Ghana Child and Family Welfare Policy - 0
Ghana Child and Family Welfare Policy - 0
Ghana Child and Family Welfare Policy - 0
November, 2014
CHILD AND FAMILY WELFARE POLICY
TABLE OF CONTENTS
TABLE OF CONTENTS ............................................................................................... I
FOREWORD .............................................................................................................. III
DEFINITIONS AND CONCEPTS ............................................................................... IV
ACRONYMS .............................................................................................................. VI
EXECUTIVE SUMMARY .......................................................................................... VII
INTRODUCTION......................................................................................................... 1
1.1 COUNTRY CONTEXT ..................................................................................... 1
1.2 LEGAL AND POLICY FRAMEWORK .............................................................. 3
1.3 FORMAL CHILD AND FAMILY WELFARE SERVICES .................................. 4
1.4 COMMUNITY PROCESSES TO PROTECT CHILDREN IN URBAN AREAS
AND RURAL SETTINGS ............................................................................................ 5
1.5 HUMAN, FINANCIAL AND TECHNICAL RESOURCES .................................. 6
1.6 CHALLENGES IN THE CHILD PROTECTION AREA ..................................... 7
1.7 POLICY DEVELOPMENT PROCESS ............................................................. 7
POLICY FRAMEWORK .............................................................................................. 8
2.1. POLICY STATEMENT AND RATIONALE ....................................................... 8
2.2. POLICY GOAL AND OBJECTIVES ................................................................. 8
2.3 GUIDING PRINCIPLES ........................................................................................ 9
2.3.1 Non-discrimination.................................................................................................. 9
2.3.2 Best interests of the child ....................................................................................... 9
2.3.3 Right to survival and development.......................................................................... 9
2.3.4 Right to be heard (participation) ............................................................................. 9
2.4. BELIEFS, VALUES AND PRACTICES TO GUIDE POLICY
IMPLEMENTATION .................................................................................................... 9
2.4.1 Family and community cohesion and harmony ....................................................... 9
2.4.2 Sense of belonging to family and community ........................................................10
2.4.3 Common responsibility of families and communities .............................................10
2.4.4 Reciprocity ............................................................................................................10
THE CHILD AND FAMILY WELFARE SYSTEM ...................................................... 11
3.1 INTRODUCTION TO THE SYSTEM ................................................................... 11
3.2 PRIORITY AREAS .............................................................................................. 11
STRATEGIES FOR IMPLEMENTATION .................................................................. 12
OBJECTIVE 1 ........................................................................................................... 12
Strategy 1.1: Strengthening Community Structures........................................................12
Strategy 1.2: Early intervention through social protection ...............................................13
Strategy 1.3: Improved Child and Family Welfare Services ............................................14
Strategy 1.4: Alternative Care – when the child’s family is not an option ........................15
OBJECTIVE 2 ........................................................................................................... 15
Strategy 2.1: Regular coordination and improved information and data management....15
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OBJECTIVE 3 ........................................................................................................... 16
Strategy 3.1: Empower Children and Young People ......................................................16
Strategy 3.2: Empower Families through Social dialogue and change ...........................16
OBJECTIVE 4 ........................................................................................................... 17
Strategy 4.1: Social Welfare Resources and Capacity Building ......................................17
Strategy 4.2: Building Alliances with Civil Society Organizations....................................17
OBJECTIVE 5 ........................................................................................................... 17
Strategy 5.1: Legal and Policy Reform ..........................................................................17
OBJECTIVE 6 ........................................................................................................... 18
INSTITUTIONAL ARRANGEMENTS ........................................................................ 19
5.1 INTRODUCTION................................................................................................. 19
5.2 ROLE OF KEY MINISTRIES AND OTHER PUBLIC INSTITUTIONS ............ 19
5.2.1The Ministries .........................................................................................................19
5.2.2 The Parliament ......................................................................................................21
5.2.3 Other key Public Institutions ..................................................................................21
5.3 ROLE OF KEY NON-GOVERNMENTAL ORGANIZATIONS ........................ 22
5.3.1 INGOs, NGOs and CSOs ...................................................................................22
5.3.3 Community Leaders ...........................................................................................22
5.3.4 Faith-Based Organizations .................................................................................22
RESEARCH, ADVOCACY, MONITORING AND EVALUATION .............................. 23
6.1 RESEARCH AND ADVOCACY .......................................................................... 23
6.2 MONITORING AND EVALUATION .................................................................... 23
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FOREWORD
Ghana’s child protection system was fashioned along Anglo-Saxon traditions and
models. With time, the system has become uncoordinated and ineffective owing to
its colonial features and approaches which are not well suited to current needs of
Ghanaians. Every Child protection system should reflect the different traditions,
cultures, values and resources of beneficiaries if it is to work.
