OBJECTIVES: Understanding Child Protection and its dynamics

1. KATALEMWA CHILD PROTECTION TRAININGPRESENTATION By James Kimera Ssekiwanuka, PhDTeam Leader CALM Africa/Senior Consultantjames@gmail.comP.O.BOX 12360 KAMPALA 25th Sept. 2012 OBJECTIVES: • Understanding Child Protection and its dynamics • How to come up with the Child Protection Policy • To appreciate a protective environment

2. Definitions of Key concepts A child: Biologically, a Child is generally a human being between the stages of birth and puberty. The legal definition of “a child" under International and National legal standards, is a person below the age of 18 years. Child hood: The period between infancy is about 1-2 years and pubescence. Child development: refers to the natural stages of growth and skills that children acquire naturally. These include physical growth and motor skills, language development like babbling, forming words, then to development of identity and esteem plus mental development.

3. Definitions cont: Child Rights Violation • According to Criminal law, child rights violations relate to all forms of harmful acts to children such as genocide, torture, war crimes, the use or recruitment of child soldiers as well as sexual abuse, political, racial, or religious persecution, and other inhumane acts which are part of a widespread or systematic practice of atrocities.

4. Child Protection • These are child welfare policies and initiatives designed to address the protection of children from abuse, neglect, exploitation, violence and to the fulfilment of children’s rights and wellbeing as well as creating a protective environment for their positive development. • Resilience: This is one’s capacity and ability to cope with an insecure and violent situation without significantly adverse effects on his/her development.Resilience among children can also be defined as “a universal capacity that allows children to prevent, minimize, or overcome the damaging effects of adversity.

5. Children’s Rights Children's rights are the human rights of children with particular attention to the rights of special protection and care afforded to the young. Examples include; their right to association with both biological parents, human identity as well as the basic needs for food, universal state-paid education, health care etc. A common citation of these rights is: the right to survival, development; protection, and participation.

6. Situation of Children • According to UNICEF, there are 2.2 billion children in the world. Of these, millions around the world miss out on their childhood as a result of poverty. Poverty deprives them of the capabilities needed to survive, develop and thrive. It prevents them from enjoying equal opportunities. It makes children more vulnerable to exploitation, abuse, violence, discrimination and stigmatization. Consequently, in most developing countries millions of children must fend for themselves or work to support their families, instead of focusing on learning and playing. UNICEF estimates that 2 million children are sexually exploited and 1.2 million children are trafficked every year. The statistical evidence on children living in poverty confronts us with a stark reality: millions of children are poor; they lack access to safe drinking water, essential vaccines, education and nutrition; they are at risk of being exploited and abused

7. Situation of Children in Uganda • Amidst poverty and income inequality, children in Uganda suffer the biggest brunt. At national level in Uganda, children make the biggest share of the population. Uganda’s population is estimated to be 30million (POPSEC, 2008). • Despite the various interventions and myriad of actors in the child welfare and protection sector, the number of children subjected to abuse is still unacceptably high. Recent study by ANPPCAN on Child abuse and protection shows that 16 Ugandan children were sexually abused daily in the first six months of 2009. The study further shows that between January and June 2009, a total of 9,480 child-abuse-related cases were reported to various sources including the Police, ANPPCAN Uganda and the print media. Of these, 2,594, representing 36 per cent of the cases was defilement, 1,259 involved cases of child disappearance while 1,089 were cases of child stealing. According to the Uganda Police Crime Report 2008, ‘’a total of 3,760 cases investigated in 2008, involved children as victims of crime…and of all the cases of ritual murder, 25 were children.”

8. Group Work Group 1. • List and explain the key principles in responding to child rights violations. Group 2. • List and explain the key ethical issues in responding to child rights violations. Group 3. • List and explain the various forms of child rights violations and the consequences of each. Group 4. • How do you tell that a child has been abused (list signs and symptoms of abuse).

9. Key Principles of Child Protection (1) • Best interest of the child: The child must be the primary concern in making decisions that may affect them. According to the Uganda Children Act Cap 59, best interest of the child is defined as ‘the welfare principle’. Whenever the state, a court or any person determines any question with respect to; Non-discrimination: Whatever their race, religion or abilities, what they think or say; whatever the type of family they come from. No child should be treated unfairly. Do No Harm: Interventions must maximize benefits and minimize possible risks that may result from the intervention. This applies to: • Program design and implementation • Identifying ,reporting, referring, follow – up on child protection cases

10. Best Place is with family: The family is the best place for child growth and development. Therefore any assistance offered must be done within the family and the family protective capacity developed.

