Francophone SSA Conference-Family Strengthening and Alternative Care, Dakar, Senegal, 10-11May 2012 The CRC and UN Guidelines for the Alternative Care of Children: Opportunities for Sub-Saharan Africa Agnes Akosua Aidoo Member/Rapporteur, UN Committee on the Rights of the Child

The Ideal, Reality and Challenges  The Ideal Children are held dearly in African society: “the child occupies a unique and privileged position in he African society and that for the full and harmonious development of his personality, the child should grow up in a family environment in an atmosphere of happiness, love and understanding.” (African Charter on the Rights and Welfare of the Child, 1999, Preamble, going beyond CRC Preamble)

The Reality Children below 18 are 50%-55% of WCA population Vast majority of children (84%) in Francophone WCA live with own parents Over 15% of children do not live with biological parents (informal, kinship care) Very small number (0.002%) live in formal alternative care (residential, institutional) There is limited state support for or investment in children needing alternative care

The Challenges SSA Families have undergone major social changes since 1990s changing the character, types, capacity and ability of families to care for children WA – region of historical high mobility for commercial and economic purposes and thanks to ECOWAS Protocol on free movement of persons - with great impact on families & children Most families are weakened by poverty, but depend mainly on their own resources for child care and upbringing Informal kinship care predominates with little regulation, supervision or support for children to develop to their full human potential

Opportunities with the CRC  CRC is clear and supportive of the fundamental role of the family in child care and upbringing. For example: Family environment is the best place for a child’s growth, well-being and harmonious development (Preamble) Child has right to be brought up by parents (art.7.1) State shall provide appropriate assistance- material and support programmes- to parents and legal guardians in child care & upbringing (arts. 18, 27)

Opportunities with CRC…  CRC is clear on conditions of Alternative Care Removal of child from parental care must be subject to judicial review and in the best interests of the child (art. 9.1) State has responsibility to ensure alternative care for children (art. 20) Family-based alternative care is preferable (art.20) Child has right to Periodic Review of his/her placement (art. 25)

Importance of UN Guidelines for the Alternative Care of Children  CRC as universal, multidimensional, multisectoral legally binding instrument cannot contain detailed policy & programmatic guidance – UN Committee in Day of General Discussion recommended development of international standards for protection and alternative care of children without parental care or at such risk. Extensive interagency & intergovernmental consultations led Human Rights Council to adopt Guidelines June 2009, submit to UNGA which welcomed it on 20 th anniversary of CRC, 20 November 2009

Importance of Guidelines…  Guidelines supplement & enhance CRC implementation:  Set out policy orientations & practical applications for governments to respect dignity & best interests of the child;  Promote prevention of alternative care through family strengthening and services and family reintegration  Ensure children are not placed in alternative care unnecessarily; advocate appropriate types and conditions of alternative care for the rights, needs & best interests of the children  Relevant for WCAR with predominance of informal, kinship care on conditions of optimal informal care & protection of children from abuse, neglect, child labour & exploitation

Key Committee Recommendations for WCA State Parties ( )  Develop policies, strategy and action plans to reduce number of children without parental care, promote deinstitutionalization and prevention  Set clear standards for alternative care, ensuring periodic review & monitoring, participation of children and families, and protection of rights of children in line with the UN Guidelines  Allocate adequate financial & other support to parents, including single parents, adolescent parents, and strengthen families esp. living in poverty in exercise of their child rearing responsibilities

Committee Recommendations …  Promote family-type alternative care including foster care with adequate procedures to ensure compliance with arts. 20 and 21  Address comprehensively & eradicate all forms of violence, abuse, neglect, exploitation & child labour & penalize perpetrators  Collect data and study the situation of children in alternative care and families to inform policy  Eradicate harmful traditional practices – slavery, abduction, “baby farms”, “informal adoption”, child marriage, etc

Conclusion  Study, research situation of families and children without parental care (very few African centres for the study of the African family)  Recognize the plight of children without parental care or at risk and assure alternative care that respects their dignity & rights and meets their needs under the CRC and UN Guidelines  Shift emphasis to prevention and family strengthening in comprehensive policies, programmes and services

Question?  Can all stakeholders consider and adopt more effective, holistic approach to Family Strengthening, Child Well-being & Development, Alternative Care and Child Protection Systems in the best & interdependent interests of the child and development of the African society ?

Merci Obrigada Thank You