Opinions have been expressed by many Ghanaians across the length and breadth of
this country to institute a Child Protection System that is Fit for Ghana. The drafting
of the Child and Family Welfare Policy is in response to the justified calls made by all
key stakeholders in the area of Child Protection. This Policy taps into the positive
traditional values, principles and protective practices and mechanisms of an effective
system that resonates with Ghanaians and service providers. Since 2010, key actors
in the area of Child Protection have collaborated to work towards establishing and
strengthening a child protection system in the country that sets standards for
addressing issues in a holistic manner.
As we re-think of an appropriate system for children and families, there is the need to
lean on positive community structures to initiate and sustain dynamic dialogue
towards change and improvement of our beliefs, practices and outcomes for the
welfare of children, families and communities.
The processes involved in developing this policy has been guided by a high-level
Advisory Committee made up of stakeholders from Government, Non-Governmental
Organizations, Development Partners, Civil Society Organizations, Religious
Organizations, Traditional Leaders and Children. A Technical Committee was also
formed to further provide quality assurance.
By the tireless efforts of all these actors, I am proud to say that we have a policy that
bears the traits, values, aspirations, ideals and principles of Ghanaians. It is a great
pleasure to present this policy to all stakeholders in the child protection arena as I
call on all to renew our commitments towards the promotion of the welfare of
children.
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The characteristics cited are not exhaustive; they present some considerations
related to the concept of childhood. These are not stand-alone characteristics but
should be considered as a combination of two or more.
Child and Family Welfare System: Child and Family Welfare System comprise of
laws and policies, programmes, services, practices and structures designed to
promote the well-being of children by ensuring safety and protection from harm;
achieving permanency and strengthening families to care for their children
successfully. This Policy understands that a child is an integral part of the family, as
such, a child’s welfare cannot be separated from that of the family.
This Policy is concerned with both the ‘formal’ component of Child and Family
Welfare system (i.e. those governed by laws, policies and regulations and delivered
by state institutions) and the ‘informal’ (i.e. those that are based on community and
traditional processes and resources).
Child Protection: Child Protection seeks to guarantee the right of all children to a life
free from violence, abuse, exploitation and neglect. The many actors engaged in
child protection include children and youth, families, communities, government, civil
society and private organisations.
Community: Community is primarily a basic social structure that groups families and
households in different contexts within urban or rural settings for their common
interests.
Community structures: This Policy refers to family and social structures especially
in rural settings that recognise traditional authorities such as family heads, chiefs,
queen mothers, and elders.
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Rural community structures may also include committees, teams and networks with
interest in child protection.
In the urban settings, community structures include District Assemblies and other
formal state institutions, to which children and families have recourse.
Family: Family is defined as a group of people related by blood, marriage, law (in the
case of adoption), common identity as well as lineage and ethnic group.
o Nuclear family: is typically defined as a family group that consist of only mother,
father and children.
o Extended family: is typically defined as a family that includes near relatives in
addition to the nuclear family.
For the purpose of this Policy, the definition of family is guided by traditional and
cultural norms which often go beyond the concept of nuclear family.
Harm: Harm is the result of the exploitation, violence, abuse and neglect of children
and can take many forms, including impacts on children's physical, emotional and
behavioural development, their general health, their family and social relationships,
their self-esteem, their educational attainment and their aspirations.
Welfare: The Policy defines welfare as guaranteeing the availability of the basic
necessities of life as well as minimising the levels of violence, exploitation, abuse and
neglect. The welfare of a person is safeguarded when certain human and financial
resources as well as psychological and material conditions to provide a reasonably
comfortable, healthy, safe and secure living are assured.
Young People: Young people is defined as those as persons between the ages of
15 and 24.
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ACRONYMS
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EXECUTIVE SUMMARY
Children in Ghana often live in closely-connected families where members of the
extended family participate in their care and protection. However, child maltreatment
is assuming worrying heights, according to reports. Corporal punishment, domestic
violence, sexual abuse, sexual violence and exploitation are prevalent. Other
challenges are children living and/or working on the streets, early marriage, female
genital mutilation/cutting and the trokosi system of ritual enslavement persist in
certain regions of the country.
