Child-headed households: a feasible way forward, or an infringement of children’s right to alternative care?
Publisher: Phillips
Published: September 2011
Place of publication: Leiden, Netherlands
Language: eng
Format: Paperback
Number of pages: 408
ISBN-13: 9789081763615
Description: Africa is home to millions of children without adequate parental care or access to suitable alternative care. The primary factors leading to this situation are HIV/AIDS, poverty, conflict and the disintegration of the traditional extended family network. In recent years the international community has started to view child-headed households – in which a child has taken over the majority of responsibilities of the main caregiver – as a form of alternative care.

In the face of growing international support for recognition of child–headed households, the author poses the following principal questions:

•	What does the internationally recognised right to alternative care for children entail?
•	Is the recognition of child-headed households as a form of alternative care in line with the Convention on the Rights of the Child and other international standards which have been adopted as a measure to protect the inherent rights of children to protection, development, survival and participation?

An overview is presented of the situation of children in need of alternative care in nine focus countries in the sub-Sahara, as well as an analysis of national legislation on alternative care in general and child-headed households in particular in these countries.

In addition to providing an answer to the principal questions, the author concludes with a number of recommendations, including the adoption of a universal definition of child-headed households and a legal framework for alternative care.
Table of contents: title: viii
label: List of Principal Abbreviations and Acronyms; title: 9
label: 1 Introduction; title: 9
label: 1.1 Background; title: 11
label: 1.2 Aim; title: 12
label: 1.3 Research questions; title: 14
label: 1.4 Area of research; title: 16
label: 1.5 Research methodology; title: 17
label: 1.6 Limitations; title: 18
label: 1.7 Organisation of thesis; title: 20
label: 2 International rules and regulations governing alternative care; title: 20
label: Introduction; title: 23
label: 2.1 Geneva Declaration of the Rights of the Child (1924); title: 25
label: 2.2 Universal Declaration of Human Rights (1948); title: 26
label: 2.3 Declaration of the Rights of the Child (1959); title: 28
label: 2.4 Declaration on Social and Legal Principles relating to the Protection and Welfare of Children, with Special Reference to Foster Placement and Adoption Nationally and Internationally (1986); title: 32
label: 2.5 Convention on the Rights of the Child (1989); title: 32
label: 2.5.1 Ratification status and implementation of the Convention on the Rights of the Child; title: 42
label: 2.5.2 Relevant Stipulations CRC; title: 54
label: 2.5.3 General Comments relevant to alternative care; title: 57
label: 2.6 African Charter on the Rights and Welfare of the Child (1990); title: 58
label: 2.6.1 Ratification status and implementation of the African Charter on the Rights and Welfare of the Child; title: 62
label: 2.6.2 Relevant stipulations ACRWC; title: 67
label: 2.7 UN Guidelines for the Alternative Care of Children (2009); title: 67
label: 2.7.1 Development; title: 70
label: 2.7.2 Contents; title: 75
label: 2.7.3 Child-headed households; title: 75
label: 2.7.3.1 Development Paragraph 37 UN Guidelines; title: 78
label: 2.7.3.2 UN Guidelines in relation to the CRC and the ACRWC; title: 79
label: 2.8 Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (1993); title: 84
label: 2.9 Framework for alternative care; title: 92
label: Conclusions; title: 98
label: 3 Causes, nature and situations of alternative care in sub-Saharan Africa; title: 98
label: Introduction; title: 101
label: 3.1 Causes of the loss of parental care; title: 107
label: 3.2 Nature and meaning of alternative care; title: 114
label: 3.3 Situations of alternative care; title: 114
label: 3.3.1 Kinship care; title: 118
label: 3.3.2 Foster care; title: 122
label: 3.3.3 Residential care; title: 133
label: Conclusions; title: 138
label: 4 Child-headed households; title: 138
label: Introduction; title: 140
label: 4.1 Causes, extent, nature and circumstances of child-headed households; title: 140
label: 4.1.1 Underlying causes of the formation of child-headed households; title: 142
label: 4.1.2 Prevalence of child-headed households; title: 146
