UNDERSTANDING CHILD RIGHTS

from Global /Regional /National

context

By

Dr.T.Marirajan
Senior Lecturer
Dept of Social Work
DMI.ST-Eugene University
Zambia
WHO ARE YOU?

A few years
ago you too
were
Children...

What do you feel

when you think of
children?
WHO IS A CHILD?
In this presentation, a child is defined
as any person aged between 0 and 18
years. The definition is guided by the
National Child Policy (2016) and the
Zambia Constitution (2016)
LEGAL DEFINITIONS
According to Child age

1. The Constitution Action 2006 0 – 18 Year

2. Employment of Young Persons and Children's Act 0 - 15 years

3. Anti-Gender Based Violence Act No.1 (2011) 0 - 16 years

4. Education Act, 2011 0 - 16 years

5. The Employment Act (1964) 0 - 15 years

6. Juvenile Act (1999) – Girl Child 0 - 16years

 SOME KNOWN FACTS
 More than half the population (56%) are children
 In 2015, 1,015,477 orphaned children aged from 0 to
18 years which constitutes 11%
 Incidents of poverty is 54.4% (76.6% in Rural area and
23.4% in Urban areas) and 41% are in extremely poor
 CSO in 2012 estimated that 905,151 children belongs
to child labors category in which 68.7% are from rural
areas and 31.3% are in urban areas.
 40% of under – fives are stunted and 17% are severely
stunted
 …….Continued
Neonatal mortality in the most recent period (2009 – 2013) says,1
out of every 22 Zambian children die before reaching the age 1
Under -5 mortality rate is 75 deaths per 1,000 live births, which
means 1 out of every 13 Children does not live to see their 5th
birthday.
In 2015, the out of school children were about 8% of the total
primary school enrolment.
Among this, Completion rates are not impressive in higher grade –
85.8% 57.3% and 30.8% of the learners completed grade 7,9 and 12
respectively.
One in five Zambian women have experienced sexual violence at
one point of their life . Among those, 15% and 20% reported their first
sexual assault experience before 14 years and 15 to 19 years of age
respectively
HOW ARE YOUR CHILDREN?
ARE THEY LIKE OR LIKE THIS….
THIS….
 WHAT ARE RIGHTS…?

Your Right is what someone else must

do for you
Your right is also about what other must
not do to you (such as discriminate,
use violence)
Rights are entitlements
Rights are indispensable
In conclusion .....
Who is child:
Children are defined in the CRC as all those below the
age of 18 years.
Childhood:
It is recognized in the Universal Declaration of Human
Rights as a period “entitled to special care and
assistance.”
Child rights:
A set of legally binding norms and standards for the
care and protection of children – that apply to all
children at all times in all situations
 International Perspective on
Child rights
Why Do We Have International Laws?
◘ To establish and support the international system.
◘ To provide legal rules to resolve multi-national disputes.
◘ To help maintain peace internationally.
What is a Convention
A convention is a specific type of international law. It is an
agreement or compact, especially among nations, usually
created within an international organization such as the
United Nations. Countries must..
1. Sign
2. Ratify
3. Monitor and Enforce the treaty
International Perspective
Internationally, Children’s rights are governed by the
“Convention on the Rights of the Child” as provided for by
the United Nations through the United Nations Children’s
Fund.
Key treaties and ratification by Zambia Government:
• United Nations Child Rights Convention – Ratified 6th Dec 1991
• Convention on the Elimination of All forms of Discrimination
against Women (CEAFDAW) – Ratified 21 June 1985
• Convention on the Rights of Persons with Disabilities (CRPD) -
Ratified 1st Feb 2010
• ILO Convention on the Minimum Age for Admission to
Employment – Ratified 09th Feb 1976
• ILO 1999 Convention on the Worst Forms of Child Labour
No.182 – Ratified 10th Dec 2001
• African Charter on Human and Peoples’ Rights – Ratified 10th
June 1984
• African Charter on the Rights and Welfare of the Child – Ratified
2 Dec 2008
UNITED NATIONS CONVENTION ON
THE RIGHTS OF THE CHILD

Significant features:-
 Applies equally to both girls and boys up to
the age of 18, even if they are married or
already have children of their own.

