Part 2: Social Welfare
OFFICE OF THE HEAD OF THE LOCAL GOVERNMENT SERVICES (OHLGS) rai i a al or Social Welfare a o i e elo e Facilitator’s Manual
PART TWO: DEPARTMENT OF SOCIALPart Two | Social WELFARE Welfare 1
OFFICE OF THE HEAD OF THE LOCAL GOVERNMENT SERVICES (OHLGS)
TRAINING MANUAL FOR SOCIAL WELFARE AND COMMUNITY DEVELOPMENT PART TWO
DEPARTMENT OF SOCIAL WELFARE @2020 All rights reserved. This publication may be reproduced as a whole, or in part, provided that the report and contributors are acknowledged. Notification of such would be appreciated.
Published by: The Office of the Head of Local Government Service
All pictures are from UNICEF Ghana For further information, contact: The Office of the Head of Local Government Service, P.O. Box MB 396, Ministries -Accra Tel: 0302-677929; Fax: 0302-662799; Email: [email protected]
This training manual was developed with technical support from UNICEF Ghana and with financial support from USAID’s Displaced Children and Orphans Fund (DCOF). OHLGS is responsible for the content of this manual. The content does not necessarily reflect the views and positions of USAID or UNICEF. Part 2: Social Welfare
Table of Contents
GENERAL INSTRUCTIONS FOR FACILITATORS 7
MODULE 1: SKILLS AND CORE COMPETENCIES FOR SOCIAL WORK 8 01 Session 1: Background and Introduction 9 Session 2: Understanding Social Work, its Core Values and Ethical Principles 12
MODULE 2: CHILD PROTECTION AND FAMILY WELFARE 17 02 Session 1: Who is a Child, and what are the Basic Rights of a Child 18 Session 2: Child Protection Violations: Prevention and Response 23 Session 3: Child and Family Welfare 31 Session 4: Alternative Care for Children 38 Session 5: Some Key Child Protection Violations 49 Session 6: Adolescence and Gender Related Issues in Child Protection 67
MODULE 3: TYPOLOGY AND CHILD PROTECTION CASE MANAGEMENT 80 03 Session 1: Introduction to Child Protection Case Management 82 Session 2: Inter-sectoral Approach in Coordinating Prevention and Response to Child Protection Cases 83 Section 3: Typologies and Pathways of Response to Different Categories of CP Cases 89 Session 4: Inter-sectoral Forms, Tools and Procedures for Casework and Management 98 Session 5: Risk Assessment and Responsiveness 101 Session 6: Case Information Sharing Within and Between Sectors 104 Session 7: Well-being and Positive Outcomes of Effective Case Management 109
MODULE 4: SEXUAL AND GENDER BASED VIOLENCE CASE MANAGEMENT 114 04 Session 1: What is Sexual and Gender Based Violence and the Different forms of SGBV 115 Session 2: Impacts of Some Harmful Cultural, Religious and Traditional Practices 127 Session 3: Sexual and Gender Based Violence (SGBV) Case Management 131 Session 4: Child Marriage, Why it occurs in Ghana andthe Negative Impacts 138 Session 5: Teenage Pregnancy - Risks Factors and Harmful Effects 142
MODULE 5: ADMINISTRATION OF JUVENILE JUSTICE IN GHANA 146 05 Session 1: Overview of the Situation of the Justice System for Children in Ghana 148 Session 2: The Justice System for Children in Ghana 155 Session 3: Interacting with Juveniles and Children in Justice Processes 158 Session 4: Sentencing of Juveniles 166 Session 5: Probation: Commencement, Planning and Management 178 Session 6: Juvenile Aftercare, Reintegration, Planning and Management 187
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MODULE 6: SOCIAL PROTECTION 191 06 Session 1: What is Social Protection and Why Do We Do It? 193 Session 2: Legal Frameworks for Social Protection 200 Session 3: Ghana’s Flagship Social Protection Programmes 204 Session 4: Identification and Selection of Beneficiaries of a Social Protection Programme 206 Session 5: Basics of Social Protection Administration 209 Session 6: Management Support Functions for SP Administration in Ghana 216 Session 7: Financing Social Protection 228
MODULE 7: COMMUNITY CARE 233 07 Session 1: Introduction on the Community Care Programmes of the Department of SW 234 Session 2: Social and Public Education Activities by Social Workers 236 Session 3: Working with Persons with Disability 238 Session 4: Hospital Welfare Services by Social Workers and Prisons Social Work 250 Session 5: Services and Care for the Aged 257 Session 6: Care for Street Children, the Needy, Poor and Vulnerable 264 Session 7: Working with NGOs and Day Care Centres 270
APPENDIX 275
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Part 2: Social Welfare
GENERAL INSTRUCTIONS FOR FACILITATORS
This is a very packed curriculum and hence it will be important to ensure the flow as well as effective management of time during the discussions and group activities. The Facilitators’ Notes are supposed to provide more detailed information to back the information on the slides of the PowerPoint Presentations. The notes are also to provide more information for the facilitators to use to support discussions by participants during group work as well as help facilitators answer questions and provide clarifications for participants on issues that may arise during the group discussions. Be sure to go through all the notes and practice on a regular basis, as well as do a full run-through of the contents at least one day before delivering a module or sessions of a module of this training.
The ideal set-up is to have all participants sitting around tables in groups of 5-8. You also need some space on the walls to hang up flipchart sheets and VIPP Cards for a few exercises. Follow the general instructions provided in the introductory portion of Part One of this manual for preparing trainings. This includes establishing “rules” at the beginning and setting expectations, as well as a round of introductions of participants (especially if the participants for this Part Two of the manual are different from the participants of Part One). This Part Two of the Manual is made up of Seven (7) Modules mainly capturing programmes and activities carried out by the Department of Social Welfare. The Modules are:
• MODULE 1: SKILLS AND CORE COMPETENCIES FOR SOCIAL WORK • MODULE 2: CHILD PROTECTION AND FAMILY WELFARE • MODULE 3: TYPOLOGY AND CHILD PROTECTION CASE MANAGEMENT • MODULE 4: SEXUAL AND GENDER BASED VIOLENCE CASE MANAGEMENT • MODULE 5: JUSTICE ADMINISTRATION • MODULE 6: SOCIAL PROTECTION • MODULE 7: COMMUNITY CARE
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MODULE 1 – SKILLS AND CORE COMPETENCIES FOR SOCIAL WORK
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MODULE 1: SKILLS AND CORE COMPETENCIES FOR SOCIAL WORK
The Second Part of this Revised Manual seeks to enhance the knowledge base and capacity of Social Welfare Officers on the mandate of the Department of Social Welfare and Development (DSWD), its vision and mission, core values, divisions as well as programmes and interventions implemented by the Department. This module, in addition to the above, explains ethical principles guiding how to handle clients, social workers’ ethical responsibilities to clients as well as the basic skills needed in social work and community care.
This module has two (2) sessions and they are: Session 1: Background and Introduction Session 2: Understanding Social Work, its Core Values and Principles and Ethics
Learning Objectives
By the end of this module participants would be able to: • Explain vision and mission, core values and mandate of the Department of Social Welfare and Development • List the functions and responsibilities of the DSWD • List the divisions of the DSWD and units under the divisions as well as the key functions of every division • Describe what social work entails • Identify the core values and ethical principles guiding social work • Identify basic skills needed in social work practice • Explain the ethical responsibilities of social workers to clients • Appreciate the importance of social work
Estimated time: 2 hours
Materials PowerPoint Presentations Facilitators’ Notes Flip Charts
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VIPP Cards Masking Tape Markers of different colours LCD projector Laptop Computer
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Session 1: Background and Introduction1,2
The mandate of the Local Government Service is to ensure effective Administrative Decentralisation which is a major pillar in the decentralisation policy which seeks to improve the administrative and human resource capacity of members of the Service to ensure quality service delivery. In view of this, the Office of the Head of Local Government Services (OHLGS) with support from partners aims to build the capacity of social workers at the District level.
Facilitators’ Action a. Begin this Second Part of the Revised Manual by summarising the background and introduction session of the module above to participants. Also let participants be aware of what they are expected to learn at the end of this module by mentioning the sessions and listing the learning objectives on a flip chart.
b. Ask participants to explain in their own words what they understand by the various learning objectives and discuss each of the explanations that will be given with all the participants. Allow them to ask questions and seek clarifications.
c. Divide the participants into groups (depending on their total number, ensuring a maximum of 8 participants in a group) and ask them to write down the mandate, vision, mission, core values and functions of the DSWD on flip charts (remind them of the flip chart rules already discussed at the beginning of Part One of this Manual).
d. After about 15mins, ask the groups to present the responses they have written. In order to give all the groups an opportunity to present, ask group one to present on the mandate, group two on the vision, and so on. After the presentation by each group allow for discussions by all the participants and ask the other groups to add to what has been presented, i.e. if they have different or additional responses.
e. Contribute to the discussions by presenting the key points in the Facilitators’ Notes 2.2.1 - Mandate, Vision, Mission, Core Values and Functions of the DSWD below, ensuring to mention the list of legislative and regulatory frameworks guiding the mandate of the Department.
f. Ask the participants to try and describe the structure of the Department and continue the discussion by presenting PPT 2.1.1 - The Structure of the DSWD.
g. Inform participants that most of the information on the structure and functions of the Department were adopted from the 2018 Organizational Manual of the Department and the March 2014 Social Welfare and Community Development Training Manual.
1 Organizational Manual for the Department of Social Welfare and Development (DSWD), 2018 – Still being reviewed for Approval by the Council (as at June 2019) 2 Social Welfare and Community Development Training Manual, Local Government Service, March 2014
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h. Allow the participants to ask questions or also contribute to the discussions and end the session by mentioning the core programmes of the Department at the district level (as listed in the key points presented in the text box below).
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Facilitators’ Notes 2.1.1 - The Mandate, Vision, Mission, Core Values and Functions of the Department of Social Welfare and Development (DSWD)
The Department of Social Welfare and Development is a Government statutory Agency under the Ministry of Gender, Children and Social Protection (MoGCSP). The Department was first established in 1946 by the Local Ordinance Order No.66 as Department of Social Welfare and Housing and later as the Department of Social Welfare in 1950.With the promulgation of LI 1961, the Department of Community Development and Department of Social Welfare at the local/district level have now been merged to become a Department of the MMDAs with the new name Department of Social Welfare and Community Development (DSWCD)
Mandate The Department of Social Welfare and Development is mandated to take the lead role in integrating the disadvantaged, vulnerable, persons with disabilities and the excluded into mainstream society. The mandate of the Department is guided by a host of legislative and regulatory frameworks including: • The 1992 Constitution of Ghana • Local Ordinance Order No. 66 • Executive Instrument (2017) (E.I. 28) • Executive Instrument (2013) (E.I. 1) • Civil Service Act (Amendment Act) 600 • Civil Service Act 1993 (PNDC Law 327) • Children’s Act 1998 (Act 560) • Children’s (Amendment) Act 937 of 2016 • Juvenile Justice Act 2003 (Act 653) • Local Government Act 1993 (Act 462) • Local Governance Act, 2016 (Act 936) and its Amendment (Act 940) • Local Government Service Act 2003 (Act 656) and L.I. 1991 • Persons with Disability Act 2006 (Act 715) • Human Trafficking Act 2005 (Act 694) • Domestic Violence Act (Act 732) • International Protocols and Conventions (UN Convention on Child Rights, The Hague
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Convention on Inter-Country Adoption etc.) • Court Act 459, 1993 • Labour Act 651
Vision The vision of the Department is “a socially developed Ghana”where the disadvantaged, vulnerable persons with disabilities and excluded are integrated into mainstream development.
Mission The Department of Social Welfare and Development (DSWD) exists to promote policy guidelines, standards and programmes for the efficient and effective delivery of social development services to the vulnerable and excluded individuals, groups and communities in collaboration with other stakeholders through competent staff and modern technology.
