He considered the functions of the family to include: sexual relationships, economic co-operation among members, reproduction and socialisation of children (Murdock 1949, www.socqrl.niu.edu).
The Constitution of Uganda, 1995 recognises the family as the natural and basic unit of society that is entitled to protection by society and the state. 

A ‘family' consists of individuals who are related by blood, adoption or marriage (UN Statistical Division Workshop 2012). Uganda has an extended family system that goes beyond the nuclear composition of father, mother and children to other relatives.

Families in Uganda are patrilineal through marital unions which are largely monogamous, while polygamous marriages are also recognised. According to customary and Islamic laws in Uganda polygamy is legal as a form of marriage www.genderindex.org/country/Uganda. 


The family in Uganda plays a big role in child protection and welfare through its child rearing functions. It gives a sense of identity or belonging and culture transmission between generations through socialisation.  The customary law in Uganda holds that men retain sole parental authority over children in the case of divorce.

This protects the child economically because of inheritance patterns from the fathers' lineage rather than the maternal uncles even though it is criticised for the inherent gender inequality.  A number of families may form a household headed by an elder of any gender. An elderly woman may head a household even when there are male adult members.

Widows also head their household as estate administrators of their deceased husbands. The passivity and helplessness seem to be changing as women and children have achieved headship positions and have supported other household members in the absence of male figures.


The changing family and children
Globalisation which promotes capitalism and individualism has eroded some traditional values of family systems. Poverty and conflict persistent in some countries have exerted stress on the traditional family support system. The extended family fills the gap as a safety net in the absence of effective state-supported social security system and services.

The Africa Child Policy Forum (ACPF), 2013 observed that both nuclear and extended family have remained strong elements of resilience in Africa. In Uganda and other Africa's poor communities, the extended family served to alleviate the effects of HIV/AIDs on families as a shared burden before the deaths became overwhelming.

Children still benefit from the right to parental care, a right to grow up with parents and from the broad-based support and care networks the extended family provided beyond the immediate group of relatives except the economic situation frequently precludes this. In countries where community life is torn by civil wars and conflict, Civil Society Organisations (CSOs) and Faith-Based Organisations (FBOs) intervene to fill the vacuum to support children and families. 

 
The family concept has changed over time and has become complex to define in relation to children's rights. The international legislation on children, the Convention on the Rights of the Child, 1989 upholds the role of the family.

Family cohesion is critical for the realisation of children's rights; more so in the African context where the role of the state towards family and child welfare is very negligible.

Article 5 talks about parental guidance, Article 10 family reunification, Article 18 parental responsibilities and state assistance and Article 20 respects within the family seem to be problematic in interpretation and implementation. It seems parents and other adults struggle to give respect to children.

This is sometimes reflected in communication to children and could be responsible for pushing children out of families.  The definition of marriage has also changed as it has taken on different forms and people are marrying for diverse reasons.

Although many people still believe that children are a means to complete a ‘good life', the space for children in decisions about marriage and family stability is unclear.

Participatory research soliciting children's perspectives of their rights revealed labelling of children and discrimination based on parentage with bias against children born out of wedlock. 

Accepting all children to be baptised regardless of parentage in churches that practice child baptism like the Church Of Uganda (COU) and condemnation of use of the derogatory term ‘bustards' was a great achievement in promotion and protection of children's rights. 

Adults revealed abuse of children in some polygamous arrangements and those born from women other than the wife in the home (mistresses). The issues of concubines, polygamy and property sharing among family members were also revealed.


In these modern times, the family structure and composition has changed and so have the family size and the functions. Gender and feminist movements have greatly affected family norms and definition.

Besides, changes in the character and forms of marriage seem to be emerging out of the political and social economic practices that have impacted the family structure putting children and children's rights at stake. However, there seems to be a drive to encourage male involvement in child care.

Women have started to file cases the Children and Family Protection Units at for child maintenance from the fathers which is a new development evoking the provisions of the Children's Act (2000).  This could be interpreted that more women are ready to keep and raise children as single mothers with part-time fathers. 


The family has been criticized for promoting the sovereignty of males over women, children, slaves, and other dependent household members. There are also critics of the bible based family imagery engenders the oppression of women by keeping them subservient to men (Himonga 1998, Chuku 2008).

  It looks like the historical male dominance that undermines the rights of both children and women is still surviving on long-standing patrimonial beliefs. 

The absence of a father or inadequate participation of the male figure in the family was evident in the discussions with community members. Male parents appear to be ceremonial and practically missing in daily lives of children. Mothers were revealed to be more active in the lives of children.

Contrary to expectation children further revealed that mothers were more likely to abuse them and violate their rights than fathers may be because of   close interaction.


The effects of domestic violence and adult conflicts in Uganda deserve further investigation. Research has revealed that adult quarrels impact on children's welfare and hence violating children's rights.  It was not clear whether people in Uganda, are aware of the effect of their actions on children.

Elders in the traditional system wielded a lot of powers which was helpful in settling family conflicts. Strengthening traditional values and practices cannot be ignored in the discussion of the family in regard to children's rights violation, especially in economies that have no social security other than the extended family system. Traditional values ensured that every child had the care of parents, a family name and a sense of belonging, to a clan and tribe.

However as earlier observed, there is need to be cautious since some traditions are dangerously biased based on tribal values and prejudices which conflict with the provisions of legislations for promotion and protection of the Rights of the Child.


Conclusion
This article is intended to raise awareness about the changing family and children's rights among policy makers and practitioners of childcare interventions.  It defines the family and highlights articles in the Convention of the Rights of the Child that guide relationships with children within the family. The importance of the family to the growth and development of children is highlighted.

It is acknowledged that poverty and conflict hinder families from providing care to children and highlights aspects in the African traditions that guided observance of children's rights.  There is need to understand challenges of children in schools and other public place that arise from their family status.


The writer is a researcher on Children's rights as Human rights (PhD Candidate) University of Central Lancashire, Preston UK

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