For children and families, the main entry points into the existing Child and Family
Welfare System are the police and social welfare agencies; but these institutions are
hampered by a general lack of financial and human resources to effectively deliver
services. Community structures – mostly led by family heads, religious leaders,
chiefs, queen-mothers and assembly members - often emphasise compensation,
reconciliation and restoring harmony in the family and community over the needs of
the child who has been harmed.
This Child and Family Welfare Policy therefore seeks to establish a well-structured
and coordinated Child and Family Welfare system that promotes the wellbeing of
children, prevents abuse and protect children from harm. The overall goal of the
Policy is to help formulate child and family welfare programmes and activities to more
effectively prevent and protect children from all forms of violence, abuse, neglect and
exploitation.
The main objectives of the Policy are: i] to design child and family welfare
programmes and activities to more effectively prevent and protect children from all
forms of violence, abuse, neglect and exploitation; ii] to ensure effective coordination
of the child and family welfare system at all levels; iii] to empower children and
families to better understand abusive situations and make choices to prevent and
respond to situations of risk; iv] to build capacity of institutions and service providers
to ensure quality of services for children and families in urban and rural areas; v] to
reform existing laws and policies to conform to the Child and Family Welfare system;
and vi] to ensure provision of adequate human, technical and financial resources
required for the functioning of the Child and Family Welfare system at all levels
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To achieve the objectives of the Policy, ten (10) strategies have been identified as
follows: i) strengthening community structures; ii) early intervention through social
protection; iii) improved child and family welfare services; iv) provision of alternative
care; v) improved coordination, and data and information management; vi)
empowering children and young people to protect themselves from harm; vii)
empowering families in their role as primary care-givers; viii) ensuring adequate
resources and building capacity of social welfare services providers; ix) partnerships
with civil society organizations; and x) legal reform.
The Policy provides guidance to the role of specialised services, especially the
expectations on the Department of Social Welfare and Community Development at
district level to more closely interact with families and communities and help facilitate
solutions when problems arise with emphasis on promoting welfare and restoring the
well-being of the child, the family and the community. It also gives greater flexibility
and discretion to social workers at local level.
The Ministry of Gender, Children and Social Protection will lead and coordinate
implementation of the Policy while other key line ministries, departments and
agencies have been identified to perform various roles and responsibilities as critical
contributors to successfully reform the Child and Family Welfare system.
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INTRODUCTION
1.1 Country context
Although the extended family network remains intact in much of the country, poverty,
rapid rural–urban migration patterns and family breakdown are resulting in the break-
up of extended family support networks and undermining the commitment to care for
children by lineage groups.2 Similarly, informal fostering takes on abusive dimensions
when it means little more than food and shelter in exchange for labour, with no
provision made for attending school.3 However informal, foster care continues to be
the primary strategy used to ensure that care, support and protection for children
remains fundamental to their socialisation and upbringing and should be recognised
for the value it brings in the majority of cases.
Only a small number of children enter the formal care system. According to the
Department of Social Welfare (DSW), a total of 4,457 children in 2012 lived in formal
care, representing 0.0004 per cent of the child population.4 Nearly all of them (99 per
cent) were placed in institutional care, despite efforts to deinstitutionalise children.
Physical and sexual abuse is of a particular concern; the number of cases officially
reported to the DOVVSU of the Ghana Police Service increased from 1,128 in 2002
1
Ghana Statistical Service, Multiple Indicator Cluster Survey, Government of Ghana, 2011.
2
UNICEF and Ministry of Employment and Social Welfare, Social Protection for Children: Opportunities
and challenges in Ghana, UNICEF, Accra, 2009.
3
Ministry of Women and Children, Children in Ghana, Government of Ghana, Accra, 2009.
4
4,457 of 11,174,000 people younger than 18, according to UNICEF, 2011.
5
According to a 1999 survey, 20 per cent of women and girls across all regions of Ghana reported that
their first sexual intercourse was forced upon them (including 17 per cent of girls aged 10–14 and
64 per cent of girls aged 15–18).