11. Ethical issues in Child Protection • Confidentiality: this is a condition where sensitive information and or personal data is kept protected only to be accessed by authorized persons. This applies to written, oral or circumstantial information which are kept protected until informed consent to share is authorized. • This is a pillar of building trust in Child protection work, especially the case management process involving families and communities • Non judgmental. The primary aim of the child protection worker should be to understand the circumstances of the child and not to apportion blame. This requires getting rid of ones own biases and prejudices.

12. Ethical issues in CP • Informed consent- this is a situation in which a person agrees to engage in an action with complete information about the implications of their action • Double consent in the case of children involves both the guardian/parent and the child agreeing to engage in an action with complete information about the implications of their action. • Assent – this occurs when a child agrees to engage in an action after seeking consent from their parent or guardian.

13. Forms of Child rights Violations/abuse. • Physical. • Sexual abuse. • Emotional and psychological abuse. • Child Neglect. • Child labor • Children in armed conflict

14. Consequences of child rights violations on Child’s Development and Well Being • Loss of lives. • School drop out. • Stunted growth. • Street Children; Moral decay. • Killer diseases. (Malaria, HIV, Acute Respiratory Track Infections –(ARTIs), Measles, Polio, Tetanus, TB, diphtheria ) • HIV & AIDS. • Drug Abuse. • Prostitution. • Committing suicide. • Defilement and its consequences.

15. Tips for Personal Safety • We all have the right to feel safe all the time. • When we do not feel safe we also have the right to do what we need to do until we feel safe again. • When things are safe for us we have a choice, feel comfortable and are in control. • When things are not safe for us our body automatically tell us; for example our heart beats faster or our tummy feels funny etc. • The quicker we recognize and trust these feelings the more choices we have to either avoid or deal with the problem. • We can use our bodies feelings to help us choose which option is the safest • Once we are out of the immediate danger we can find someone to tell. • There is nothing so awful or too small that we can't talk about with someone. • We can use our feelings to decide who is the best person to talk with and who will help us. • Part of our right to feel safe includes the responsibility to see that others are safe with us. In other words treat others the way we want to be treated ourselves.

16. International and Regional Laws and Conventions • The declaration of human rights (1948) • The UNCRC • The ACRWC • The Optional Protocol of Child Rights • The ILO Conventions

17. UNC on the Rights of the Child: Summary 1. The right to have what follows, regardless of race, colour, sex, language, religion, political or other opinion, or national or social origin. 2. The right to grow up in a normal and healthy way – free and with dignity. 3. The right to have a name and to be a member of a country. 4. The right to good food, housing and medical care. 5. The right to special care if handicapped in any way. 6. The right to love and understanding, preferably from parents. 7. The right to go to school for free, to play and to have an equal chance to be what they are and learn to be responsible and useful. 8. The right always to be among the first to get protect and relief. 9. The right not to be harmed, or to be hired for work until old enough. 10. The right to be brought up in a spirit of peace and friendship.

18. Key Principles of UNCRC • Survival • Protection • Participation • Provision • Development • Dignity • Entitlement, • Best interest • Responsibility • Non discrimination

19. National legal and Policy Standards • The Constitution of the Republic of Uganda 1995. • The Children Act Cap 59. • Penal Code Act , Cap 120 Amended 2007. • Magistrates Court Act 2007. • Local Government Act, Cap 124. • The Police Act Cap303. • Education Policy • National Youth Policy • Uganda National Land Policy • OVC Policy • National Council for children PolicyNational Child Labor Policy • National Youth Policy • National Council for children Policy • The National Health Policy • National Strategic plan on HIV/AIDS 2007/8-2012/12 • National Child Participation

20. What is a Policy • A Policy is

21. Guidelines for Making a CP Policy • Child Protection Policy • ‘A statement of intent that demonstrates a commitment to safeguard children from harm and makes clear to all what is required in relation to the protection of children. It helps to create a safe and positive environment for children and to show that the organisation is taking its duty and responsibility of care seriously.

