THE RECOGNITION OF THE RIGHTS OF THE CHILDREN
Ugandan Legislation on the Rights of a child
Children (Amendment) Act 2016:
Section 2 defines a child as a person below the age of 18 years.
Section 3 provides for the Welfare and guiding principles.
Section 4 provides for the Rights of the child:
Live with his/her parent or guardian
Freedom of expression
Access to information
Registered after birth
A name and nationality
Inherit property
Safety, privacy, information and access to basic social services
Non harmful Leisure and participation in sports and positive cultural
and artistic activities
To use any social amenities or other resources available in any
situation of armed conflict or natural or man-made disasters
Non discrimination
Effective legal aid including representation in court proceedings
All rights set out in the UNCRC and Organisation of African Charter
on Rights and Welfare of the child.
Read Sections 5 to 9
Children’s rights were recognised after the 1st World war, with the
adoption of the Declaration of Geneva, in 1924. The process of recognition
of children’s rights continued thanks to the UN, with the adoption of the
Declaration of children’s rights in 1959.
The recognition of the child’s interest and his rights become real on 20
November 1989 with the adoption of the International Convention on the
Rights of the Child which is the first international legally binding text
recognizing all the fundamental rights of the child.
Children’s rights: human rights
Children’s rights are human rights. They protect the child as a human
being. As human rights, children’s rights are constituted by fundamental
guarantees and essential human rights:
Children’s rights recognize fundamental guarantees to all human
beings: the right to life, the non-discrimination principle, the right to
dignity through the protection of physical and mental integrity
(protection against slavery, torture and bad treatments, etc.)
Children’s rights are civil and political rights, such as the right to
identity, the right to a nationality, etc.
Children’s rights are economic, social and cultural rights, such as
the right to education, the right to a decent standard of living, the
right to health, etc.
Children’s rights include individual rights: the right to live with his
parents, the right to education, the right to benefit from a
protection, etc.
Children’s rights include collective rights: rights of refugee and
disabled children, of minority children or from autochtonous groups.
Children’s rights: rights adapted to children
Children’s rights are human rights specifically adapted to the child
because they take into account his fragility, specificities and age-
appropriate needs.
Children’s rights take into account the necessity of development of the
child. The children thus have the right to live and to develop suitably
physically and intellectually.
Children’s rights plan to satisfy the essential needs for a good
development of the child, such as the access to an appropriate
alimentation, to necessary care, to education, etc.
Children’s rights consider the vulnerable character of the child. They imply
the necessity to protect them. It means to grant a particular assistance to
them and to give a protection adapted to their age and to their degree of
maturity.
So, the children have to be helped and supported and must be protected
against labour exploitation, kidnapping, and ill-treatment, etc.
Rights and duties of parents towards children
Article 31(4) provides that it is the right and duty of parents to care for
and bring up their children. This duty falls on both parents.
Article 31(5) provides that children should never be separated from their
parents, families, except according to the law.
Article 34 emphasises the duty of parents to care for and bring their
children and that duty is classified in 3 categories:
(i) Protection from social and economic hazards
(ii) Duty to raise and educate them
(iii) Duty to provide necessities of life.
Section 6 provides for parental responsibility: every parent or guardian
shall have parental responsibility for his/her child. And where the natural
parents of a child are deceased, parental responsibility may be passed on
to relatives of either parent, or by way of a care order, to the warden of an
approved home, or to a foster parent.
Section 86 requires parents to consult jointly on the upbringing of the
child as long as circumstances permit.
Guiding principles in issues concerning children
These are provided for section 3 and in the 1 st schedule of Children Act.
These guiding principles must be followed before any decision affecting
the child is made.
The welfare principle is the paramount consideration when taking a
decision that may affect a child’s administration of property or any arising
from enforcement of child’s rights.
(i) Time: is of essence when dealing with matters concerning children
because delay may be prejudicial to the welfare of a child.
(ii) Ascertainable wishes and feeling of a child: must be looked at
considering the age and understanding of a child.
(iii) A child’s physical, emotional and educational needs must be
considered
(iv) The likely effects of any changes in the child’s circumstances.
(v) The child’s age, sex and background. In the case of NAKAGWA Vs
KIGGUNDU (1978) HCB 310, the welfare issue was raised. The
welfare principle was incapable of exact definition but could be read
in turn to mean that all the circumstances affecting well being of a
child have to be taken into consideration, as well as age,
background. The decision should be to promote the best interest of
the child.
(vi) Any harm that the child has suffered or is likely to suffer
(vii) The capacity of the child’s parents/guardians in meeting the child’s
needs (financial capacity)
(viii) Citizenship of the bank and parents
(ix) Health of the parents/guardians.