6
Department of Children and Youth and Broadcasting (CURIOUS MINDS), The voices of Ghanaian
Children on Corporal Punishment, UNICEF and Ministry of Women and Children’s Affairs, 2009
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to more than 1,600 in 2009.7 Surveys, however, suggest that the actual prevalence of
violence is significantly higher than formally reported. A 2009 study conducted in
selected schools found that 14 per cent of school children surveyed had been
sexually abused, with 53 per cent of sexual abuse occurring in school and 47 per
cent happening at home.8
Domestic violence appears to be pervasive, with 29.5 per cent of all cases reported
to the DOVVSU in 2012 being wife battery/assault. Nearly 60 per cent of women
surveyed across the country believed that their husband or partner is justified in
beating or hitting them for at least one reason or the other.9
It is estimated that there are approximately 33,000 children living and/or working on
the streets. The majority are girls and they remain particularly vulnerable to sexual
violence and sexual exploitation.10
The traditional practice of engaging children in work alongside their parents to teach
them necessary skills has at times taken on exploitive dimensions. Preliminary
findings from the Ghana Living Standard Survey (GLSS) in 2013 found that 23.4 per
cent of children aged 5–14 years were engaged in some form of economic activity.
Those children were mainly involved in the services industry, mining and quarrying,
apprenticeships and household help.11
Ghana has been identified as a “source, transit and destination” country for human
trafficking.12 Children’s vulnerability to trafficking has arisen largely due to poverty
and lack of opportunities in rural areas. For the most part, children are trafficked from
the poorer regions of the country to urban centres, forced into exploitive labour in
fishing, agriculture, mining, portering, street vending and domestic service.13
Although prohibited, early marriage, female genital mutilation/cutting and the trokosi
system of ritual enslavement persist. Nationally, the incidence of female genital
mutilation/cutting is relatively low, at 3.8 per cent; however, the incidence in the
Upper East and Upper West regions is significantly higher than the rest of the
country, at 27.8 per cent and 41.1 per cent, respectively.14 The trokosi system is
practised, though less openly, in districts of the Volta region, with an estimated 2,500
girl victims.15 Regarding early marriage, the MICS (2011) estimated that 27 per cent
of women aged 20–49 were first married before the age of 18.16
7
This includes cases of rape, defilement, indecent assault and incest.
8
CRECENT, Report on Child Sex Abuse in Schools, PLAN Ghana, Accra, 2009.
9 Ghana Statistical Service, Multiple Indicator Cluster Survey, Accra, Government of Ghana, 2011.
10 National Street Children Policy Framework 2006.
11 Ghana Statistical Service, Ghana Living Standards Survey 6, First Quarter Labour Report,
Ghana’s report, Accra, 2007; International Organisation on Migration (IOM) Ghana, Baseline on Child
Trafficking Northern Region, Trafficked Children at Work, 2006; UNICEF, Mid Term Review Report –
Child Protection, Accra, 2008.
14
Ghana Statistical Service, Multiple Indicator Cluster Survey, Accra, Government of Ghana, 2011.
15
Ministry of Women and Children’s Affairs and UNICEF, Children in Ghana, UNICEF, Accra, 2009.
16
Ghana Statistical Service, Multiple Indicator Cluster Survey, Accra, Government of Ghana, 2011.
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Registration rates of children below the age of 5 has increased in recent years from
17 percent in 2002 to about 65 percent in 2013. The last few years, however, there
has not been an increase in the coverage and there are pockets in the country where
only about 25 percent of children are registered.17
The 1992 Fourth Republican Constitution establishes the rights of the child and
provided the framework for the enactment of appropriate legislation to protect the
rights of children
The Children’s Act, 1998 (Act 560) provides for the rights of the child and covers
issues of parental duties and responsibilities, maintenance, adoption and fosterage; it
protects children from exploitative labour and child marriage and stipulates
responsibilities for care and protection of children. The Juvenile Justice Act 2003 (Act
653) also deals with the child in conflict with the law.
Other national laws on children include); Criminal and other Offences Act, 1960 (Act
29); Intestate Succession Act, 1985 (PNDCL111); the Human Trafficking Act, 2005
(Act 694; the Domestic Violence Act, 2007 (Act 732)
Child related policies and plans of action include the National Plan of Action (NPA)
on Child Labour and the Worst Forms of Child Labour, 2009-2015; the National Plan
of Action (NPA) on Orphans and Vulnerable Children (OVC), 2010-2015; the Early
Childhood Care and Development Policy, 2004; the National Domestic Violence
Policy and the Plan of Action, Hazardous Child Labour Framework; Gender and
Children’s Policy Standards have been developed for some child and family welfare
services, such as residential homes for children. Regulations are underway for
adoption and foster care.
There is no overarching, national policy for the delivery of comprehensive child and
family welfare services. The policies that have been articulated are mainly issue-
specific19 rather than providing an integrated approach aimed at strengthening core
child and family welfare services across issues. As a result, the services tend to
overlap and duplicate, both in terms of target group and types of initiatives.