Core Values of the Department • Professionalism • Dedication • Sense of equity • Reliability • Empathy • Respect for Human Dignity
Functions and Responsibilities The Department of Social Welfare and Development is the main state welfare organization in Ghana providing services to vulnerable families and children. Following its introduction in 1946, the Department has been addressing individual and social problems including domestic violence, parental neglect, child maltreatment, and child trafficking etc. in all regions of the country. The Department performs specific functions including: • Provision of inputs into the formulation of social welfare and development policies for coordination by the sector Ministry • Development and enrichment of existing programmes and services for specific groups such as children and youth, women, family and communities, single parents, the aged and persons with disability (PWDs) • Development and implementation of national strategic social protection and development intervention programmes/projects for the sector
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• Provision of protective services to individuals, families and communities in crises situations • Registration, provision of licence and accreditation for individuals, agencies and organizations engaged in social welfare and development services • Setting of standards and operational policy guidelines on social development interventions • Monitoring the effective implementation of operational policy guidelines by all stakeholders nationally • Ensuring continuous professionalism of social welfare service delivery • Facilitation of effective training and social development through its specialized institutions • Provision of technical backstopping and professional advice to local and international institutions, individuals and groups on social development issues • Management of its specialized institutions as strategic National Centres to serve as model institutions, ensuring continuous professional care/service delivery for depressed communities/Districts, persons in transit or in general crisis • Ensuring the management and continuous professional and career development of its manpower.
Core programmes of the Department at the District level
At the district level the Social Welfare Unit of the Department of Social Welfare and Community Development (DSWCD) has categorized its activities at the district level under three broad thematic areas, namely: •• Child and Family Welfare •• Community Care •• Justice Administration Issues of child protection are generally classified under the CRPP section of the Departments’ core activities at the district level. Major cases handled by the Social Welfare Unit at this level include but not limited to abandonment, child maintenance, child custody, paternity, access and family welfare cases, which have bearing on child protection
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Session 2: Understanding Social Work, its Core Values and Ethical Principles3,4
Social work is a practiced profession and an academic discipline that recognizes that interconnected historical, socio-economic, cultural, spatial, political and personal factors serve as opportunities and/or barriers to human wellbeing and development. The social work profession’s core mandates include promoting social change, social development, social cohesion, and the empowerment and liberation of people. It also includes advocating and upholding human rights and social justice is the motivation and justification for social work. The social work profession recognizes that human rights need to coexist alongside collective responsibility. The social worker therefore needs to be equipped with knowledge about the principles and code of ethics that underpin social work and ethical principles guiding how to handle clients as well as basic skills and competences needed to successfully carry out social work. This session explains the knowledge base, principles, core values and ethics guiding how to handle clients, social workers, ethical responsibilities to clients, colleagues, other professionals as well as the basic skills needed in social work etc.
Facilitator’s Action a. Introduce this module by summarizing the introductory session above b. Divide the participants into 5 or more groups (depending on the total number of participants, ensuring that each group has at most 8 participants) and give them the following topics to discuss and come up with the answers on flip charts (again remind them of the flip chart rules)
• Group 1 – What is Social Work, the areas of social work practice and the importance of social work? • Group 2 – What are the Core Values of social work and the importance of social work values: • Group 3 – What are the Ethics and Principles of social work and their importance? • Group 4 – What are the ethical responsibilities of social workers to their clients? • Group 5 –What are some of the basic skills and techniques needed in social work practice? c. Allow the groups to present the outcomes of their discussions at plenary and allow the other participants to contribute and also ask questions d. Use the Facilitators’ Notes 2.1.2 - Social Work, its Core Values, Ethics and Principles below to contribute to the discussions ensuring that the answers provided by the groups are in line with the standard information in the notes.
3 International Federation of Social Workers, https://www.ifsw.org (accessed on 8yh June 2019) 4 Social Welfare and Community Development Training Manual, Local Government Service, March 2014
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e. Use the PowerPoint Presentation PPT 2.1.2 - Core Values and Basic Skills Needed in Social Work to explain the core values, what each of the basic skills needed means and why they are important in the practice of social work. f. Conclude the session by stressing on the ethics, principles, core values, knowledge base, areas of social work practice, ethical responsibilities to clients, the basic skills and techniques social workers need in order to be effective in the work they do and the benefits that are accrued from social work practice using the key points listed in the text boxes below.
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Facilitators’ Notes 2.1.2 - Social Work, its Core Values and Ethics and Principles5
What is Social Work? Social work is indispensable in our increasingly complex and ever-changing society. Often, it is one of the misunderstood professions, partly because it cannot be easily described or explained (Sheafor, Horejsi and Horejsi – 2000). Social workers work in communities with people, finding positive ways forward in the challenges they face in their lives. They help people build the kind of environments in which they want to live, through co-determination, co-production and social responsibility. Economic health cannot be achieved without social health.
The Global Definition of Social Work The following Global Definition of the Social Work Profession was approved by the International Federation of Social Workers (IFSW) General Meeting and the IASSW General Assembly in July 2014: “Social work is a practice-based profession and an academic discipline that promotes social change and development, social cohesion, and the empowerment and liberation of people. Underpinned by theories of social work, social sciences, humanities and indigenous knowledge, social work engages people and structures to address life challenges and enhance wellbeing”. This definition may be amplified at national and/or regional levels
National Definition of Social Work6 The National Association of Social Workers (NASW) defines Social Work as a professional activity of helping individuals, groups or communities to enhance or restore their capacity for social functioning and to create societal conditions favourable to their goals. Social Work profession promotes social change, problem-solving in human relationships and the empowerment and liberation of people to enhance their well-being. Utilizing theories of human behaviour and social systems, social work interventions work at the points where people interact with their environments.
Ethical Practice Principles of human rights and social justice, collective responsibility and respect for diversities are fundamental and central to social work practice. Thus human rights and social justice are critical in any social worker’s thinking and actions. The Statement of ethics and principles guide each social Worker to challenge inequalities, discrimination in all its forms and empower people to be in charge of their lives, providing that they do not seek to harm or abuse themselves and/or others.
5 International Federation of Social Workers, https://www.ifsw.org/what-is-social-work/ 6 Social Welfare and Community Development Training Manual, Local Government Service, March 2014
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The Principles of Social Work Practice Within the profession exist a number of fundamental principles that guide practice decision, actions and inactions. These principles apply mostly in practice situation regardless of the client characteristics, practice settings or roles assumed by the Social Worker. The principles of Social work practice are: Acceptance, Individualization, Purposeful expression of feelings, Objectivity, controlled emotional involvement, self-determination, access to resources and confidentiality. The core values of social work profession are: service, social justice, dignity and worth of the individual, importance and centrality of human relationship, integrity and competence. Therefore, the overarching principles of social work are respect for the inherent worth and dignity of human beings, doing no harm, respect for diversity and upholding human rights and social justice. Advocating and upholding human rights and social justice is the motivation and justification for social work interventions. The social work profession recognizes that human rights need to coexist alongside collective responsibility. The idea of collective responsibility highlights the reality that individual human rights can only be realized on a day-to-day basis if people take responsibility for each other and the environment, and the importance of creating reciprocal relationships within communities. Therefore, a major focus of social work is to advocate for the rights of people at all levels, and to facilitate outcomes where people take responsibility for each other’s wellbeing, realize and respect the inter-dependence among people and between people and the environment. In some instances, “doing no harm” and “respect for diversity” may represent conflicting and competing values, for example where in the name of culture the rights, including the right to life, of groups such as women and LGBT, are violated. The Global Standards for Social Work Education and Training deal with this complex issue by advocating that social workers are schooled in a basic human rights approach. Such an approach might facilitate constructive confrontation and change where certain cultural beliefs, values and traditions violate peoples’ basic human rights. As culture is socially constructed and dynamic, it is subject to deconstruction and change. Such constructive confrontation, deconstruction and change may be facilitated through a tuning into, and an understanding of particular cultural values, beliefs and traditions and via critical and reflective dialogue with members of the cultural group vis-à-vis broader human rights issues.
The Core Mandates of the Social Work Profession The social work profession’s core mandates include promoting social change, social development, social cohesion, and the empowerment and liberation of people. Social work is a practice profession and an academic discipline that recognizes that interconnected historical, socio- economic, cultural, spatial, political and personal factors serve as opportunities and/or barriers to human wellbeing and development. Structural barriers contribute to the perpetuation of inequalities, discrimination, exploitation and oppression. Therefore, the key functions of the social worker include the social worker as an/a: broker,
Part Two | Social Welfare 11 Part 2: Social Welfare advocate, educator, counsellor or clinician, case manager, staff developer, administrator, social change agent and policy maker) Broker – linking clients to appropriate resources within and outside the clients’ environment Advocate – assist clients in upholding their rights to receive resources and services Educator – prepare clients (individuals, groups) or the general community with knowledge and skills necessary to prevent problems or enhance social functioning. Counsellor/Clinician – help clients improve their social functioning through better understanding of their feelings, modify their behaviour or learn how to cope better with their problematic situations Case Manager – linking clients to resources, services and coordinating the interventions Staff developer – facilitate agency staff development through training, supervision and consultation, coaching. Administrator – plan, develop, implement, monitor and evaluate services and programs of the department/agencies Social change agent – participate in the identification of community problems, support their resolutions and mobilize resources for the desired change implementation. The development of critical consciousness through reflecting on structural sources of oppression and/or privilege, on the basis of criteria such as race, class, language, religion, gender, disability, culture and sexual orientation, and developing action strategies towards addressing structural and personal barriers are central to emancipatory practice where the goals are the empowerment and liberation of people. In solidarity with those who are disadvantaged, the profession strives to alleviate poverty, liberate the vulnerable and oppressed, and promote social inclusion and social cohesion. Social development is conceptualized to mean strategies for intervention, desired end states and a policy framework, the latter in addition to the more popular residual and the institutional frameworks. It is based on holistic bio-psychosocial, spiritual assessments and interventions that transcend the micro-macro divide, incorporating multiple system levels and inter-sectoral and inter-professional collaboration, aimed at sustainable development. It prioritizes socio-structural and economic development, and does not subscribe to conventional wisdom that economic growth is a prerequisite for social development.
Core Values of Social Work and Code of Ethics7 The Code of Ethics which are Professional Standards adopted by the Ghana Association of Social Workersis based on the six core values of the social work profession are:
7 Code of Ethics of Social Work, Professional Standards Adopted By the Ghana Association of Social Workers (GASOW)
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• Service - the action of helping or doing work for someone • Social Justice - justice in terms of the distribution of wealth, opportunities, and privileges within a society. • Dignity and Worth of the individual/Person • Importance and centrality of Human Relationships • Integrity • Competence The code serves to: i. Establish the core values upon which the social work profession is based. ii. Create specific ethical standards that should guide social work practice and reflect the core values. iii. Help social workers navigate professional considerations and obligations when ethical uncertainties arise. iv. Provide ethical standards to which the social work profession can be held accountable. v. To initiate new social workers to the profession’s mission, values, and ethical principles and standards. vi. Create standards by which the social work profession can assess if a social worker has engaged in unethical conduct. Social workers who pledge to abide by this code must cooperate with its implementation and disciplinary rulings based upon it.
Major Points from the Social Work Code of Ethics The code is composed of thematic sections that outline social worker’s responsibility to clients, colleagues, employers, and the profession in general. The following is a summary of some of the major points. a. Conduct/Comportment - Social Workers must: • Maintain high standards of personal conduct. • Maintain a high degree of professionalism throughout their careers. • Acknowledge service as the most important element of social work. • Maintain a high level of professional integrity. • Engage in lifelong learning to maintain competence. • Guide practice according to scholarly inquiry and use evidence to inform best practices.
Part Two | Social Welfare 13 Part 2: Social Welfare b. Responsibility to Clients - Social Workers must: • Make clients (individuals, groups and communities) their primary responsibility. • Foster maximum self-determination in clients. • Respect the privacy of clients and keep information that has been shared during the course of their duties confidential. • Charge fees for services that are legal. c. Responsibility to Colleagues and Employers - Social Workers should: • Treat colleagues with respect, fairness, and courtesy. • Respect confidential information shared by colleagues in the course of their professional relationships and transactions. • Extend to colleagues of other professions the same respect and co-operation that is extended to social work colleagues • Adhere to professional obligations as determined by their employers. • Not exploit the problems of colleagues to gain personal enhancement in employment d. Responsibility to the Social Work Profession - Social Workers should: • Uphold, represent, and advance the values of the social work profession. • Protect and enhance the dignity of the profession • Take action through appropriate channels to prevent the unauthorized and unqualified practice of social work • Help the profession make social services available to the general public. • Educate themselves to be abreast with current trends in the practice of the profession e. Responsibility to society - Social Workers should • Promote the general welfare of the society; • Act to prevent and eliminate discrimination against any person on the basis of race, colour, sex, orientation, age, religion, origin, status, political belief, mental or any form of disability, or other preference • Advocate change in policy and legislation to improve social conditions and promote social justice. • contribute to deepen public understanding and valid expectations of the profession
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Social Workers’ Ethical Responsibilities Basic Skills Needed for Effective Social Work to Clients •• Commitment to Clients •• Empathy •• Client self-Determination •• Active Listening •• Informed Consent •• Self-Awareness •• Competence •• Social Perceptiveness •• Cultural Competence and Social •• Boundary Setting Diversity •• Coordination •• Avoidance of Conflict of Interest •• Persuasion •• Privacy and Confidentiality •• Cooperation •• Avoidance of Sexual Relationships •• Relaxation and De-compression •• Avoidance of Sexual Harassment •• Objectivity •• Avoidance of Derogatory Language •• Interpersonal Skills •• Interruption of Services •• Communication/IPC Skills •• Termination of Services •• Record keeping •• Acceptance •• Interviewing skills
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MODULE 2 – CHILD PROTECTION AND FAMILY WELFARE
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MODULE 2: CHILD PROTECTION AND FAMILY WELFARE8,9
The term Child Protection is used to describe the philosophies, policies, strategies, standards, guidelines and procedures to protect children from all forms of intentional and un-intentional harm. It is the act of safeguarding the right of all children to a life free from violence, abuse, exploitation and neglect. It is preventing and responding to violence, exploitation and abuse against children including commercial sexual exploitation, trafficking and child labour as well as harmful traditional practices such as FGM/C and child marriage10 . This module therefore provides an in-depth understanding of the family and what constitutes family welfare, what child protection is; the various forms of child protection violations, Child Protection Causality Analysis, the Contributing and Mitigating Factors, as well as forms and signs of child protection violations.