label: 4.1.3 Composition of child-headed households; title: 149
label: 4.1.4 Type of housing and household income; title: 152
label: 4.1.5 Education; title: 154
label: 4.1.6 Healthcare; title: 156
label: 4.1.7 Related problems; title: 159
label: 4.2 Definition child-headed household; title: 163
label: 4.3 Child-headed households as a form of alternative care; title: 165
label: Conclusions; title: 168
label: 5 Children’s Rights and Legislation in relation to child-headed households and other children in need of alternative care; title: 168
label: Introduction; title: 172
label: 5.1 Ethiopia; title: 172
label: 5.1.1 Constitution of the Federal Democratic Republic of Ethiopia (1994); title: 173
label: 5.1.2 Revised Family Code (2000); title: 175
label: 5.1.3 Alternative Childcare Guidelines on Community-based Childcare, Reunification and Reintegration Program, Foster Care, Adoption and Institutional Care Service (2009); title: 177
label: 5.1.4 Concluding summation; title: 179
label: 5.2 Kenya; title: 180
label: 5.2.1 Constitution of the Republic of Kenya (2010); title: 180
label: 5.2.2 Children Act (2001); title: 184
label: 5.2.3 Concluding summation; title: 185
label: 5.3 Malawi; title: 186
label: 5.3.1 Child Care, Protection and Justice Act (2010); title: 190
label: 5.3.2 Concluding summation; title: 192
label: 5.4 Namibia; title: 193
label: 5.4.1 Child Care and Protection Bill (2011); title: 197
label: 5.4.2 Concluding summation; title: 199
label: 5.5 Rwanda; title: 200
label: 5.5.1 Constitution of the Republic of Rwanda (2003); title: 200
label: 5.5.2 Law No. 27/2001 Relating to Rights and Protection of the Child Against Violence (2001); title: 201
label: 5.5.3 National Policy for Orphans and Vulnerable Children (2003); title: 202
label: 5.5.4 Concluding summation; title: 203
label: 5.6 Sierra Leone; title: 204
label: 5.6.1 Child Rights Act (2007); title: 206
label: 5.6.2 Concluding summation; title: 207
label: 5.7 South Africa; title: 207
label: 5.7.1 Constitution of the Republic of South Africa (1996); title: 208
label: 5.7.2 Children’s Act (2005); title: 211
label: 5.7.3 Children’s Amendment Act (2007); title: 215
label: 5.7.4 General Regulations regarding Children (2010); title: 219
label: 5.7.5 National Social Development Children’s Act Practice Note no. 1 of 2010; title: 219
label: 5.7.6 Concluding summation; title: 222
label: 5.8 Swaziland; title: 223
label: 5.8.1 Constitution of the Kingdom of Swaziland Act (2005); title: 224
label: 5.8.2 Concluding summation; title: 225
label: 5.9 Uganda; title: 225
label: 5.9.1 Children Act (1997); title: 228
label: 5.9.2 National Orphans and Other Vulnerable Children Policy (2004); title: 228
label: 5.9.3 Concluding summation; title: 230
label: Conclusions; title: 241
label: 6 Conclusions and recommendations; title: 241
label: Introduction; title: 242
label: 6.1 International rules and regulations on alternative care for children; title: 244
label: 6.2 Alternative care for children without parental care in sub-Saharan Africa; title: 249
label: 6.3 Child-headed households; title: 249
label: 6.3.1 Definition of child-headed households; title: 250
label: 6.3.2 Identification of child-headed households; title: 251
label: 6.3.3 Child-headed households as a form of alternative care; title: 256
label: 6.3.4 Child-headed households – legal recognition; title: 261
label: 6.3.5 Universality; title: 263
label: 6.4 National rules and regulations on alternative care and child-headed households; title: 267
label: 6.5 Recommendations; title: 267
label: 6.5.1 Keeping parents alive and families together; title: 268
label: 6.5.2 Investment of fi nancial and human resources; title: 270
label: 6.5.3 Universal framework for alternative care; title: 271
label: 6.5.4 Adequate alternative care system; title: 272
label: 6.5.5 Ratification of the 1993 Hague Convention; title: 272
label: 6.5.6 Monitoring and accountability; title: 273
label: 6.5.7 Universal definition of child-headed households; title: 274
label: 6.5.8 Prevention of the emergence of child-headed households; title: 275
label: 6.5.9 Commentary on the UN Guidelines and General Comment on Alternative Care for Children; title: 276
label: 6.5.10 Further research; title: Bibliography 277; title: 296
label: Legal Documents; title: 304
label: Appendix I Convention on the Rights of the Child; title: 327
label: Appendix II African Charter on the Rights and Welfare of the Child; title: 346
label: Appendix III UN Guidelines for the Alternative Care of Children; title: About the Author 379