17
Birth and Death Registry, Birth Registration in Ghana a Bottleneck Analysis for improved coverage
that leaves no child out Bottleneck, UNICEF, Accra, 2013
18
This includes ILO Convention 182 on the Worst Forms of Child Labour, and the Convention on the
Elimination of All Forms of Discrimination Against Women. Ratification is still pending for the CRC
Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography; the Optional
Protocol on Children in Armed Conflict; and the Optional Protocol on a Communication Procedures
and well as the Trafficking Protocol.
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Existing guidelines, protocols and procedures for social welfare officers and
probation officers are not adequate to carry out their mandates and responsibilities.
The Districts are also expected to establish child panels to mediate matters on the
rights of the child as mandated by the Children’s Act
The approach to child and family welfare services is responsive and legalistic - often
coming after a violation has occurred - with a focus on the rescue and removal of
children. The focus has been on shelter-based rather than family-based solutions,
despite efforts by the Care Reform Initiative (CRI) being implemented by the
Department of Social Welfare to promote family-based alternative care. 20
Child and family welfare services are generally informed by a narrow interpretation of
children’s best interests, which tend to consider a child as an individual and distinct
from the family. Although some counselling and parenting education is available,
formal family strengthening strategies are limited.
Several social protection initiatives have been formulated with consideration of the
challenges that children and families experience, such as the National Health
Insurance Scheme, the capitation grant for public schools, free school uniforms, free
bus rides for school children and the school-feeding programme. The Livelihood
Empowerment Against Poverty (LEAP) programme is the flagship among these
initiatives.21
Two of the main formal entry points for children and families to access child and
family welfare services are the police, in particular DOVVSU, and social welfare
officers. Protection cases that are dealt with by the police tend to be for children who
have already experienced serious maltreatment (such as criminal forms of
maltreatment). The focus of the police is primarily on investigating the perpetrator
and support services for child victims are quite limited.22 In addition, NGOs/CSOs
serve as entry points for the provision of child and family services. In some cases
they are the first point of call for child protection incidents. In some stances, formal
agencies rely on NGOs/CSOs for support services to victim of abuse.
The case load of social welfare officers is dominated by child custody and
maintenance disputes, consuming most of their time (49 percent of the close to
10,000 cases dealt with in 2009 by the child rights promotion and protection
programme of DSW related to child maintenance cases). The DOVVSU caseload is
equally dominated by child maintenance cases (67 percent of all children’s cases in
2009).23 Maintenance and custody disputes also constitute the bulk of children’s
cases referred to the Commission on Human Rights and Administrative Justice
(CHRAJ).
20
UNICEF/GOG, Mapping and Analysis of Ghana’s Child Protection System, 2011
21
Ministry of Employment and Social Welfare, Ghana National Social Protection Strategy (GH GNSPS),
Investing in People for a Better Ghana, Government of Ghana, Accra, 2012.
22
Ministry of Employment and Social Welfare, Department of Social Welfare Institutional Assessment,
Government of Ghana, Accra, 2007.
23
Mapping and Analysis of Ghana’s Child Protection System, 2011
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Section 17 of the Children’s Act makes it mandatory for any case of suspected child
abuse, neglect, exploitation or abandonment to be reported to and investigated by
the Department of Social Welfare. This does not happen in practice. There are
inadequate standard protocols or procedures that require police, teachers, health
care professionals and child care providers to report suspected cases of abuse to
social welfare authorities. There are also no formal referral links between district
welfare officers and teachers, school counsellors or health care professionals.24
Service providers and structures that could respond to child protection concerns at
local level include faith based organizations; teachers; health sector workers;
assembly members; child panels; family tribunals; District Assemblies and other
community structures. NGOs/CSOs, health and police services are choices for more
formal support.
Others include specialised services such as DOVVSU, safe houses, shelters
children’s homes and specialised Community Based Organizations (CBOs) although
many of these services are those which are also the least available, especially in
rural areas.
Community structures, including family elders, chiefs, queen mothers and other
service providers at local levels (community health workers, teachers) and
community groups have thus important roles in addressing child and family welfare
issues.
24
Ibid.
25
ibid.
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The Department of Children (DOC) has human resources at the regional level only.
Technical units related to children under the Ministry of Gender, Children and Social
Protection, such as the Domestic Violence Management Secretariat and the Human
Trafficking Secretariat do not have any presence at sub-national level.
