The Ideal, Reality and Challenges

1. 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

2. 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)

3. 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

4. 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

5. 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)

6. 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)

7. Importance of UN Guidelines for the Alternative Care of Children • CRC as universal, multidimensional, multisectoral legally binding instrument cannot contain detailed policy & programmatic guidance. • 2005 – 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 20th anniversary of CRC, 20 November 2009

8. 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

9. Key Committee Recommendations for WCA State Parties (2009-2012) • 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

10. 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

11. 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

12. Question? • Can all stakeholders consider and adopt more effective, holistic approachto 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?

13. Merci Obrigada Thank You