This module has six sessions and they are: Session 1: Who is a Child, and what are the Basic Rights of a Child Session 2: Child Protection Violations: Prevention and Response Session 3: Child and Family Welfare Session 4: Alternative Care for Children Session 5: Some Key Child Protection Violations Session 6: Adolescence and Gender Related Issues in Child Protection
Learning Objectives By the end of this module participants would be able to: • Define who a child is and identify at least five (5) rights of a child • Appreciate the legal instruments on child rights promotion and protection • Define the family and what constitutes family welfare • Identify the existing forms and signs of child protection violations • Understand what constitutes child abuse and all forms of exploitations/trafficking • Explain the contributing and mitigating factors of child protection violations • Understand who is a child in need of care and protection; child maintenance, child custody and access
8 National Training Manual for Community Engagement- Protecting Children from Violence, Abuse, Neglect and Exploitation, UNICEF Ghana and Department of Community Development of the Ministry of Local Government and Rural Development, January 2015 9 Social Welfare and Community Development Training Manual, Local Government Service, March 2014 10 National Training Manual for Community Engagement- Protecting Children from Violence, Abuse, Neglect and Exploitation, UNICEF Ghana and Department of Community Development of the Ministry of Local Government and Rural Development , January 2015
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• Understand Fosterage/Adoption • Understand paternity, and family reconciliation
Estimated time: 3 - 4 hours
Materials PowerPoint Presentations Facilitators’ Notes Flip Charts VIPP Cards Masking Tape Markers of different colours LCD projector Laptop Computer
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Session 1: Who is a Child, and what are the Basic Rights of a Child11,12,13,14,15
The Child and Family Welfare Policy recognises a child as a person below the age of 18, in line with the UN Convention on the Rights of the Child, the 1992 Fourth Republic Constitution of Ghana (article 28) and the Children’s Act 1998, (Act 560) (section 1). This session explains who a child is according to the national and international definitions, lists the basic rights of children from the Children’s Act and the provisions of the UN Convention on the Rights of the Child as well as the provisions in the African Charter on the Rights and Welfare of the Child.
Facilitators’ Action a. Begin this session by introducing the module reminding the participants that as was learnt in Part One, Child Protection is the act of safeguarding the right of all children to a life free from violence, abuse, exploitation and neglect. Inform them that this module therefore is intended to provide participants with an in-depth understanding of who a child is and what constitutes family welfare and the various forms and signs of child protection violations. b. Mention the sessions of this module and list the learning objectives on the flip chart and let some participants volunteer to read them one after the other asking the rest of the participants to explain the objectives in the way they understand them. c. Now ask participants to define who a child is and let them mention which document or instrument (national or international) they are basing their definition on. d. Use the definition in the text box below to contribute to the discussion, stressing that for the purposes of the Child and Family Welfare Policy also takes into account how a child is defined in the Ghanaian context in relation to the family and concept of childhood such that a child is also one who is still largely dependent on an adult for the necessaries of life. e. Continue the discussion with the participants by asking them to describe what then is Childhood and add to the discussions with the key points on childhood in the text box below. Add that because of their dependency on adults in society for their care, children are vulnerable and hence sometimes their rights are infringed upon, most often due to lack of knowledge of the rights of children by their parents and other adult caretakers.
11 The Child and family Welfare Policy, 2014, Ministry of Gender, Children and Social Protection 12 The 1992 Constitution of Ghana 13 The Children’s Act 1998 (Act 560) 14 The Children’s (Amendment) Act 937 of 2016 15 The United Nations Convention On The Rights Of The Child (CRC), 1989
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Who is a Child? The Child and Family Welfare Policy recognises a child as a person below the age of 18, in line with the UN Convention on the Rights of the Child, the 1992 Fourth Republic Constitution of Ghana (article 28) and the Children’s Act 1998, (Act 560) (section 1). What is Childhood? Childhood is a social construct. It is a period when a person is under the authority, control and care of some persons considered as adults in society. Childhood may include one or several of the following characteristics: •• the period before puberty rites or rites of passage; •• when a person is not married; a period in school, particularly if fees are being paid by an adult; - - a period of learning a trade; •• a period when decisions are made for a young person; •• a period when a young person is living under the same roof as their parents. Note that 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.
f. Ask participants to define children’s rights and after a few definitions include that children’s rights are the human rights of children. Human rights are rights inherent to all human beings, whatever their nationality, place of residence, sex, national or ethnic origin, colour, religion, language or any other status. Every human being is equally entitled to all human rights without discrimination and all these rights are interrelated, interdependent and indivisible. g. Divide the participants into 4 groups and ask Groups 1 and 2 to list the basic rights of children as in the CRC on flip chart and ask Groups 3 and 4 to list the key provisions in the Children’s Act on the Rights of the Child. All the groups should discuss the rights they will list and explain what those rights mean in our society. h. After plenary, let Group 1 do their presentation and ask Group 2 to fill in with any right from the CRC they discussed that was not mentioned in Group 1’s presentation or anything they discussed that was different from that of Group 2. Use the key points in the Facilitators’ Notes 2.2.1a - Key Provisions in the CRC to add to the presentation and discussions from Groups 1 and 2. i. Repeat same for Groups 3 and 4 using the Facilitators’ Notes 2.2.1b - Key Provisions of the Children’s Act 560. j. Begin to conclude the discussions by reminding participants that all the rights that have been mentioned both from the CRC and the Children’s Act are based on the 4 guiding principles of: • Non-discrimination • Priority given to the best interests of the child
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• Right to life, survival and development • Respect for the views of the child k. Finally conclude the session by reminding participants that all these rights of children can also be grouped into four broad categories and use the information in the text box below to explain these 4 categories of Children’s rights. Allow participants to ask questions to seek for clarifications and also contribute to the discussions (as much as possible throw back the questions to the bigger group of participants to provide the answers to ensure the discussions are participatory and not a lecture).
The FOUR Categories of Children’s rights •• Survival Rights – this includes rights to resources, skills and contributions necessary to survival of the child and requires the existence of the means to fulfill the rights as well as access to them •• Development Rights–this includes rights to resources, skills and contributions necessary for the development of the child •• Protection Rights – this includes rights to protection from all forms of child abuse, neglect, exploitation and violence as well as the right to special protection in times of war •• Participation Rights (child inclusive practices) - this is the freedom to express opinions and be heard
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Facilitators’ Notes 2.2.1a - Key Provisions in the CRC16
The Convention on the Rights of the Child (CRC) which was unanimously adopted on the 20th November 1989, at the UN General Assembly is the first legally binding international treaty governing children’s rights. It defines the fundamental rights of the child and covers all aspects of child protection. Ghana was the first country/state to ratify the CRC.
The CRC has 54 articles for the protection of the rights of the child The first article of the CRC stipulates that anyone below the age of 18 is to be considered as a child. The text holds that the best interests of the child should be a primary concern to each State. It encompasses all human rights: civil, political, economic, social and cultural, and recognizes that the enjoyment of a right should not be separated from the enjoyment of other rights.
The four guiding principles of the Convention on the Rights of the Child are: • Non-discrimination • Priority given to the best interest of the child • Right to life, survival and development • Respect for the views of the child
Beyond these principles, the essential rights of the child are: • The right to an identity (articles 7 and 8) All children have the right to a name and nationality from birth, ensuring their protection and support by their own country. If the birth is not registered, the child will not be recognized by the state and will neither receive care nor education. • The right to health (articles 23 and 24) All children should be cared for if sick, be well-fed, protected from drugs, and enjoy living conditions which are not dangerous to their health. • The right to education, (article 28) All children have the right to an education and access to skills which will help them prepare for their future. • The right to a family life (articles 8, 9, 10, 16, 20, 22 and 40)
16 The United Nations Convention On The Rights Of The Child (CRC), 1989
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All children have the right to live with people who love and care for them, preferably their families, or by carers if their own families cannot look after them. • Right to be protected from violence (article 19 and 34) Each child must be protected from violence, from his own family or any person who wishes to harm him. He should never be obliged to suffer inflict ill-treatment or any act of sexual or physical violence. • The right to an opinion (article 12 and 13) All children have the right to express their views. They also have the right to be informed and give their opinion about the world around them. • The right to be protected from armed conflict (articles 38 and 39) All children must be protected from war and its consequences, such as being a refugee, injured, prisoner, or forced into armed conflict. • The right to be protected from exploitation (articles 19, 32, 34, 36 and 39) A child should not be obliged to work in difficult or dangerous conditions, in order to survive or support his/her family. • The right to equality and respect for differences- Each child has the same rights, regardless of his race, colour, religion, language or culture, gender, or abilities.
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Facilitators’ Notes 2.2.1b - Key Provisions of the Children’s Act, 1998 (Act 560)17
The Children’s Act (560) of 1998 is an Act to reform and consolidate the law relating to children, to provide for the rights of the child, maintenance and adoption, regulate child labour and apprenticeship, for ancillary matters concerning children generally and to provide for related matters. The Act lists: • enforceable right of children and of parental duties, • enforcement right to protection of children, • establishment of rules and procedures for the adjudication of Judicial and quasi-Judicial matters affecting children; • the establishments of family tribunals; • rules for parental duty and responsibilities; • custody and access; • rules on fosterage and adoption; • rules prohibiting numerous forms of child labour; • rules for the operation of day-care centres; • rules guiding the registration of births.
Part 1 – Rights of the Child -
Sub-Part I – Rights of the child and parental duty
Definition of Child 1.For purposes of this Act, a child is a person below the age of eighteen years.
Welfare principle 2. (1) The best interest of the child shall be paramount in any matter concerning a child. (2) The best interest of the child shall be the primary consideration by any court, person, institution or other body in any matter concerned with a child
17 The Children’s Act 1998 (Act 560)
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Non-discrimination 3. No person shall discriminate against a child on the grounds of gender, race, age, religion, disability, health status, custom, ethnic origin, rural or urban background, birth or other status, socio–economic status or because the child is a refugee.
Right to name and nationality 4. No person shall deprive a child of the right from birth to a name, the right to acquire a nationality or the right as far as possible to know his natural parents and extended family subject to the provisions of Part IV, Sub-Part II of this Act.
Right to grow up with parents 5. No person shall deny a child the right to live with his parents and family and grow up in a caring and peaceful environment unless it is proved in court that living with his parents would (a) lead to significant harm to the child; or (b) subject the child to serious abuse; or (c) not be in the best interest of the child.
Right to parental property 6. No person shall deprive a child of reasonable provision out of the estate of a parent, whether or not, born in wedlock.
Right to education and well-being 7. (1) No person shall deprive a child access to education, immunization, adequate diet, clothing, shelter, medical attention or any other thing required for his development. (2) No person shall deny a child medical treatment by reason of religious or other beliefs.
Right to social activity 8. No person shall deprive a child the right to participate in sports, or in positive cultural and artistic activities or other leisure activities.
Treatment of the disabled child 9. (1) No person shall treat a disabled child in an undignified manner. (2) A disabled child has a right to special care, education and training wherever possible to develop his maximum potential and be self-reliant.