The National Legal Aid Scheme is expected to provide free legal services for
vulnerable persons including children; however, they are also faced with inadequate
human and logistical resource at the regional and district levels.
The Judicial Service has taken steps to promote child justice specialisation at District
Court level through the appointment of Family Tribunal and Juvenile Courts. In Accra,
a separate full-time Family and Juvenile Court has been established with its own
facilities.
The Judicial Service has also started a court connected Alternative Dispute
Resolution (ADR) programme to which some child related cases are referred to.
Government budget is mostly for recurrent costs, not programs, and this affect the
implementation of child related programmes. Allocations to several key Ministries,
Departments and Agencies (MDAs) with mandate and responsibility for child and
family welfare are largely inadequate. For example, the 2014 allocation to the Child
Rights Promotion and Protection Programme of the DSW was GHS 971,272 or 1.53
percent of the total allocation to the Ministry. About 74 percent of that budget was
allocated for compensation of employees leaving only GHS 255,780 for programmes,
goods and services. In 2013, the Department of Children received as little as GHS
97,000 for programmes.
The funds provided for child related programmes are inadequate.
26
Figures provided by the Department of Social Welfare and the Department of Community
Development, November 2013.
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Disconnect between law and practice: Though a comprehensive legal framework for
the protection of the child has been established, there is a disconnect between law
and practice and between the law and community approaches dealing with child
welfare and protection issues. 27
Inadequate focus on prevention: Current services and programmes for child and
family welfare tend to respond to children in crisis - after abuse has occurred - with
limited focus on preventing child maltreatment although this would be more cost-
effective.
Focus on the individual child rather than the family as a whole: The approach of
current services and programmes is focused on the individual child - not on the family
as a whole. As a result, underlying factors contributing to the problem within the
family structure are not effectively addressed.
Inadequate capacity and quality of services: The formal child and family welfare
services do not have required capacity and reach to fulfil its mandate and
expectations. Formal services are largely inaccessible, especially in rural areas.
Inadequate resources: With the serious financial constraints faced by child protection
service providers, there is very limited support and care for children and families who
experience difficulties and for those who have experienced forms of maltreatment.
Numerous studies and reports, multiple meetings with the Advisory Committee
became the basis on which this Policy has been developed. A core team of technical
experts also reviewed the draft Policy.
27
This section is based on findings from a number of studies and research reports, including the 2010
System Mapping and Analysis of Ghana’s Child Protection System
28
This includes MDAs, MMDAs, traditional authorities, academia, NGOs, media etc
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POLICY FRAMEWORK
2.1. Policy statement and rationale
Policy Statement
This Policy seeks to establish a well-structured and coordinated Child and Family
Welfare system that promotes the wellbeing of children, prevents abuse and protect
children from harm.
Rationale
The rationale of this Child and Family Welfare Policy is to provide guidance to the
reform of child and family welfare programmes and activities and establish a
coherent system.
The Policy is applicable to each sector and is expected to provide guidance for
legislation, strategic plans, actions plans and intervention-specific standards and
protocols concerning the protection of children.
The overall goal of this Child and Family Welfare Policy is to establish an effective
child and family welfare system.
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Specifically, the Policy is guided by the key principles of the Convention on the
Rights of the Child, the 1992 Constitution and the Children’s Act, 1998 (Act 560) as
follows:
2.3.1 Non-discrimination
No person shall be treated differently or discriminated against on the grounds of race,
gender, ethnicity, religion, disability, socio-economic status or his or her geographic
location.
The Policy provisions are thus applicable to every child and family and all efforts
should be made to ensure the equitable distribution of support and services across
the nation.
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2.4.4 Reciprocity
The Policy acknowledges the value of reciprocity, which works to guarantee the
rights and obligations of each and every community member through mutual
understanding and respect for one another.
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The Child and Family Welfare System referred to as the System will focus on the
prevention of violence, abuse and exploitation of children. In addition, the system will
also protect and respond to children and their families when needed and provide
support to mitigate risks for vulnerable families.
It shall be a system that more effectively integrates the formal service provision with
informal, community-based processes and, in doing so, unifies families, communities
and state institutions to work together as a cohesive national system for the wellbeing
of children.
The System is further expected to have improved coordination between all actors
contributing to more effective use of resources, improved data and information
management.