 It obligates the state to respect and ensure

that children get a fair and equitable deal in
society.
PREAMBLE
 Acknowledges the family as the
fundamental unit of society and the
natural environment for the growth and
well-being of children

 Family should be afforded the necessary

protection and assistance
CRC four guiding principles
Non-discrimination

Best interests of the child

Life, survival, and development

Participation
Group Work / Exercise
• As a child rights activist / care giver, do
you face any challenges in terms of
practicing guiding principles of UNCRC
in real time situations.
• If so, list any five challenges and explain
• If not, tell about your practical
experiences of practicing of UNCRC
guideline
 Rights under the CRC
Survival and development rights
Rights to the resources, skills and contributions
necessary for survival and full development
Protection rights
Protection from all forms of child abuse, neglect,
exploitation and violence
Participation rights
Entitled to express their opinions and to have a say
in all matters that affect them
Convention on the Elimination of All
forms of Discrimination against
Women (CEAFDAW)

• CEDAW adopted in 1979 by the UN

General Assembly, is often described
as an international bill of rights for
women. Consisting of a preamble and
30 articles, it defines what constitutes
discrimination against women and sets
up an agenda for national action to end
such discrimination.
 Convention on the Elimination of All
forms of Discrimination against
Women (CEAFDAW)

• By accepting the Convention, States commit

themselves to undertake a series of measures to
end discrimination against women in all forms,
including:
– to incorporate the principle of equality of men and women in their
legal system, abolish all discriminatory laws and adopt appropriate
ones prohibiting discrimination against women;
– to establish tribunals and other public institutions to ensure the
effective protection of women against discrimination; and
– to ensure elimination of all acts of discrimination against women by
persons, organizations or enterprises.
 Convention on the Rights of Persons
with Disabilities (Article 7)
1. States Parties shall take all necessary measures to ensure the
full enjoyment by children with disabilities of all human rights and
fundamental freedoms on an equal basis with other children.
2. In all actions concerning children with disabilities, the best
interests of the child shall be a primary consideration.
3. States Parties shall ensure that children with disabilities have
the right to express their views freely on all matters affecting
them, their views being given due weight in accordance with their
age and maturity, on an equal basis with other children, and to be
provided with disability and age-appropriate assistance to realize
that right.
ILO Conventions &
Recommendations on Child labour
• Many Countries adopted legislation to
prohibit or place severe restrictions on
the employment and work of children
• ILO Convention # 182 on the worst
forms of child labor; and
• ILO Convention # 138 on the minimum
age for admission to employment and
work
 Regional Perspective
African Charter on the Rights and
Welfare of the Child (ACRWC)
 It provides basis for AU members to designing Child
related legislation, policies and programmes
 It sets out the civil, political, economic, social and
cultural rights of children in Africa such as
 Rights and Welfare of the child
 Establishment and Organization of the
committee on the Rights and Welfare of the
child
 Mandate and Procedure of the committee
 ……… Continued
With regards to family life and alternative
care, the ACRWC specifically addresses:
parental responsibilities; separation of
children from parents by internal
displacements arising from armed
conflicts; family reunification; maintenance
of the child; and abuse, neglect and
exploitation, including psychological
recovery and social integration.
SADC Action on Orphans,
Vulnerable Children and Youth

• A SADC Minimum Package of Service

to the target group identifies the basic
and complementing needs and services
in the following categories - Education
and Vocational skills; healthcare and
sanitation; food security and nutrition;
child and youth protection and safety;
psycho-social well being; and social
protection
 National perspective
The Constitution
The constitution act of Zambia (2016) provides the definition of a Child
(consistent with the UNCRC) as a person who has attained, or is below,
the age of 18 years
It also provides for the establishment of the Children’s court under section
133, sub section 2 under the establishment and composition of the High
Court of Zambia
Part IV of the constitution, section 35 sub section 2 states that “ a child
found in Zambia who is, or appears to be, of not more than eight years
of age and whose nationality and parents are not known, shall be
presumed to be a citizen by birth.
Section 38 states that “a child who is not a citizen and who is adopted by a
citizen shall be a citizen on the date of adoption.
Under Section C, the Constitution provides exclusive functions of local
authorities which include provision of child-care facilities
Simulation of Child Protection
Rights as Enshrined by Zambia’s
Legislative Framework
The Constitution Act
(2016)