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Right of opinion 10. No person shall deprive a child capable of forming views the right to express an opinion, to be listened to and to participate in decisions which affect his wellbeing, the opinion of the child being given due weight in accordance with the age and maturity of the child.
Protection from exploitative labour 11. No person shall subject a child to exploitative labour as provided under section 87of this Act.
Protection from torture and degrading treatment 12. (1) No person shall subject a child to torture or other cruel, inhuman or degrading treatment or punishment including any cultural practice which dehumanises or is injurious to the physical and mental well-being of a child. (2) No correction of a child is justifiable which is unreasonable in kind or in degree according to the age, physical and mental condition of the child and no correction is justifiable, if the child by reason of tender age or otherwise, is incapable of understanding the purpose of the correction.
Right to refuse betrothal and marriage 13. (1) No person shall force a child – (a) to be betrothed; (b) to be the subject of a dowry transaction; or (c) to be married. (2) The minimum age of marriage of whatever kind shall be eighteen years.
Penalty for contravention 14. Any person who contravenes a provision of this Sub-Part commits an offence and is liable on summary conviction to a fine not exceeding ¢5 million or to a term of imprisonment not exceeding one year or to both.
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Session 2: Child Protection Violations: Prevention and Response18
Child protection seeks to guarantee the right of all children to a life free from violence, abuse, exploitation and neglect. Though the two main approaches/strategies to the process of Child Protection are prevention and response, it is more prudent to prevent children from being abused than trying to respond when they have already been abused since the effects are often very detrimental to their self-esteem, overall potential, health and development. It is also more cost effective to prevent than to respond to child abuse. There is therefore the need for the capacity of SWO and CDO and other CP actors including NGOs and CBOs, to be strengthened to prevent those protection violations so one doesn’t wait till these protection violations occur before responding. Understanding what factors contribute to child protection violations, the different forms and signs of child protection violations and how to prevent as well as mitigate them is therefore very crucial. It is also important to note that child protection violations can occur within the physical space as well as online environment, since children are exposed to violence, abuse and exploitation in the digital world
Facilitators’ Action a. Begin the session by asking participants what Child Protection Violations are and after a few responses by the participants, use the definition in the text box below to explain what CP Violations are. b. Divide the participants into 3 Groups and ask the groups to discuss the following: Group 1 - What are the immediate causes for child protection violations? Group 2 - What are the underlying causes of child protection violations? Group 3 - What is the root cause for child protection violations? c. In plenary, ask the 3 groups for feed-back on the key points raised under the various questions and ask the other groups to add any points that may be missing. Record the key points on a flip chart. d. Use PowerPoint Presentation PPT 2.2.2 - Causality Analysis for Violence, Abuse, Neglect and Exploitation of Children to add to the discussions and answer any outstanding questions that may arise drawing on information from Facilitators’ Notes 2.2.2a - Child Protection Causality Analysis.
18 National Training Manual for Community Engagement- Protecting Children from Violence, Abuse, Neglect and Exploitation, UNICEF Ghana and Department of Community Development of the Ministry of Local Government and Rural Development January 2015 Part Two | Social Welfare 27 Part 2: Social Welfare
What are Child Protection Violations19 ? Child Protection violations constitute any act of violence, abuse, neglect and exploitation of a child by a person or institution that damages the prospects for the safety of the child or the child’s right to protection. Multiple factors interact to increase children’s risk to child protection violations, however the key factors underlying protection violations include poverty, social norms and weakness of protective structures e. Continue the session by asking participants to mention the different forms of violence, abuse, neglect and exploitation that they are aware of and note down their responses on a flip chart. f. Ask the participants to go back to their groups and distribute the Handout 2.2.2a - Child Protection Case Studies below – one to each of the groups. g. Ask the groups to read the case study they have been given and discuss in the group what forms of violence, abuse, neglect and exploitation are illustrated in the examples h. At plenary encourage the group to select one person to present the responses from their group and discuss each group’s work with the entire group of participants. Add to the discussions by using the key points in the Handout 2.2.2b - TheDifferent forms of CP Violations (violence, abuse, neglect and exploitation of children) below. i. Continue the session by reiterating that there are many individual actions and behaviour that are strongly influenced by communal beliefs, attitudes and practices. It is often difficult for an individual to change his/her behaviour unless there is support for such change at the wider family, community and societal level. j. Continue the discussions by briefly explaining to participant that child protection violations can be addressed through a range of strategies, ranging from prevention, early intervention and response. k. Show the illustration of the ambulance at the bottom of the cliff below and ask which approach (prevention by providing a fence over the edge of the cliff or response by having an ambulance at the bottom of the cliff) is more appropriate. l. Ask what other benefits there are to preventing violence, abuse, neglect and exploitation rather than ‘waiting’ until a serious case occurs. m. Then, divide the participants into 3 groups. Ask each group to discuss what specifically can be done to address child protection issues. n. Tell the groups to focus on the following: •• Group 1 shall focus on preventing risks; •• Group 2 shall focus on reducing risks through early intervention strategies; •• Group 3 shall focus their discussion on responding to issues, restoring hope and dignified living for children who are victims of abuse, violence, exploitation or neglect
19 ibid
Social Welfare | Part Two 28 Part 2: Social Welfare o. Ask the groups to give practical, concrete examples on what can be done under these strategies. p. Ask each group to present their suggestions in plenary q. Conclude the discussion by using the information presented in the Facilitators’ Notes 2.2.2b - Preventing or Reducing Risks of Protection Violations below to summarize the points provided by the groups during plenary.
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Facilitators’ Notes2.2.2a - Child Protection Causality Analysis20
1. hat are the immediate causes contributing to child protection violations? Immediate causes are usually attributed to knowledge, skills, attitudes and behavior by individual parents and caregivers – those closest to the child. A number of factors determine the likelihood that the child in someone’s care will experience child protection concerns. Parents and care-givers generally have a greater likelihood of abusing, neglecting and exploiting children if: • They don’t know about positive, non-violent forms of disciplining a child who misbehaves; • They have limited knowledge about child development and therefore expect behaviors that are unrealistic for a child’s age or ability. • They have themselves been abused by a parent/care-giver or a partner. • They have financial problems or are stressed by other factors. • They are ignorant of the risks involved when leaving children unsupervised; sending children away (for education, employment or alternative care). • They use alcohol and drugs that cause them to lose control and affect their ability to care for the child. • They lack self-control when upset or angry. • The mother has had difficulties bonding with the new born child (as a result of a difficult or unwanted pregnancy for example) or post-partum depression. • They are involved in criminal activity that adversely affects the relationship between parent and child.
2. What are the underlying causes of child protection violations? Underlying causes are usually those factors at the family and/or community contributing to the likelihood that children will experience forms of violence, abuse, neglect and exploitation: • Poverty and (seasonal) low income level: Not all poor families abuse their children, but poverty is a factor that increases risks of protection violations, especially with regard to child labor, early marriage, and unsafe migration. • Living conditions: The inability to afford adequate housing leading to over-crowding of people in living spaces is a known factor contributing to increased risk of child abuse, including sexual abuse by co-tenants.
20 National Training Manual for Community Engagement- Protecting Children from Violence, Abuse, Neglect and Exploitation, UNICEF Ghana and Department of Community Development of the Ministry of Local Government and Rural Development January 2015
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• Family composition: A single parent with limited support from extended family will face greater parenting challenges than someone living in a household with greater support network and with several other adults who share responsibility for children’s upbringing. High birth rates in families is also a known factor contributing to higher risks of protection concerns, especially neglect, economic exploitation and child marriage. • Family breakdown: such as problems with a marriage or intimate relationship – that result in child or adult mental ill health, unhappiness, loneliness, tension or disputes over custody. • Informal fostering: While informal foster care arrangement can be very beneficial for children (who may be receiving education), such arrangements are also known to have contributed to child abuse. At the community level, factors contributing to child protection risks are: Traditional practices, customs and rituals. A number of communal, traditional practices are known to impact the risks faced by children with regards to protection. In Ghana, the following has been documented: • This involves, for example, ritual servitude (trokosi) whereby young virgin girls are given in servitude to a shrine, supposedly to atone for the sins of a family member. • Tradition and practices also contribute to upholding harmful practices such as female genital mutilation and cutting(FGM/C). Traditional leaders admitted the practice is going on in communities, but they are unable to do anything because it is carried out in secret. • Cases of infanticide or abandonment of babies due to birth defects, disability or other circumstances have been reported in some regions. It is still a taboo in some communities to have multiple births and hence such babies are killed. • Accusations of witchcraft are sometimes made against children, especially girls. • Urban migration and breakdown of traditional family and community system where extended family members were caring for and looking after children.
3. What are the root causes contributing to child protection violations? Root causes are usually those at the societal level, issues of economic and social development, gender norms and religious factors: • Gender inequality and a male-dominate society often creates an unequal social hierarchy where men are more powerful than women. This renders girls more vulnerable to harm. • Social values, beliefs and norms that continue to perpetuate and accept forms of violence, abuse and exploitation. These may be upheld by a general acceptance of violent behavior, as depicted in the media, in popular music and in video games. Social and cultural norms that diminish the status of the child in the parent-child relationship is also noted as a contributing factor. • Religious beliefs and interpretations: The massive boom in churches preaching the gospel of disciplining the child, child witchcraft, demonic possessions, deliverance and exorcisms as well as other religious beliefs has led to a huge rise in accusations of witchcraft and other
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forms of violations against children. Some quotations; “Foolishness is bound in the heart of a child, but the rod of correction shall drive it far from him’ (Prov. 22:15) and “Withhold not correction from the child for if thou beats him with the rod he shall not die.” (Proverbs 23:13). Other examples include Trokosi, begging using twins, Jehovah Witness perception on blood transfusion, etc. all expose the children to risk of protection violations. The same is the case for the Muslims, who believe that if a child fails to understand and recite verses in the Quran, the Mallam (the Religious Leader) is required to use the cane on the child. At the societal level these include institutional factors The Institutional Factors that contribute to the levels of risks children are facing include: • low budget allocations, • constricting legal framework • limited capacity of service providers • limited reach of child and family welfare and justice services
Hand Out 2.2.2a - Child Protection Case Studies Case Study 1 Aisha, a 13-year-old child was married since the age of 10. Her husband usually beats and verbally assaults her, calling her ‘cow’ and ‘stupid’. Once, when Aisha was five months pregnant, the beating was so severe that it resulted in the termination of the pregnancy. Her husband likes to talk about his intercourse with Aisha and jokes about her inexperience with his friends in the village. Before getting married, Aisha attended school for about 2 years before her parents decided to take her out as they believe ‘studying is not for girls’. Aisha is thinking about running away from her husband and hopes she can find a job in the city where no one will recognize her.
Case Study 2 Afia is a 12-year-old girl. Because her parents are poor and staying in the village, Afia was sent to live with her aunty two years ago. Her aunty constantly beat her when frustrated about trivial issues. Although her aunt promised Afia the opportunity to go to school, her aunt now tells her that since she is from the village, she is ‘too stupid to learn’. All Afia does from early morning to evening is domestic chores, cooking and cleaning for her relatives. Sometimes, if her aunty is not happy with Afia’s cooking or if she finds Afia using things that belong to her cousins, her aunt will tell Afia not to eat for the evening and she would have to go to bed hungry. Her cousins, the biological children of her aunty, are all in school. Afia does not like the way her oldest cousin is looking at her. Sometimes, he tries to put his hand inside Afia’s skirt to touch her. Afia has seen that sometimes when her aunt and uncle are not at home, he watches people having sex on the Internet on her uncle’s computer. Sometimes, he forces Afia to watch too.
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Case Study 3 Mercy is a 14-year-old girl. Her mother passed away at the time of her birth and since then, her father and his family has been reluctant to look after her. After the death of her mother, Mercy has been staying with her maternal grandmother. Though she was enrolled in school she dropped out of class five because her grandmother could not afford her food and text books. She therefore decided to search for her father who she believed had moved to the big city. When arriving in the city, Mercy was not able to locate her father. She was desperate for a place to stay and she was quickly running out of the money she had brought along with her and she started to get very hungry. She met a man who promised her quick money. The man accommodated her for the night and Mercy thought that was very kind of him. That night, however, he abused her and forced her to have sex with him. He told her that she needed to ‘get used to it’. From that day, the man continues to force Mercy to have sex with him regularly and also allows other men to have sex with her. The man charges the men for their sexual pleasures, but keeps all the money to himself. Mercy only gets a little food to eat. She is longing for her grandmother but is too ashamed to return home.