The System will have the capacity to prevent and response to all forms of violence,
abuse, neglect and exploitation of children. Yet, three areas of particular concern
have been identified as priorities: These are:
3. Other protection issues concerning children, especially older children, that are
not brought about by a third party but result from individual risk-taking
behaviour. These include but are not limited to: unwanted pregnancy, illegal
abortion, unsupervised and/or risky use of the Internet, drug trafficking and
substance abuse, and gambling. A priority is also children in conflict with the
law.
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Objective 1: To design child and family welfare programmes and activities to more
effectively prevent and protect children from all forms of violence, abuse, neglect and
exploitation.
The strategies for achieving this objective are:
1.1. Strengthening Community Structures
1.2. Early Interventions
1.3. Improved Child and Family Welfare Services
1.4. Alternative care – when the child’s family is not an option
Objective 2: To ensure effective coordination of the Child and Family Welfare System
at all levels.
The strategy for achieving this objective is:
2.1. Regular coordination and improved information and data management
Objective 5: To reform existing laws and policies to conform with the Child and
Family Welfare System
The strategy for the achieving this objective is:
5.1. Legal and Policy Reform
Objective 1
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The Policy advocates that traditional leaders, Chiefs and Queen mothers shall be
responsible for facilitating dialogue and engagement through organised community
forums and debate on child and family welfare issues in order to help increase the
common understanding of issues and discuss different solutions and resources
available.
Chiefs and queen mothers should ensure that families are faring well and mobilise
support when challenges arise. In areas where there are no chiefs or queen mothers,
other community leaders and elders should assume this responsibility.
Due to their influence on people’s belief systems and personal behaviors, faith-based
organizations should:
support positive family values and non-violent behavior through
communication and education initiatives;
provide direct help to vulnerable families and serve as their advocates;
provide care and support services to families, children and adolescents;
participate in national co-ordination activities to minimize duplication and
enhance the establishment of complementary programmes, projects and
activities
Direct family support services that should be made available to address some of the
child protection and welfare challenges that families might experience include:
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State institutions must respond to child protection cases that are reported to them,
and in situations considered to be an emergency. The Child and Family Welfare
system would not depend solely on court processes for family engagement but would
make use of courts in criminal and some specific cases. The essence is to provide
greater flexibility and discretion to the social welfare officers to work with family and
community members when a child protection case is brought to their attention.
The emphasis of the System is on promoting welfare and restoring the well-being of
victims. Welfare cases should be addressed from a welfare perspective rather than
from a legal perspective. It is the responsibility of the Ministry of Justice and Attorney
General and law enforcement agencies to prosecute perpetrators.
A child protection case reported to the police must be referred to the Social Welfare
and Community Development Department; the police cannot decide on the removal
and placement of children unless it is for immediate safety. In such situations, the
placement of a child in an emergency situation must be decided by the Social
Welfare and Community Development Department.
When problems arise that go beyond the competence of a district, for example,
emergencies on a large scale or issues affecting more than one district (trafficking of
children for example), then national-level direct service delivery is provided, still
involving all relevant social welfare officers and community leaders.
The Social Welfare and Community Development Department at district level has the
responsibility to:
Support and engage with traditional processes and community structures at
the local level;
Provide prevention and response services
Identify community members to mentor and provide assistance to children
and families;
Create linkages between social welfare and social protection programmes.
Lead an initial inquiry into a child protection case, draw up an agreed plan of
action, and ensure action plan implementation.
Lead follow-up on child protection cases and monitor prevention and
response service delivery.
Collect and analyse data generated through service provision and share with
regional level.
In support of the functions of the Social Welfare and Community Development, the
Metropolitan, Municipal and District Assemblies (MMDAs) shall:
Ensure adequate staffing for child and family welfare in relation to the
population and the services to be provided as outlined in this Policy;
Ensure that resources are available;
Facilitate dialogue takes place with traditional leaders, community
representatives, civil society and faith based organisations about service
delivery;
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Facilitate direct dialogue with families in their communities about how best to
improve services;
Facilitate strong connections exist with other relevant social service providers
(health, education, social protection) to ensure consistency between and
integration of services.
Strategy 1.4: Alternative Care – when the child’s family is not an option
The Policy seeks to ensure the child is maintained within his or her family as much as
possible and only suggests removal of a child in case of immediate danger or if a
negotiated solution among all concerned parties cannot be agreed.
If families, communities and social workers do not find a solution to a given child
protection case, coercive action mandated by a court, such as a care order to
remove a child from their home, shall be considered to ensure the child’s immediate
and long-term well-being. This shall be considered as a measure of last resort.