The Bill of Rights

Draft Children’s Act

(2017)

Secondary Secondary Secondary Secondary

Legislation Legislation Legislation Legislation (Acts of
(Health) (Education ) (Nutrition) Violence)
 Bill of Rights
Section 15 (4) – Court shall not impose a death sentence on
a convict who is child
Section 38 (4) – Allow both men and women become
guardianship or adoption of child
Section 48 – under “Special and further rights of children”
clearly spell out that ‘a child is equal before the law’
The section spells out child protection and rights (civil and
political), nationality, registration of birth to a name,
protection in times of armed conflict etc.
All other provisions and clauses (except for employment and
labor practices) that apply to other groups of people also
apply to children
Other Legal frame work that provide
protection and promotion of children’s
rights include
The Country has 27 pieces of legislation tackles
different issues in children’s issues
1. Adoption Act (1956)
2. Affiliation and Maintenance of Children’s Act (1995)
3. Anti-Gender Based Violence Act No.1 (2011)
4. Anti-Human Trafficking Act No.1 (2008)
5. Birth and Deaths Registration (1973)
6. Citizenship of Zambia Act (1977)
7. Criminal Procedure Code Act (1934)
8. Education Act, 2011 Chapter 313
…….. Continued
9. The Education Act (2011)
10. The Employment Act (1964)
11. Employment of Young Persons and Children Act (1933)
12. Examinations Council of Zambia Act (1994)
13. Immigration and Deportation Act (1962)
14. Inquests Act (1961)
15. Intestate Succession Act (1994)
16. Juveniles Act (1999)
17. Legitimacy Act (1973)
18. Maintenance Order Act (1994)
…….. Continued
19. Matrimonial Causes Act (2007)
20. National Food and Nutrition Commission Act (1995)
21. Passports Act (1994)
22. Persons with Disabilities Act (2012)
23. Public Health Act (2004)
24. Termination of Pregnancy Act (1998)
25. Widows and Orphans Pensions Act (1994)
26. Wills and Administration of Testate Estates Act
(1989)
27. Workers Compensation Act (2000)
Births and Deaths Registration
Act (1973)

• This law broadens the definition of a

child to include an illegitimate child and
also recognize still born as child if the
pregnancy was at least 28 weeks.
 Adoption Act (1956), Chapter 54 of the
Laws of Zambia
• The act regulates the making of
arrangements by adoption societies and
other persons in connection with the
adoption of children, provides for the
supervision of adopted children and
restricts the making and receipt of
payments in connection with the adoption of
children
 Anti-Human Trafficking Act
No.1 (2008)
• This act provides for the prohibition, prevention,
prevention and prosecution of human trafficking
• Notably, the act has domesticated the Protocol to
Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children, supplementing the
United Nations Convention against Transnational
Organized Crime.
• The act provides any person who involved offence liable
to a minimum of 20 years and if the victim is a child, the
offender liable to a minimum of 25 years imprisonment.
• The legislation provides for the domestication of the
Protocol to Prevent, Suppress and Punish Trafficking in
Persons, especially Women and Children,
 Education Act (2011),
Chapter 313
• Part 1 (Preliminary) the act defines a child as a person who
has not attained the age of 16, contrary to the UNCRC
• Under Part IV (Learners) in Section 14 the law provides for
‘right to education’, Section 15 outlines ‘free universal
education’ Section 16 states that the relevant minister will
‘determine school-going age’, Section 17 provides for
‘compulsory school attendance’ while Section 18 states the
‘prohibition of certain marriages’. In section 21 the Act
provides for ‘application for enrolment at public, aided or
community educational institution’ and Section 22, the law
outlines ‘provision of education for poor and vulnerable
children’.
 The Education Act (2011)
• This act firmly asserts a person’s right to
early childhood care, development and
education, as well as basic education,
including adult literacy and high school
education and recognizes the child’s right to
free basic education, makes it compulsory
and places the burden of responsibility on
the parent to ensure that a school-going
age child attends school.
 Juveniles Act, Chapter 53 of the
Laws of Zambia