22. A child protection policy provides a framework of principles, standards and guidelines for: • Creating a ‘child safe’ and ‘child friendly’ organisation (in relation to environmental safety as • well as protection against physical, psychological and sexual abuse) • Prevention of abuse • Personnel recruitment and training • Robust management systems • Guidelines for appropriate and inappropriate behaviour / attitude • Guidelines for communications regarding children • Recognizing, reporting and reacting to allegations of abuse • Ramifications of misconduct for those failing to follow the policy

23. The 6 foundation stones in more detail: • • Child rights-based approach • • Consultation • • Ownership • • Confidentiality • • Transparency • • Sensitivity.

24. Elements of CP Policy and Procedure • 1) PERSONNEL RECRUITMENT WHAT All employees, contractors, trustees, officers, interns and volunteers, whether paid or unpaid, full time or part time, temporary or long-term, having direct or indirect contact with children should undergo a thorough and standardized recruitment process. WHY To ensure that the organisation hires the best possible staff to work with children who are best suited to the specific role they are undertaking and to ensure that unsuitable candidates / child abusers are deterred from applying and are not recruited into the organisation. • 2) EDUCATION AND TRAINING • WHAT There should be opportunities within the organisation to develop and maintain the necessary skills and • understanding to safeguard children. • WHY To ensure that all personnel and children themselves understand the importance of child protection. • So that all personnel know how to implement policies and procedures and work to the same high standards and • that children know best how to protect themselves and make use of the policies and procedures in place. • 3) MANAGEMENT STRUCTURE • WHAT A management process should be adopted in order to facilitate the implementation of the child protection • policy and procedures. • WHY Without effective management support, staff working on child protection may feel isolated and be unaware • of where responsibilities lie and policies and procedures may fall through the gaps / not be taken seriously / not be • acted on / not be fully implemented / not run smoothly.

25. 4) BEHAVIOUR PROTOCOLS • WHAT Written guidelines for all employees, contractors, trustees, interns, volunteers and visitors detailing • appropriate behaviour with children. You might want to consider developing behaviour guidelines with children • for appropriate behaviour by children towards children. • WHY To clarify what constitutes appropriate and inappropriate behaviour towards children and to ensure that all • personnel understand and abide by behaviours which create a ‘child safe environment’ that respects children’s • physical and mental integrity / space / privacy. • Behaviour guidelines also allow children to know what behaviour to expect from personnel and from each other, • to know the difference between ‘good touch’ and ‘bad touch’ and when to speak out if they feel uncomfortable. • To avoid potential misunderstandings which

26. 5) COMMUNICATION GUIDELINES • WHAT There should be a set of guidelines to control confidential information regarding children and to prevent the • presentation of degrading images of children through the organisation’s publications and website. • WHY To clarify what constitutes appropriate and inappropriate use of written, visual and verbal information relating to • children and to ensure that all personnel understand the importance of protecting and respecting children’s dignity • and privacy and which safeguards them from being identified by those who may wish to harm them. • Communication guidelines also allow children to know what rights they have regarding the use of information that • relates to them, to introduce them to the concept of ‘informed consent’ regarding such information and when to • speak out if they feel uncomfortable. • 6) REPORTING AND REACTION PROTOCOLS • WHAT There should be a process for reporting and reacting to witnessed, suspected or alleged child abuse and/or • violation of the child protection policy which is made available to, and understood by, all employees, contractors, • trustees, interns, volunteers and children themselves.

27. Guidelines • WHY So that in the case of an incident, immediate and appropriate action is taken in the best interests of the child • to treat the child with dignity and protect the child from harm. • So that all personnel and children are clear about what they should do to report and react to an incident. • There should be a standard, transparent procedure that ensures that staff do not panic and act inappropriately, that • they feel (and are!) supported by senior staff and they are aware of confidentiality guidelines. • 7) RAMIFICATIONS OF MISCONDUCT • WHAT Steps taken as a result of any investigation of an allegation of a violation of the policies, guidelines, principles • or practice of child protection. • WHY To signal that the organisation takes child protection seriously. • To deter personnel from violating child protection policies and procedures, to ensure that those who do violate child • protection are held accountable for their actions, with possibilities for further training (in the case of minor violations) • or dismissal and potentially legal action.