Child Protection Theory and Practice, MA SSPM, Makerere University.

1. Mitigation Measures (remedies) for Child Protection By James Kimera Ssekiwanuka, PhD8th November, 2012 Child Protection Theory and Practice, MA SSPM, Makerere University.

2. What is Child Protection? • CP is about 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. • What are the dynamics and parameters of CP? • What are the main CP issues? • How do global trends affect child protection in Uganda and what is the way forward?

3. Child Protection Dynamics are over Emphasized. Discuss Child Protection Issues are premised on CRC: • Child Abuse • Child Labour • Child Neglect • Child Prostitution • Child Trafficking • Child Mothers/Teenager Mothers • Defilement • Orphan hood

4. CP Issues • Child Rights Violations…relate to all forms of harmful acts to children such as torture, war crimes, or sexual abuse, political, racial, or religious persecution, and other inhumane acts. • Vulnerability... as a state of being in a risky situation, where a person below 18 years of age is likely to suffer significant physical, emotional or mental harm that may result in their human rights not being fulfilled. • Resilience... one’s capacity and ability to cope with an insecure and violent situation without significant 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. • Participation…a process of creating a free and conducive environment for children to actively engage in issues influencing their rights and enjoyments. • Participation enhances children’s capacity to improve or change their own lives leading to equity and empowerment (Kirby and Woodhead, 2003).

5. Mitigation Measures:1. Legal and Policy Frame work • International Standards in Child Protection: i)The Universal Declaration of HR 1948 ii)The UNCRC 1989 ii)The African Charter on the Rights of Children 1990 and operationalized in 1999. iii) International Labor Convention on the Elimination of the worst Forms of Child Labor, Convention no. 182. • National legal standards Identify what works and what does not work with the present laws in place in relation to child protection work.

6. 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. • Districts’ Ordinances. • Lower Local Council/ government By-Laws. • Succession Act Cap 162, • Domestic violence Act 2010. • Marriage Act 2010.

7. National Policies in Regard to Child Protection • The National Policy for Internally Displaced Persons 2004 • Uganda Gender Policy • National Child Labor Policy • National Youth Policy • Uganda National Land Policy • National Council for children Policy • The National Health Policy • National Strategic plan on HIV/AIDS 2007/8-2012/12 • National Child Participation • The Education Policy • The National OVC Policy • Guide for the national Quality Standards for Child protection, Care and support of OVC in Uganda

8. Mitigation Measures:2. Millennium Development Goals • Eradicate Extreme poverty and Hunger • Achieve Universal Primary Education • Promote Gender Equality and Empower women • Reduce Child Mortality • Improve Maternal Health • Combat Diseases..HIV/AIDS, malaria etc • Ensure Environmental Sustainability • Develop a Global Partnership for Development

9. 3.Rights Based Approach • This is based on international human rights standards and directed to promoting and protecting human rights. A RBA integrates the norms, standards and principles of the international Human Rights system into plans, policies and processes of development. • RBA focuses on raising levels of accountability in the development process by identifying claim- holders and their entitlements and corresponding duty bearers and their obligations. Here the governments are obliged to increase the poor’s access to information and knowledge and give an enabling space where the poor can effectively engage in dialogue and consultation.

10. 4. Building a Protective Environment A protective environment is one which has the capacity to guarantee the overall children’s rights as well as appropriately respond to any infringements on these rights. This helps prevent and respond to violence, abuse and exploitation. • Strengthening government commitment and capacity to fulfil children’s right to protection • Promoting the establishment and enforcement of adequate legislation • Addressing harmful attitudes, customs and practices • Encouraging open discussion of child protection issues that includes media and civil society partners • Developing children’s life skills, knowledge and participation • Building capacity of families and communities

11. 5. Community Based Child Protection Approaches • Community Based Child Protection Approaches are practices used to incorporate the knowledge and opinions of the local people in the planning and management of child protection interventions and programs. • Community-based child protection approaches have been recognized as an important way of mobilizing communities around child protection, and for preventing and responding to child abuse, neglect, exploitation and violence.

12. 6. Continuum of Care (I) A continuum of care is a set of services for helping children and families at risk. These services can help to resolve problems before they arise or help prevent them from becoming worse. The continuum of care involves the following elements: • Prevention…awareness on rights • Early Intervention …counselling, IGAs, home visits • Specialized Services…medical care, legal services, residential care and other supportive services Post permanency Services…. These services can include referrals and follow ups, as well as ongoing specialized services for both children and their caregivers.

13. 7. 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.

14. Conclusion • Children’s rights to protection from violence, abuse and exploitation are clearly laid out in international law, the legal standards of regional bodies and in the domestic laws. This also reflects a basic human consensus that a world fit for children is one in which all children are protected. • The most important actors in any child’s life are often, and should most often be, his or her parents. As such, the family can be the single most important factor in determining whether or not a child is protected. Conversely, however, given the centrality of the family in the child’s life, it can also be a frequent source of violence, abuse and exploitation. • The Convention places considerable emphasis on the role of the family in raising children and recognizes the right of the family to protection and support. Article 5 makes clear the responsibility of the State in protecting and respecting the role of the family.

15. 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 (consequences) of misconduct for those failing to follow the policy

16. Conclusion continues Areas that have potential concern with regard to child protection: • • Economic and development policies; • Security measures • • Education policies; • Health policies; • Criminal law • • Trade provisions; • Labour legislation; • Media regulation • • Emergency legislation (for example, in conflict situations) • • Social welfare policies; • Child-care policies; • Immigration • • Taxation • Child Participation: Children have a right to express their views on decisions affecting them. • Children know their situation. Involving children empowers them, contributing to their protection. • Developing national and international cooperation: Given the challenges involved in working on CP, the chances of success are always increased by working with partners.

17. References Question: Professionally competent child welfare practitioners successfully underpin the mitigation measures for child protection whenever they work in the world. Discuss. • Hill, M (ed) (1999) Effective ways of working with children and their families. London, Jessie Kingsley • http://www.pbs.org/parents/childdevelopment/ • Save the Children Sweden.(2006). Child Protection in emergencies. • UNICEF (2008). UNICEF Child Protection Strategy. Annual Session, 2008 • htt/www.unhcr.ch/development/approaches-04.html • UN Convention on the Rights of the Child (1989) • Government of Uganda .( 1995). The Constitution of the Republic of Uganda, Kampala Uganda.

18. Word of Wisdom • We know that if we change the way we look at things, the things we look at change.  The Law of Thinking shows us that the way we think brings the results we have in our life. •  A great strategy for success is to look at our current results, for insight into what we are truly thinking in our heart.  Once we see the results that stem from our thoughts, we can consciously make the choice to keep thinking those same thoughts or to change them.