• “Preliminary” provides the various

definitions and “General Provisions or
Protection of Juveniles” provides for power
of the commissioner for Juvenile Welfare
and Juveniles Inspectors
– Notice to be given by person receiving children
rewarding
 Anti-Gender Based
Violence Act No.1 (2011)
• This law defines a child as a person below 16years of age, contrary to other
national laws and the UNHRC
• The Act provides for a definition of physical, mental, social or economic
abuse means any act, omission or behaviour or threat of any such act,
omission or behaviour which result in death or is likely results in direct
infliction of physical, sexual or mental injury into any person.
• The act provides for shelter for child victims to secure their physical safety
and basic material support and care.
• Section 30 on rehabilitation of victims of GBV, specifically requires that the
best interests of the child are taken into account when any assistance is
given to rescue, rehabilitate or reintegrate a child
• The acts also include provision for establishment of a GBV committee, GBV
funds, establishment of shelters for victims in all ten provinces of Zambia
and protection and occupation orders
 The Employment of Young Persons
and Children Act Cap 274 and its
Amendment Act No.10 of 2004
• This brings the domestic legislation in line with the
ILO convention 182 on the Elimination of the Worst
Forms of Child Labour
• The Act provides that a child under the age of 13
years cannot work and a child between the ages of
13 and 15 can engage only in light work
• The amendments also outlines the activities that
constitute the worst forms of child labour and
employs the same definition of light work as
provided for in ILO convention 138 on the Minimum
Age for Admission to employment.
 The Penal Code act 2003 & 2010
• This act enacted to enhance protection of children against
commercial sex exploitation, including prostitution and
pornography.
• This act deals with offences relating to child pornography,
harmful cultural practices against children, strengthening the
penalty against defilement, providing for stiffer penalties for
child trafficking and child prostitution.
• The Penal Code (Amendment) Act No.2 of 2011, now makes
it an offence to give pornographic materials to a child
• Chapter 25 provides for offences against liberty and
specifically details punitive measures against kidnapping,
abduction as well as unlawful compulsory law
Intestate Succession Act 1986
• This act aims to ensure adequate financial and
other provisions for the surviving spouse,
children, dependants and other relatives of an
intestate to provide for the administration of the
estate of persons dying not having made a will.
• Section 9, of the act provides for ‘surviving
spouse or child or both to be entitled to house or
20% of the estate.
 Comparision between International,
Regional and National Best practices
on Child Law
International Regional National
UN Convention on the The African Charter Zambia has several
Rights of the Child on the Rights and Legislations that reflect the
Wellbeing of the Child rights of children
complements the UN
ILO Convention # 182 The SADC Minimum No Specific Comprehensive
on the worst forms of Package of Services legislation on child protection
child labor for Orphans and and rights
Vulnerable Children
ILO Convention # 138 Best Practice in the National Child Policy frame
on the minimum age for region include Kenya work in place
admission to and South Africa Child rights are embedded in
employment and Work the Constitution and Bill of
Rights
 Policy Frame Work
The National Child Policy (NCP)
• This was launched in 2015 and provides guidance and
the institutional framework through which all child-related
programmes in the country were implemented.
• It developed based on the provisions of UNCRC and also
drawn lessons and best practices from sub-Saharan
Africa.
• The specific objective of NCP heavily influenced by child
poverty and lack of access to basic social services
• The objectives covers the main areas that boarder on
poverty which include health, basic education, food and
nutrition, water and sanitation and family welfare.
Challenges in the implementation of
NCP objective are still a dream……
• Lack of an overriding specific legislation which ought to be
owned by the Dept of Child Development (DCD) in MYSCD
• Policy inconsistency in the last six years, where DCD move
back and forth from one ministry to another. (MYSCD and