Case Study 4 • Kwame is a 13-year-old junior high school student residing in Agbogbloshie, a slum area in the centre of Accra. He encountered a medical doctor on Facebook and they became friends. For some weeks, they exchanged ideas online and chatted on the phone, until about two months the medical doctor arranged to meet the boy at the Agbogbloshie market area. This first encounter went wrong, as this Facebook friend coerced Kwame and had anal sex with him in a tainted-glass vehicle and offered him some gifts and money. This was, however, not the end of the abusive relationship. The friend continued to sexually abuse the Kwame whenever he arranged to meet him at the market or his residence.
Handout 2.2.2b – The Different Forms of Child Protection Violations21 i. Violence: There are a number of definitions of violence used depending on whether it is defined for legal, medical, sociological purposes. The UN Study on Violence Against Children (2006) definition of violence draws on Article 19 of the Convention on the Rights of the Child: “all forms of physical or mental violence, injury and abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse” The WHO in the World Report on Violence and Health (2002) defines violence as:
21 National Training Manual for Community Engagement- Protecting Children from Violence, Abuse, Neglect and Exploitation, UNICEF Ghana and Department of Community Development of the Ministry of Local Government and Rural Development January 2015
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“the intentional use of physical force or power, threatened or actual, against a child, by an individual or group, that either results in or has a high likelihood of resulting in actual or potential harm to the child’s health, survival, development or dignity.” Violence can be committed by individuals or by the State as well as groups and organizations through their members and their policies. It results not only in fear of/or actual injury but also in fundamental interference with personal freedom. Remember! An act of violence does not necessarily require an unequal power relationship, which is often the case in an abusive situation (husband beating wife; mother beating child). ii. Child abuse: Child abuse is a deliberate act of ill treatment that can harm or is likely to cause harm to a child’s safety, well-being, dignity and development. Abuse can be emotional, psychological, verbal or physical. • Emotional, psychological and verbal abuse: Is when an adult uses fear, threat, humiliation or verbal assaults against a child. For example, rejecting a child, preventing him/her from developing normal social relationships, and making derogatory statements about the child’s ability, telling the child he/she is “worthless”, “unloved”, “unwanted” and otherwise failing to nurture, love, and provide emotional support for the child. • Physical abuse: Maltreatment of a child by use of physical contact intended to cause pain, injury or other physical suffering or harm. These are non-accidental physical acts by parents, caretakers or others in the child’s environment that causes or can cause physical injury to the child. • Sexual abuse: Engaging in implicit or explicit sexual acts with a child or forcing a child to engage in implicit or explicit sexual acts alone or with another person of any age, of the same or opposite sex. Child abuse does not always involve physical contact but can be “non-touching”, such as indecent exposure, using a child to produce or showing a young person sexual or pornographic materials. iii. Neglect: Deliberately, or through carelessness or negligence, failing to provide for, or secure for a child, their rights to physical safety and development. Neglect is sometimes called the ‘passive’ form of abuse in that it relates to the failure (for no apparent financial reason) to carry out some key aspects of the care and protection of a child which results in significant impairment of the child’s health or development, including a failure to thrive emotionally and socially. Neglect can, for example, involve failure to provide adequate food, clothing, shelter, education or medical care necessary for a child’s well-being. Lack of appropriate care and supervision, leaving the child alone for extended periods of time (inappropriate for his/her age) is also a form of neglect. Extreme forms of neglect are when a child is entirely abandoned by his/her parents. iv. Exploitation: Child exploitation refers to the use of children for someone else’s advantage, gratification or profit, often resulting in unjust, cruel and harmful treatment of the child. These activities are to the detriment of the child’s physical or mental health, education, moral or social and emotional development.
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There are two main forms of child exploitation: • Sexual exploitation: the abuse of a position of vulnerability, differential power, or trust for sexual purposes; this includes profiting monetarily, socially or politically from the exploitation of another as well as personal sexual gratification. This includes child prostitution, trafficking of children for sexual abuse and exploitation, child pornography, and/or sexual slavery. • Economic exploitation of a child: the use of the child in work or other activities for the benefit of others. This includes, but is not limited to, child labour. Economic exploitation implies the idea of a certain gain or profit through the production, distribution and consumption of goods and services. This material interest has an impact on the economy of a certain unit, be it the State, the community or the family. v. Sexual harassment: Sexual advances, request for sexual favors or verbal or physical conduct of a sexual nature. In some cases, sexual harassment precedes sexual abuse and is a technique used by sexual predators to desensitize or “groom” their victims. Some examples of sexual harassment: • Sexual epithets, jokes, written or spoken references to sexual conduct, gossip regarding one’s sex life, and comments about an individual’s sexual activity, deficiency or prowess • Verbal abuse of a sexual nature • Display of sexually suggestive objects, pictures, drawings • Sexual leering or whistling, any inappropriate physical contact such as brushing against or touching, obscene language or gestures, and suggestive or insulting comments. vi. 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.
NB: it is important to emphasize that all these forms of abuse can occur offline and online
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Facilitators’ Notes 2.2.2b -Preventing or Reducing Risks of Protection Violations
Preventing – or Reducing Risks of Protection Violations
Preventing child protection abuses is always better than a response. Preventing a child from becoming victim of violence, abuse, neglect and exploitation is not only morally and ethically sound, it is more cost-effective.
To prevent child protection violations, a number of actions can be taken. For example: • Ensure the country has strong policies and laws in place against the problem; • Challenge social norms, attitudes and behaviours that sanction the practice by raising awareness, sensitizing stakeholders (parents, community leaders, children) on the issues; • Ensure that a system of ‘deterrence’ is in place through monitoring, strong law enforcement; • Challenge gender issues where these perpetuate violence and abuse of children, especially girls. • Ensure awareness among children on how to protect themselves against harm.
Early intervention strategies to mitigate protection risks involve the following: • Informal, communal support to families in need, through social, informal networks at community level and other acts of solidarity can reduce child protection risks in vulnerable families. For example, supporting families caring for children through informal foster care, assistance with payment of school fees may effectively reduce protection risks for some children. • Social protection programmes may increase protection of children in vulnerable families (LEAP in Ghana is an example of one such programme that has the potential of reducing some child protection violations, including child marriage, child labor and trafficking risks amongst extreme poor families).
Responding to child protection violations
This is ensuring that action is taken to protect the child and his/her family when the child has already experienced a form of abuse. This may involve putting a stop to, and/or alleviating the immediate effects of a specific pattern of abuse and then supporting the child to restore his/her dignified living conditions through rehabilitation, restitution and repatriation. Responding to child protection must thus involve both responsive and remedial actions.
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Responsive actions include: • Reporting the case to appropriate informal (community structure, including Chiefs, religious leaders) or formal state institutions (Police, Department of Social Welfare, Commission on Human Rights and Administrative Justice etc.); • Ensuring the child is ‘rescued’ or removed from the situation (removed from the street and offered other living arrangement, removed from hazardous forms of labor, including trafficking).
Remedial actions include:
This involves providing the child (and his/her family) with necessary assistance to recover from the incident and for his/her social reintegration (i.e. counseling and other forms of psychosocial and emotional support, education and vocational training opportunities, medical care etc. Traditional cleansing ceremonies may also be part).
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Session 3: Child and Family Welfare22,23,24
Ghanaian children grow up in closely connected extended family networks, with strong cultural traditions governing their birth, socialisation and upbringing. In many communities, particularly in rural areas, members of the wider extended family have an influential role and are expected to participate in the upbringing of children. Their involvement is seen as essential to ensure that children grow up in a protective environment into responsible and respectful individuals. This session discusses with participants what constitutes a family in the Ghanaian communities and the roles the family welfare system needs to play in ensuring a protective and safe environment for children to grow to become responsible.
Facilitators’ Action
a. Introduce the session by informing participants that every child has the right to live and grow with a family that loves him/her and that provides their needs in order for them to develop and become responsible in society. In order to ensure that the upbringing is guided in such a way that the children don’t become abused or exposed to any form of harm, there are laws and policies that are intended to guide the Child and Family Welfare system in Ghana. b. Divide the participants into three groups and ask them to discuss and come up with the definitions of the following on flip charts: Group 1 – what is a Family? Group 2 – what is Welfare? Group 3 – what constitutes the Child and Family Welfare System? c. Allow the groups to present the outcomes of their discussions, ensuring the other groups add to what might be missing and use the definitions of a “family”, “welfare” and the Child and Family Welfare System in the text box below taken from CFWP to summarise the discussions. d. Continue the session by asking participants to define or explain what is meant by “a child in need of care and protection” and which children are in need of care and protection. After a few responses add to the discussions by using the information and key points in the Facilitators’ Notes 2.2.3a - Who is a Child in Need of Care and Protection? e. Now ask participants to mention some of the family welfare issues/cases that are reported to them as Social Welfare Officers and record the key issues on a flip chart. Remember to mention that some of the family welfare issues that you are going to be discussed in this session are Child Maintenance, Child Custody and Access, Paternity and Family Reconciliation. f. Ask the participants to revert to their 3 groups and give them the case study on Child Maintenance (presented in the text box on Child Maintenance Case Study) and ask them to discuss:
22 Child and family Welfare Policy, 2014, Ministry of Gender, Children and Social Protection 23 The Children’s Act 1998 (Act 560) 24 Social Welfare and Community Development Training Manual, Local Government Service, March 2014
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•• What human rights issues are raised in relation to the child? •• As a social worker what will you do to solve this problem? g. Allow the groups to present at plenary and present the PowerPoint Presentation PPT 2.2.3 - Child Maintenance to clarify all the points made by the groups during plenary as a continuation to the discussion. Allow participants to ask questions for clarifications and also contribute to the discussions using other case scenarios and experiences in their line of duty on child maintenance cases. h. Ask the participants to go back to their groups and give them the Case Study on Child Custody. Allow them to have a thorough discussion of the case scenario and ask them to: •• Determine or identify which CP violations the children been exposed to •• Who will they recommend to take custody of the children? i. Allow the groups to present at plenary and use the key points in the Facilitators’ Notes 2.2.3b - Child Custody and Access to clarify all the points made by the groups during plenary as a continuation to the discussion. Allow participants to ask questions for clarifications and also contribute to the discussions using other case scenarios and experiences in their line of duty on child custody and access cases. j. Again while still in their groups, give the participants the Case Study on Paternity and ask them to discuss thoroughly and answer the following questions •• What human rights issues are being raised here? •• As a Social Worker what will you do to resolve this problem? k. Allow the groups to present at plenary and use the key points on Paternity in the text box to clarify all the points made by the groups during plenary as a continuation to the discussion. Allow participants to ask questions for clarifications and also contribute to the discussions using other case scenarios and experiences in their line of duty on similar cases. l. Continue the session by asking participants what brings family conflicts and what can be done as social workers to bring reconciliation. Use the key points listed in the text box on Family Reconciliation to add to the discussions while allowing questions, examples and contributions from participants to conclude the session.
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Definitions of Family, Welfare and Family Welfare System 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. The definition of family in the CFW policy is guided by traditional and cultural norms which often go beyond the concept of nuclear family. •• Nuclear family is typically defined as a family group that consist of only mother, father and children. •• Extended family: is typically defined as a family that includes near relatives in addition to the nuclear family. Welfare: The CFW 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.
Definitions of Family, Welfare and Family Welfare System 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. The Child and Family Welfare System comprises 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. The CFW 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. The 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).
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Facilitators’ Notes 2.2.3a - Who is a Child in Need of Care and Protection?
Section 18 of the Children’s Act specifies conditions in which a child can be said to be in need of care and protection.
Meaning of care and protection
18. (1) For purposes of this Act, a child is in need of care and protection if the child – a) is an orphan or is deserted by his relatives; b) has been neglected or ill-treated by the person who has the care and custody of the child; c) has a parent or guardian who does not exercise proper guardianship; d) is destitute; e) is under the care of a parent or guardian who, by reason of criminal or drunken habits, is unfit to have the care of the child; f) is wandering and has no home or settled place of abode or visible means of subsistence; g) is begging or receiving alms, whether or not there is any pretence of singing, playing, performing, offering anything for sale or otherwise, or is found in any street, premises or place for the purpose of begging or receiving alms; h) accompanies any person when that person is begging or receiving alms, whether or not there is any pretence of singing, playing, performing, offering anything for sale or otherwise: i) frequents the company of any reputed thief or reputed prostitute; j) is residing in a house or the part of a house used by any prostitute for the purpose of prostitution, or is otherwise living in circumstances calculated to cause, encourage or favour the seduction or prostitution of or affect the morality of the child; k) is a person in relation to whom an offence has been committed or attempted under section 314 of the Criminal Code, 1960 (Act 29) on slave dealing; l) is found acting in a manner from which it is reasonable to suspect that he is, or has been, soliciting or importuning for immoral purposes; m) is below the age of criminal responsibility under the Criminal Code, 1960 (Act 29) and is involved in an offence other than a minor criminal matter, or n) is otherwise exposed to moral or physical danger. Section 19 permits the Department to conduct an investigation if there are reasonable grounds to suspect child abuse or a need for care and protection. Section 19 (3) of the Children’s Act gives the Department of Social Welfare the mandate to remove a child in need of care and protection as stated under section 18 (1) (a-n) to a place of safety,
Part Two | Social Welfare 41 Part 2: Social Welfare irrespective of the status of that child, whether a Ghanaian or a refugee. A place of safety includes the various children’s homes managed by the Department of Social Welfare or recognized private children’s homes or to the home of a fit person in the locality or fosterage within the family.