Some exceptional cases may make it difficult to place a child in a typical family
network or a previously determined family option. These may include children
accused of witchcraft and children who have been abandoned, particularly linked to
an HIV or AIDS situation. Some children with severe disabilities may require access
to specialised services not available in their community.
As soon as a care order is issued, a costed care plan with steps to find long-term
family-based care (family reunification, foster care or adoption) must be established.
Services shall be made available to strengthen and rehabilitate the family and the
child, with the intent of reuniting them as soon as possible.
The placement of a child shall be sought within his or her family, within the same
community or a local placement as best as possible. A pool of pre-determined
persons, who are appropriate options, shall be established in all communities, rural
and urban, by the Social Welfare and Community Development Department social
workers, in collaboration with chiefs and elders.
Objective 2
Each Ministry, Department and Agency implementing the Policy shall monitor its
performance, analyse shortcomings and address these to contribute to the Policy
objectives.
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A time-bound, costed Action Plan for the implementation of the Policy shall be
developed by the Department of Children in consultation with key state institutions
and other actors. Implementation of the Action Plan shall be monitored at least every
6 months, based on inputs and up-dates from all stakeholders.
Objective 3
Efforts that make it possible for children to feel safe to discuss issues of
violence and abuse;
Children’s associations and support groups, including for vulnerable groups
such as children living on the street, survivors of child abuse, and children
with disability;
Children’s participation in decision making processes at family and
community level;
Inclusion of children’s voices in research, monitoring and assessments of chid
protection issues.
Families are particularly responsible for providing a safe environment for children,
based on love, security and protection from all forms of violence, abuse, exploitation
and neglect.
Under this Policy, community discussions, forums and debates shall be promoted to
empower families to prevent and take action against child protection concerns
through an open, frank, balanced and respectful dialogue.
The Social Welfare and Community Development Department at district level and
supported by civil society actors, shall lead these exchanges. The discussions will
raise awareness about community concerns and challenges related to child and
family welfare, determining common solutions and resources.
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Objective 4
The Government is responsible for determining the standards of work of civil society
organization and determining appropriate areas of interventions and support. It is the
Government that has the responsibility to negotiate agreements with civil society
organizations providing services or supporting interventions under this Policy.
Objective 5
Amendments to the Children’s Act 1998 (Act 560) will be required. Amendments to
the Juvenile Justice Act (2003) may also be warranted. Existing action plans, policies
and guidelines on specific child protection issues would be reviewed and amended in
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light of the provisions of this Policy. The MGCSP will lead the legal and policy reform
process in partnership with relevant ministries.
Objective 6
Strategy 6.1: Analysis of and Advocacy for Adequate Financial, Technical and
Human Resources
The Government shall make resources available for the implementation of the Policy.
The Child and Family Welfare system outlined in the Policy creates a cost-effective
and efficient system in that it is drawing on locally available resources and capacities
of community-structures as a way to ensure sustainability and greater efficiencies.
Government funded services will not replace community actions, but complement
them. Efforts will be made to ensure the appropriateness and sustainability of
community initiatives.
Budget analysis and public expenditure reviews in the area of Child and Family
Welfare issues.
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INSTITUTIONAL ARRANGEMENTS
5.1 Introduction
The implementation of the Child and Family Welfare Policy requires a well-defined
institutional framework to translate the goals and objectives into actual programmes
at national, regional, district and community levels. It requires political leadership and
commitment to sustain and support the reform of the Child and Family Welfare
System.
Key line ministries have been identified as critical to successfully reform the Child
and Family Welfare system and are therefore expected to incorporate the Strategies
outlined in this Policy into their core business.
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The Justice for Children Policy provides further guidance on expected role of Ministry
of the Interior and Ghana Police Service with regards to justice for children.
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The Department of Children will be responsible for the development of the national
research agenda on child and family welfare. The Department, in collaboration with
the Research Directorate (under MoGCSP), will ensure that research specific to child
protection issues is carried out directly, or through strategic partnerships, including
academic and research institutions.
The Department of Children will use evidence generated for advocacy, and make
such data and information available to inform national policy development,
programmes and interventions.
The Monitoring and Evaluation strategy shall be developed to fit the implementation
cycle of the Strategic Implementation Plan. The operational M&E strategy shall
involve:
o Quarterly / monthly updates (from all institution or organisations identified
and playing specific roles)
o Six monthly monitoring and Quality Assurance visits from the MoGCSP
o Annual Performance Reviews and Learning sessions including;
Annual policy review
Annual Institutional Capability Assessments.
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