MGCD)
• Consolidated legislation already handed over to the Ministry
of Justice for drafting by MYSCD/Department of Child
Development
• In terms of efficiency, effectiveness, it is better to have child
focused body to undertake implementation and leave policy
matters with the MYSCD
Other Important Policies –
Education policy
• The policy shift outlined in the 2011 –
2015 education sector plan seeks to
expand early childhood education, re-
introduce free basic education and make
it compulsory and promote equitable
access to quality education and skill
training in addition to enhancing of re-
entry policy to increase girl child school
enrolment.
 Other Important Policies –
National Health policy
• The National Health Policy (2012) provides for
significant improving the nutritional status of Zambian
population particularly for children, adolescents in
childbearing age.
• The suggested policy measure includes strengthening
institutions dealing food and nutrition issues and its
coordination's mechanism, nutrition service delivery,
maternal and child health programme and
implementation of infant and young children feeding
programme, and access to essential vaccines.
 Other Important Policies –
National Social Protection
policy (2014)
• The social protection policy introduced a number of
interventions targeting the critically poor and most
vulnerable in order to improve their welfare and
livelihood.
• Current programming is based on four pillars namely
social assistance; social security; livelihoods; and
empowerment and protection from violence.
• The integrated cash transfer scheme is reaching an
increasing number of the poorest households
 The Minimum Standards for
Care for Child Care Facilities
(MSC)
• The 2014 MSC were developed to guide Child Care
Facilities in the provision of holistic care and support to
children placed there along the line with UNCRC, UNGA –
2009, and Juvenile Act, Cap 53 of the Law of Zambia.
• UNGA -2009 note the following: To provide appropriate care
and protection for vulnerable children, such as child victims
of abuse and exploitation, abandon children, children living
on the street, children born out of wedlock, unaccompanied
and separated children; internally displaced and refugee
children, children of migrant workers, children of asylum –
seekers; or children living with or affected by HIV/AIDS and
other serious illnesses
 National Child policy Objectives
Vs
Respective Institutional Mandates
Objective Institution with Mandate
1. Child Poverty 1. Ministry of Agriculture
2. Ministry of Fisheries and Livestock
3. Ministry of Youth, Sport and Child Development
4. Ministry of Community Development and Social
Welfare
5. Ministry of National Development Planning
6. Ministry of Finance
2. Child health, HIV/AIDS, 1. Ministry of Health
and Environment 2. Ministry of Lands, Natural Resources and
Environmental Protection
3. Integrated early 1. Ministry of General Education
childhood programme
4. Universal primary 1. Ministry of General Education
education
 ……. Continued
5. Leisure, recreation, 1. Ministry of Youth, Sport and Child Development
sport and culture 2. Ministry of Local Government
6. Global and national 1. Ministry of Youth, Sport and Child Development
partnerships on child 2. Ministry of National Development and Planning
development
7. Child Welfare and 1. Ministry of Youth, Sport and Child Development
Juvenile system 2. Ministry of Justice
8. Child Economic 1. Ministry of Labor and Social Security
Exploitation and child
labor
9. Child alcohol and 1. Ministry of Youth, Sport and Child Development
drug abuse 2. Ministry of Health
3. Drug Enforcement Commission
 ……. Continued
10. Child, sale, 1. Ministry of Youth, Sport and Child Development
trafficking, and 2. Ministry of Home Affairs
abduction
11. Child Sexual 1. Ministry of Youth, Sport and Child Development
exploitation and abuse 2. Ministry of Health
3. Ministry of Home Affairs
12. Children and Media 1. Ministry of Information and Broadcasting Services

13. Gender equity and 1. Ministry of Gender

empowerment
14. Orphans and 1. Ministry of Gender
vulnerable children
15. Children with 1. Ministry of Community Development and Social
disability Welfare
2. Zambia Agency for Persons with Disabilities
In terms of child protection, Zambia ranked 22 out of 52 in the index
ranking of child protection in the African Report on Child Wellbeing,
developed by the African Child Policy Forum.
Questions & comments