Handouts 2.2.3 – Case Studies on Child Maintenance, Custody and Access and Paternity25
Case Study on Child Maintenance: Ama is not married to Kofi despite having a child with him. When Ama was pregnant with the child, Kofi asked her to abort it but she refused. When Ama gave birth Kofi refused to take care of the child. Ama became frustrated of taking care of the child alone. This is because she is into petty trading and the income she makes is not enough to take care of the child especially since the child has reached a stage where she has to be taken to school. Ama wants her child to be educated in order to become a responsible citizen. Therefore, she decided to report the case to the Department of Social Welfare in her district.
Case Study on Child Custody Mensah and Maa Abena were happily married for 15 long years with five children until conflict ensued and they had to separate. The eldest child is 14 years and the youngest 5. A social worker tried settling the issue of custody and Maa Abena presented an overly positive impression of herself. She viewed herself as trying to protect their children from what she perceived as husband’s indiscretions and careless, if not neglectful supervision of the children. She claimed that one of the female children had been sexually molested by a playmate while in the father’s care. She also claimed that the husband was ‘militant’ in demanding the time to which he is ‘entitled’ to the children at the expense of the children’s feelings or best interests. She expressed deep resentment and bitterness at the husband for the deterioration and ultimate breakup of the marriage. Investigations revealed that the care she had for the children while not neglectful, had contributed more to children’s emotional discomforts. Her parenting style with children showed a characteristic style which did not appear to promote adequate age-appropriate autonomy and emotional security in the Children. She seemed to use children’s anxieties to prove that children were uncomfortable with their father.
25 Social Welfare and Community Development Training Manual, Local Government Service, March 2014
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Case Study on Child Custody One of the children acknowledged he heard his mother saying to someone his dad tried to kidnap him and his siblings and kill her (mother) too, but he did not believe his dad could do so. Another child was disturbed by the unsettledness brought about by his parents’ continued fighting with each other. He expressed difficulty understanding or rationalizing why his mother tried to discredit his father all the time. Mensah’s actions also showed immaturity that translated into questionable parenting judgments, and he could be manipulative and competitive when dealing with the wife. Nevertheless, he evidenced a structured, even-keeled approach to parenting and will be unlikely to become overwhelmed.
Case Study on Paternity Ernestina was staying with her auntie in a village and had just completed learning how to sew. As a seamstress, she decided to rent a kiosk in town where she could ply her trade. She also rented a room close to her workshop to stop the hustle of taking transport every day. The landlord of the house she rented expressed interest in her and promised to marry her. They started cohabiting and in no time Ernestina took seed. When she informed the landlord about it, he told her he was not responsible for the pregnancy. When Ernestina gave birth the landlord refused to take care of the child and she brought the case to the Department of Social Welfare in her district.
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Facilitators’ Notes 2.2.3b - Custody and Access Custody26
Child custody and guardianship are legal terms which are used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent’s duty to care for the child. Residence and contact issues typically arise in proceedings involving divorce, annulment and other legal proceedings where children may be involved. In most jurisdictions the issue of which parent the child will reside with is determined in accordance with the best interests of the child standard.
The Children’s Act 560, Sub-Part II – Custody and Access Custody
43. A parent, family member or any person who is raising a child may apply to a Family Tribunal for custody of the child.
Access
44. A parent, family member or any person who has been caring for a child may apply to a Family Tribunal for periodic access to the child.
46. Unlawful child removal –
No person shall unlawfully remove a child from another person who has the lawful custody of the child.
Forms of Custody • Alternating custody- is an arrangement whereby the child/children live for an extended period of time with one parent, and then for a similar amount of time with the other parent. While the child/children are with the parent, that parent retains sole authority over the child/children. • Shared custody - is an arrangement whereby the child/children live for an extended period of time with one parent, and then for a similar amount of time with the other parent. Opposite to alternating custody, both parents retain authority over the child/children. • Joint custody - is an arrangement whereby both parents have legal custody and/or physical custody.
26 Social Welfare and Community Development Training Manual, Local Government Service, March 2014
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• Sole custody - is an arrangement whereby only one parent has physical and legal custody of the child/children. Split custody - is an arrangement whereby one parent has full-time custody over some children, and the other parent has full custody over the other children. • Third-party custody - is an arrangement whereby the children do not remain with either biological parent, and are placed under the custody of a third person.
Custodial Parents
A child-custody determination means a judgment, decree, or an order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, and modification order. The term does not include an order relating to child support or other monetary obligation of an individual.
Where the child lives with both parents, joint physical custody is ordered, and both parents are custodial parents. Where the child will only live with one of the parents, sole physical custody is ordered, and the parent with whom the child lives is the custodial parent, the other parent is the non-custodial parent. Note, however that, where the child will live with both parents, joint physical custody is ordered, and both parent are custodial parents. A custodial parent is a parent who is given physical and/or legal custody of a child by court order. Non-Custodial Parents is a parent who does not have physical and/or legal custody of his/her child by court order. The Children‘s Act Sections 43 and 44 talk about applying for custody and access respectively. The section 45 outlines the considerations for custody or access as follows: (1) A Family Tribunal shall consider the best interest of the child and the importance of a young child being with his mother when making an order for custody or access. (2) Subject to subsection (1) a Family Tribunal shall also consider (a) the age of the child; (b) that it is preferable for a child to be with his parents except if his rights are persistently being abused by his parents; (c) the views of the child if the views have been independently given; (d) that it is desirable to keep siblings together; (e) the need for continuity in the care and control of the child; and (f) any other matter that the Family Tribunal may consider relevant.
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Paternit There are instances whereby men deny the paternity of their children and these cases come before the social welfare officer. The following are issues concerning paternity: •• A child born to the wife during a marriage under common law is determined to be the husband’s child by a “presumption of paternity”. This presumption can sometimes be rebutted by evidence to the contrary, generally prior to a formal court ruling involving divorce, annulment or legal separation. •• In the case of unwed parents, a man may come forward and accept the paternity of the child in what is called a “voluntary acknowledgment of paternity”, •• The mother or government (e.g. Department of social welfare) can file a petition for a determination of paternity against a putative father, or paternity can be determined by the courts through estoppels over time. •• Where paternity of the child is in question, a party may ask the court to determine paternity of one or more than one or several possible fathers (called putative fathers), typically based initially upon sworn statements and then upon testimony or other evidence. •• A successful application to the court results in an order assigning paternity to a specific man, possibly including support responsibility and/or visitation rights, or declaring that one or more men (possibly including the husband of the mother) are not the father of the child. •• A disavowal action is a legal proceeding where a putative father attempts to prove to the court that he is not the father; if successful, it relieves the former putative father of legal responsibility for the child. •• A paternity test establishes genetic proof whether a man is the biological father of an individual, and a maternity test establishes whether a woman is the biological mother of an individual. •• Social Workers often try to handle paternity cases in their own way by trying to find out whether in the first place the man had sexual contact with the woman or not. •• An estimate is then made between the period they had the sexual contact and the age of the pregnancy to find out the possibility that the man impregnated the woman or not. This is however not scientific and such cases end up in the court.
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Family Reconciliation Interpersonal conflicts are almost inevitable within families. The differences among family members in knowledge, desires, values, abilities, etc., account for much of this turmoil. Family members are often deeply hurt in the course of their conflicts and sometimes there is a significant breach of trust. •• Conflicts vary from brief disagreements that are hardly noticeable, to extremely destructive emotional and physical battles that last for years. •• During any major episode of conflict, all parties involved tend to feel unfairly treated by others. For instance, in an ordinary family argument, each person will try to protect the self from unfair accusations by using defensive statements or counter-attacks that may end up disqualifying and hurting the other. •• In these situations, both parties in the conflict feel wronged and both contribute to the hurt and suffering. •• Mutual wrongs, however, do not balance each other out and there is often a significant magnitude gap with respect to the amount of injury inflicted by each party upon the other. One person usually ends up more traumatized.
Suggestions
Usually, family members try to recover a sense of personal and relationship wellbeing by endeavouring to forgive and reconcile. This can be a long and arduous process. The social worker can be consulted to facilitate such healing. •• You should look for the negative roles each partner is playing in the conflict and if each is willing to change those roles to facilitate peace. •• Thus, if genuine reconciliation is to occur, the person who inflicted the most harm needs to take more initiative to acknowledge mistakes, apologize, and take restorative action, while the other needs to take more initiative to forgive and restore the relationship. •• Once such a healing process gets started, reciprocity in apologizing and forgiving tends to occur and reconciliation becomes more likely.
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Session 4: Alternative Care for Children27
Children living outside of parental care are at high risk of neglect, abuse and exploitation. A permanent, safe and caring family is the best place for children to grow and all children should be cared for by their parents as much as possible. However, not all birth families are safe, nurturing and protective, and there are times when alternative care for children is necessary. This session introduces participants to key concepts in alternative care, including family based care and residential care, and explains why family-based care is the preferred form of care for children whose parents are unable or unwilling to take care of them. The session is also to equip CP actors with knowledge in order to raise awareness in communities on the need to prevent family separations and where parental care is not an option, promote family-based alternatives to residential care.
Facilitators’ Action
a. Introduce the session by summarizing the introductory paragraph of the session above, stressing that this session is to explain the key concepts in Alternative Care for children and why family based care should always be the preferred choice. b. Divide the participants into 4 or 5 groups and ask them to •• Define Alternative Care •• List the different forms of Alternative care •• Explain what each of those different forms mean •• List reasons why children end up needing Alternative Care •• List children who are at high risk of being placed in residential care in Ghana c. Allow the groups to present at plenary and use the key points in the Facilitators’ Notes 2.2.4a - Alternative Care to clarify all the points made by the groups during plenary as a continuation to the discussion. Allow participants to ask questions for clarifications and also contribute to the discussions using their experiences in their line of duty on alternative care. d. Ask participants if there are other reasons that put children at risk of placement in residential care apart from those listed above. e. Ask participants what the CRC and the Child and Family Welfare Policy say about Alternative care and use the information in the text box below to clarify the points that would be raised. Also ensure to mention the Principles of Necessity and Suitability (also in the Facilitators’ Notes on Alternative Care)
27 Facilitators’ Training Manual for Community Engagement Protecting Children from Violence, Abuse, Neglect and Exploitation, Additional Module on Alternative Care of Children, 2018, UNICEF Ghana, Department of Social Welfare of the Ministry of Gender, Children and Social Protection and the Department of Community Development of the Ministry of Local Government and Rural Development
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What does the CRC say on Alternative Care?
Parents have the primary responsibility for the upbringing and development of the child and where parents are unwilling and unable to provide care, alternative care arrangements many have to be found.
What does the Ghana Child and Family Welfare Policy say about Alternative Care?
Strategy 4.1: Alternative Care – when child’s family is not an option •• Ensure child is maintained in own family as much as possible •• Only remove child in case of immediate danger •• Place child with his or her family, in same community or local placement with pool of pre- determined persons •• If no immediate placement in the community is found, residential homes may be considered a temporary solution while a longer-term family-based alternative is sought f. To continue the discussions on Residential, remind participants that it encompasses institutional care such as orphanages, children’s homes, children’s villages, shelters for abused, trafficked or street children, transit homes and care facilities for children with disabilities. Its basic characteristic is that it is a group living facility where salaried staff or volunteers ensure care for un-related children living there. g. Ask them to go back to their groups and discuss why residential care is harmful to children and after the group presentations at plenary, use the information and key points inthe Facilitators’ Notes 2.2.4b - Why Residential Care is not the best for Children to contribute to the discussions. h. Remember to mention the Government of Ghana Policy on Residential Homes (also listed in the Facilitators’ Notes on why Residential Care is not the best for Children) and the fact that Deinstitutionalisation, which is the process of finding family homes for children currently resident in orphanages, promoting family-based care is very important. Also impress on participants that the overall aim of service providers and other CP actors should therefore promote family-strengthening programmes in order to enable and empower parents to care for their children so that families can remain together. i. Inform participants at this point that the next part of the discussions in this session will be focused on Fosterage and Adoption which are other forms of Alternative Care that have been seriously looked at in Part IV Children’s Act, 1998 (Act 560) and the Children’s Amendment Act, 2016 (Act 937). j. Present the Facilitators’ Notes 2.2.4c - Fosterage and Adoption which presents excepts of the Part IV of the Children’s Act - Fosterage/Adoption and the portions of the Children’s Amendment Act, 2016 (Act 937), that have the Part IV of the Children’s Act, 1998 (Act 560) amended.
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k. In another plenary session, use the Facilitators’ Notes 2.2.4d - Accreditation for Foster Care Agency to discuss with the participants the requirements and regulations for the accreditation for foster-care agency. l. Conclude this session by allowing participants to ask questions for clarification and also share their experiences in handling fosterage and adoption cases using the Children’s Act and the Children’s Amendment Act. Ensure that the portions of the law that talks about punishment for offending provisions under these laws are mentioned and explicitly explained invery simple words for participants to understand so they can explain to community members during their engagement with them.
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Facilitators’ Notes2.2.4a - Alternative Care28
Children living outside of parental care are at high risk of neglect, abuse and exploitation. A permanent, safe and caring family is the best place for children to grow and all children should be cared for by their parents as much as possible. However, not all birth families are safe, nurturing and protective, and there are times when alternative care for children is necessary. Alternative Care refers to the care arrangements that have to be made when children’s parents can’t care for them. It is care for children who are not under the custody of their biological parents. These are children for whom parental care is not an option because parents are either unwilling or unable to care for them, including being deceased. Alternative Care includes family-based care, residential care and adoption. Alternative care can be family-based through kinship care or foster care arrangements or non-family-based in residential care. • Family-based care is a form of alternative care that involves a child living with a family other than his/her birth parents and includes kinship care and formal foster care. It is where the child lives in a family environment but is cared for by someone who is not a biological parent such as a relative, close family friend or foster parent. Family based care is the preferred alternative care option for children because it helps ensure that children grow up in a stable, safe and caring family. • Residential care is care provided in any non-family based group setting such as shelters/ places of safety for emergency care, and all other short- and long-term residential care facilities, including orphanages, children’s homes, children’s villages and shelters. In Ghana residential care facilities are called Residential Homes for Children (RHCs). Regardless of name, residential care has the same features: • Unrelated children live in the care of paid adults. • Children are separated from their family and often their community. In many cases, they do not have the opportunity to bond with a caregiver. • Facilities are usually run according to workplace routines instead of responding to children’s individual needs, and have an ‘institutional’ rather than a domestic or homely feel. Residential care can be considered as a last resort temporary solution only if no immediate family-based care placement is found, while a longer-term family-based alternative or permanent care solution like adoption is arranged. • Adoption is also a type of alternative care but is not family-based care as it is a permanent solution for a child who cannot be with his/her biological parents and is included under alternative care but not as a family-based care option.
28 Facilitators’ Training Manual for Community Engagement Protecting Children from Violence, Abuse, Neglect and Exploitation, Additional Module on Alternative Care of Children, 2018, UNICEF Ghana, Department of Social Welfare of the Ministry of Gender, Children and Social Protection and the Department of Community Development of the Ministry of Local Government and Rural Development
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Formal and Informal Alternative Care - Alternative care can be informal or formal. Informal Care refers to any private arrangement provided in a family environment, where the child is looked after on an on-going or indefinite basis by relatives (kinship care) or by others in their individual capacity. Formal Care is all alternative care in which placement has been ordered by a competent administrative body (the Department of Social Welfare) and court. Residential care is always considered formal care even if the necessary court orders have not been obtained. In Ghana, placements in residential care without the necessary authority are illegal.
Reasons why Children end up needing Alternative Care
Children can be separated from parental care for many reasons including: • Death of one or both parents • Abandonment by parents • Ensuring access to education and other basic services as well as food and other necessities • Medical treatment or other specialised care for the child (e.g. disability) • Administrative or court decision that removal from parental care is in child’s best interest (abuse, neglect or exploitation) • Voluntary placement by parents on temporary basis (e.g. sudden emergency, unable to cope) • Temporary or permanent incapacity of parents (e.g. imprisonment, illness, unemployment, migration for work, disability) • Exploitation and other forms of abuse or neglect (e.g. child trafficking) • Parents giving up their child permanently for adoption (permanent relinquishment) Children at High Risk of Placement in Residential Care in Ghana • Child with severe/multiple disabilities • Child of single parent with mental disability or substance abuse problem • Child from large poor family unable to pay for school fees and other material needs • Baby of mother who died in childbirth (cursed/evil) • Babies accused of being cursed, evil, witches or wizards • Child with physical abnormality/difference e.g. 6 toes, born with full set of teeth or full head of hair • Baby of teenage single mother
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Principles of Necessity and Suitability in Alternative Care
The principles of necessity and suitability are found in the UN Guidelines on Alternative Care, 2009. • Principle of Necessity In order to ensure that children only end up in formal alternative care as a last resort a formal and thorough screening process needs to be in place (part of the “gatekeeping” process) to assess whether there really is a need for placement i.e. is it necessary? For many children separation from parents might not have happened if community-based support services were available. Financial and material poverty, or conditions related to poverty, should never be the only justification for removal of a child from parental care but should be seen as a signal for the need to provide appropriate support to the family. Services need to be in place to PREVENT children being admitted to formal alternative care settings. • Principle of Suitability The principle of suitability is about ensuring that, when alternative care is required, it is suitable for providing quality care that will meet the child’s needs, circumstances and wishes. A range of alternative care options are needed (including kinship care, foster care, residential care and adoption) if we are to meet the ‘suitability’ principle. Again, the decision as to the most appropriate placement should be made as a result of the screening process.
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Facilitators’ Notes 2.2.4b - Why Residential Care is not the best for Children29
Studies done all over the world on children in residential care, including Ghana, has shown time and time again that while some institutions may be well-resourced with dedicated staff they cannot replace a family and a loving, caring, nurturing family to be the best place for all children to grow. Daily life in a residential care home, especially those with large numbers of children, is very different from the daily life of family. In a loving family, children experience close relationships and day-to-day interactions that contribute to healthy social and emotional development, self- image, and sense of belonging. Without growing up in a family, it is difficult for a child to learn the meaning of kinship and parenting, potentially hindering his or her own ability to parent effectively later in life. Many people think that residential homes are safe places for children in need of care and protection, but this is often not the case. Children in residential homes are at a higher risk of abuse and neglect due to poor standards of care in some homes. The closed and often isolated nature of residential care, together with the fact that many resident children are unaware of their rights and are powerless to defend themselves, make these children significantly more vulnerable to abuse, exploitation and neglect. Children with disabilities are at an increased risk of such abuses. Some residential homes have been set up as businesses and have been known to go out and “harvest” children so that they can attract more donations. Eighty years of research30 has shown the negative impact of institutionalisation on children’s health, development and life chances including: • Physical stunting • Poor social and psychological development • Lower IQs and levels of brain activity • Poor self-confidence • Lack of empathy • Aggression • Tendency to self-harm • Delayed language development • Attachment disorder
29 Facilitators’ Training Manual for Community Engagement Protecting Children from Violence, Abuse, Neglect and Exploitation, Additional Module on Alternative Care of Children, 2018, UNICEF Ghana, Department of Social Welfare of the Ministry of Gender, Children and Social Protection and the Department of Community Development of the Ministry of Local Government and Rural Development 30 ibid
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• Poor social networks or skills that are essential in adulthood • Unpreparedness for life outside the institution • It is harder for them to find employment and they are more likely to have behavioural, physical and mental health problems, including high risk behaviours, sexually transmitted infections, alcohol or drug misuse and violence. The detrimental effects of residential care are increased when children are placed at an early age and/or for long periods of time, and especially in institutions with large numbers of children and few caregivers. Despite the best efforts of some residential care homes, life skills necessary for successful, independent living are more difficult to learn in this type of living situation. Too many times this results in unemployment, homelessness, conflict with the law, and sexual exploitation. These same studies show that children raised in biological, foster, and adoptive families demonstrate better physical, intellectual, and developmental outcomes than children living in residential care. Residential care cannot replace the loving care of family and too often fails to meet the developmental needs of children so should never be used as a primary or long-term solution. Poverty, financial or material, should never be the only justification for removing a child from parental care, receiving a child into residential care, or preventing his/her reintegration, but should be seen as the signal for the need to provide appropriate support to the family. Removal of a child from the care of the family should always be seen as a measure of last resort. For children who have been orphaned or whose parents are unable or unwilling to take care of them for whatever reason, the first consideration should be for them to remain informally, or formally, within their own extended family. Family-based alternative care is the next best-preferred option. Residential care may be considered as a temporary alternative care solution for some children in emergency situations and with no other means of support but only as a last resort if no immediate placement in the community is found. A small group home may also be most appropriate for older children with extreme behavioural concerns, or children with complex disabilities.
The Government of Ghana Policy on Residential Homes
• Children should be cared for by their families as much as possible. • Residential care may be considered as a last resort temporary solution if no immediate placement in the community is found while a longer-term family-based alternative is sought. • No unlicensed or sub-standard residential homes should be allowed to operate. • No new residential homes should be established. Ghana already has too many residential homes. • No children should be in residential homes if they have families and poverty is the only reason they are in the institution.
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Institutionalization versus Deinstitutionalization: Institutionalisation of children is not a necessity – it is a choice. There is a persistent misconception that institutionalisation is a valid means of delivering social, health, educational and other services to children, or at the very least, an inadequate but essential response due to a lack of alternatives. There are however cost-effective alternatives that allow children to live in a protective family environment such as preventing family separation, reuniting families, providing family-based alternative care. Strengthening families to care for their children should be the first priority, always and everywhere. Deinstitutionalisation is a process of reforming child care systems and closing down orphanages and children’s institutions, finding new placements for children currently resident and setting up replacement services to support vulnerable families in non-institutional ways. Deinstitutionalisation is the process of finding family homes for children currently resident in orphanages, promoting family-based care. It became best-practice in many developed countries in the 1960s and 1970s. It has been happening in Eastern Europe since the fall of communism and is starting in Africa and Asia. For a successful deinstitutionalisation, there is the need to build capacity of communities and social services to provide family-strengthening services and family-based care alternatives. The overall aim of family-strengthening programmes is to enable and empower parents to care for their children so that families can remain together.
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Facilitators’ Notes 2.2.4c - Fosterage and Adoption
The Children’s Act (and the Children’s Amendment Act) also provide for the fosterage and adoption of children and Social Workers have a role to perform and the following sections clearly spell out the conditions under which fosterage or adoption can be granted/permitted.
Part IV of the Children’s Act - Fosterage and Adoption
Sub-Part I-Fosterage
Section 62 - Person who can foster –
Any person above the age of twenty-one years of high moral character and proven integrity may be a foster-parent to a child.
Section 63 - Definition of foster-parent –
A foster parent is a person who is not the parent of a child but is willing to undertake the care and maintenance of the child.
Section 64 - Foster-care placement –
(1) Where – a) a child has been committed to an approved residential home under a care order; b) a recommendation has been made by a probation officer or social welfare officer that an approved residential home is the most suitable place for a child; or c) a child has been placed in an approved residential home by any person, a committee comprising a probation officer, social welfare officer, person in charge of the approved residential home and two other people from the community with interest in the welfare of children selected by the Department may place the child with a foster parent. (2) An application to foster a child shall otherwise be made to a probation officer, social welfare officer or to the person in charge of the approved residential home who shall forwardthe application to the Department. (3) A foster-parent in whose care a child is placed or committed shall have the same responsibilities in respect of the child’s maintenance as the parent of the child while the child remains in his care. (4) A foster-parent is liable for contravention of any of the provisions under Part I of this Act.
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(5) The Minister may by legislative instrument make regulations on fosterage.
Sub-Part II – Adoption Application
Section 65 - Jurisdiction and procedure for adoption –
An application for an adoption order may be made to the High Court, Circuit Court or to any Family Tribunal within the jurisdiction where the applicant or the child resides at the date of the application.
Section 66 - Application for adoption –
(1) An application for an adoption order may be made jointly by a husband and his wife to adopt a child. (2) An application for an adoption order may be made by the mother or father of the child alone or by either of them jointly with a spouse. (3) An application for an adoption order may be made by a single person subject to the provisions of this Sub-Part except that this shall only apply to a citizen of Ghana and with due regard to the best interest of the child.
Sections 67 – 75 also mention: •• Restrictions on making adoption orders, •• Consent of parents and guardians, •• Other Consent •• Conditions for adoption order, interim order, Knowledge of adoption by child (disclosure to be made if it is in the best interest of the child and if child is at least 14 years) •• Application by non-citizens •• Children previously adopted •• Effect of adoption on parental rights
Section 83 – Offences related to adoption
(1) No person shall give any payment or reward in respect of an adoption order except with approval of the court. (2) No person shall receive any payment or reward in respect of any arrangement that may or may not lead to an adoption order.
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(3) Any person who contravenes this section commits an offence and is liable on summary conviction to a fine not exceeding ¢5 million or to a term of imprisonment not exceeding one year or to both.
Sections 84, 85 and 86 respectively mention •• Notice to be given to send child abroad •• Inter-country adoption •• Procedure rules for adoption
Part IV of Act 560 Amended
Section 62 – Guiding Principles
(1) For the purposes of this Part, a) the starting point in a process that may lead to fostering or adoption of a child is the child: and b) the guiding principle in a decision relation to the fostering or adoption of a child is the best interest of that child (2) The financial or material poverty of a family shall not be a justification for placing, or receiving a child in alternative care, but shall be seen as a signal to provide appropriate support to the family
Section 63 – Foster Care Services
(1) An agency that wishes to provide foster-care services shall apply to the Department in the prescribed manner for accreditation to provide the service (2) The Department may revoke an accreditation granted to an agency under subsection (1).
Section 64 – Persons who can foster
(1) A person who is at least twenty-one years of high moral character and proven integrity may be a foster parent to a child (2) Despite subsection (1), a relative of a child who is at least eighteen years of age may be a foster- parent to a child. (3) A person qualified under subsection(1) or (2) shall provide foster-care to a child in need of care and protection.
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Section 65 – Application to foster a child
A person who qualifies to foster a child shall apply to the Department in the prescribed manner.
Section 66 – Child in need of foster-care
Where a child under a care order is committed to a) an approved residential home, b) a fit person, or c) at the home of a parent, guardian or approved relative, the Foster-Care Placement Committee may place the child with a foster-parent
Section 67 lists the membership of the Foster-Care Placement Committee to be appointed by the Minister:
The Regional Director of the Department (the chairperson of the committee), a Queen mother nominated by the Regional House of Chiefs, a trained counsellor or psychologist of not less than three years of experience, a social worker and one other person from Civil Society Organizations with interest in the welfare of children nominated by the Civil Society Organizations.
Sections 68 – 75 also talk about: •• the functions of the foster-care placement committee, •• the meetings of the committee, •• the establishment of a Foster-Care Service Unit by the Department at the National Level, •• establishment of a Foster-Care Register by the Foster-Car Service Unit •• Establishment of a Foster-Care Fund, object of the fund, sources of money for the fund as well as uses of moneys of the fund
Section 79 – Child to be adopted
(1) A child may be adopted if that child is a) less than eighteen years of age b) in need of care and protection c) under a care order, and d) other options of care for the child have been explored and adoption is considered the preferred option.
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(2) Despite subsection (1) (b) and (1)(c), a child may be given up for adoption a) to a spouse of a parent of the child, b) if a relative wishes to adopt the child, or c) if special circumstances warrant adoption of the child. (3) A child shall not be given to adoption unless the child has been declared adoptable.
Sections 80 – 86 A and B respectively also mention provisions for: •• Restrictions on making adoption orders •• Consent to an adoption order •• Effects of adoption order on parental rights •• Children previously adopted •• Application to adopt a child •• Application for adoption order •• Conditions for adoption order •• Interim order (86A) •• Revocation of adoption order (86B)
Section 86C - Knowledge of adoption by child
A person other than the adoptive parent shall not disclose information on adoption to the adopted child and anyone who contravenes this commits an offence and is liable on summary conviction to a fine of not more than one hundred penalty units or to a term of imprisonment of not more than six months or both. The authority may permit an adopted child who has attained twenty-one years of age to have access to information on the adopted child.
Sections 86 D - Z •• Child Study and adoptability of a child •• Home study and eligibility of an applicant •• Support services •• Matching and pre-adoption placement •• Post adoption requirements •• Intercountry adoptability
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•• Eligibility, suitability and approval of application •• Restrictions on intercountry adoption •• Matching and pre-adoption placement (pre-adoption procedure) •• Interim adoption order (transfer of child to receiving state) •• Post adoption services •• Establishment of Central Adoption Authority •• Object and functions of the Central Adoption Authority •• Establishment and functions of an Adoption Board, Technical Committee and Adoption Secretariat •• Effect of adoption order on customary law, citizenship and foster parent •• Establishment of adopted Children’s Register •• Offences under this Part
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Facilitators’ Notes 2.2.4d - Accreditation for Foster Care Agency
Foster Care Regulations, 2018, L.I. 2361
Accreditation of foster care agency – Regulation 7
1) the Department may accredit a foster-care agency to provide the following a) Train eligible foster-parents in accordance with the training manual provided by the Department b) Support a foster-parent, a child in foster-care, and a parent, guardian or relative of a child in the development, implementation and review of the case plan and care plan of the child c) Supervise and monitor the performance of a foster family in accordance with the case plan or care plan d) Manage, monitor and review the performance of a parent, guardian or relative against the care plan e) Ensure information relevant to the child is documented f) Conduct home study and prepare Home Study Report g) Conduct annual mutual review in accordance with the regulation 37 and h) Provide any other services that the Department may consider necessary 2) The Department shall not accredit a foster-care agency to conduct a child study or prepare a Child Study Report
Application for accreditation as foster-care agency – Regulation 8
1) An agency that seeks to be accredited to provide foster-care services shall be a not for profit organization working in the interest of children 2) The agency shall obtain application form as set out in Form I of the Schedule at the district in which the agency operated upon payment of a prescribed fee 3) The agency shall a) Submit the application, together with all statutory documents on incorporation and operation of business to the district office of the Department; and b) Provide evidence of work for children and demonstrate ability to provide foster-care services
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Consideration for Application - Regulation 9
1) The District Social Welfare Officer of the Department shall on receipt of an application ensure that relevant supporting documents are attached to the application and forward the documents to the Regional Director of the Department within five days of receipt of the application for review. 2) The Regional Director shall forward the reviewed application together with recommendations to the Foster-Care Services Unit within five days of receipt of the application at the Regional Office. 3) The Interdisciplinary Committee of the Foster-Care Services Unit shall review the application together with the recommendations in sub regulation (2). 4) Where the application meets the set requirements, the Foster-Care Services Unit shall notify the agency of approval of the application within twenty days of receipt of application. 5) The Foster-Care Services Unit shall grant a licence as set out in Form 2 of the schedule to the agency 6) Where the Foster-Care Services Unit denies the application, the Foster-Care Services Unit shall, within twenty days, notify the agency of the refusal and give reasons. 7) Where an agency is dissatisfied with a decision in sub regulation (6), the agency may appeal to the Multi-Disciplinary Review Committee for a review of the decision within thirty days of refusal.
Validity and renewal of accreditation – Regulation 10
1) A licence issued by the Department to an agency is valid for one year 2) An agency shall renew its licence annually three months to the expiration of the licence and upon payment of the prescribed fees.
Revocation of accreditation – Regulation 11
1) The Department shall revoke a licence issued to an agency where a) The agency has provided false information in its application for accreditation to provide foster-care service b) The agency refuses to comply with a directive from the Department to rectify a violation of a condition of licence; or c) Investigations conducted by the Department reveal that the agency is no longer able to provide foster-care services 2) The Department shall notify an agency of the intention to revoke its licence within seven days of the decision to revoke.
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Session 5: Some Key Child Protection Violations As already mentioned in the earlier sessions, Child Protection is referred to as all efforts including laws, strategies, policies, standards, guidelines and procedures aimed at protecting children from all forms of intentional and unintentional harm. This session throws more light on key child protection violations that CP service providers and actors need to be aware of. This will empower them to be able to work to prevent those CP issues in order to provide a safe and protective environment for children and adolescents.
Facilitators’ Action
a. Begin the session by reminding participants that under the CRC and other international treaties and national laws and policies, all children in Ghana have the right to be protected from harm. Preventing and responding to violence, exploitation and abuse is essential to ensuring children’s rights to survival, development and wellbeing. Inform them that this session looks at some key child protection issues that need to be prevented or responded to in order to provide safe and protective environments for children in the communities and wherever they are. b. Write “YES” and “NO” on VIPP Cards and place them on the walls opposite sides of the room. Write another one “UNDECIDED” and find somewhere in the middle of the room to put it. Let all participants move to one side of the room in such a way that the walls on which you have posted the YES and NO Cards will be on the left and right. c. Inform participants that you are going to read some statements (Handout 2.2.5 - Child Abuse Statements). Those who think the scenario mentioned is a form of child abuse should move to the side where the YES card is posted and those who think it is not should move to the side of the NO card. Those who are undecided should also do same. For every statement ask the YES side why they think the scenario depicts a form of child abuse and those on the NO side why they think it is not (remember this activity was carried out in Module 3 of Part One and can be carried out again to see if participants have had a changed attitude).
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Handout 2.2.5 - What constitutes child abuse? Is it abuse when...... ?
•• A 12-year-old is slapped hard with a hand? •• A baby is shaken vigorously by its mother when it is crying? •• A father sleeps in the same bed as his 12-year-old daughter? •• A mother sleeps in the same bed as a 14-year-old son with a disability? •• A mother tells her young son that she wishes he had never been born? •• A 12-year-old boy forces a seven-year-old girl to masturbate him? •• A man persuades a 10-year-old into sexual acts by offering affection and money? •• A 13-year-old boy is beaten with a belt for telling lies? •• A 6-year-old girl is left on her own at home, for several hours every night, while her mother goes out to work? •• A 7-year-old boy is sent out to sell sweets on the streets for 10 hours a day? •• A 10-year-old girl is told to go out and not return home until she has enough money to buy food for supper? •• A 2-year-old is tied to a post while her mother is making bricks by hand? •• Girls and boys 7-10, caned when they misbehave or give wrong answers to questions in school •• A 10-year-old made to kneel in the scorching sun with hands raised •• A 45-year-old asks a 16-year-old friend on Facebook to send him some nude pictures of herself •• Ben is 12 years in primary 5 at the public school. Some group of boys in his class always write very mean things about him on the WhatsApp platform created for his class •• School children asked to carry stones from home to school for school project.
d. Note that the purpose of this activity is to stimulate debate around local and cultural perceptions of what constitutes child abuse and to identify how such decisions are made. e. Ask participants to define what is meant by Child Abuse (remind them that this was already defined in Module 3 of Part One which looked at Protection of Children from Abuse). After a few responses, repeat the definition again as in the text box below, stressing that it is a deliberate act of ill treatment that can harm or cause harm to a child’s safety, well-being, dignity and development. “Child abuse” or “maltreatment” constitutes ‘all forms of physical and/or emotional ill- treatment, sexual abuse, neglect or negligent treatment or commercial exploitation resulting in actual or potential harm to the child’s health, survival, development or dignity in the context of a relationship of responsibility, trust, or power’.
Social Welfare | Part Two 66 Part 2: Social Welfare f. Present the PowerPoint Presentation PPT 2.2.5 - What we know about Child Abuse in Ghana and allow participants to ask questions and contribute to the discussions by sharing their experiences and examples of abuse cases they have handled. g. Divide the participants into 5 groups and ask them to define and discuss what the following CP issues mean in the Ghanaian society and what the law says about them. •• Group 1- Child Neglect and Abandonment, Child Exploitation, •• Group 2 -Child labour and Worse Forms of Child Labour and Child trafficking •• Group 3 - Sexual harassment and sexual violence and Child marriage, •• Group 4 - Abuse related to sorcery and witchcraft and Domestic Violence •• Group 5 - Bullying and cyber bullying, and Child Online Exploitation and how to Promote Child Online Safety h. Allow the groups to present the outcomes of their discussions at plenary and ask the other groups to add to the discussions to fill in with any information that might not have been captured. After the groups’ presentations, use the information and key points in the Facilitators’ Notes 2.2.5a - Key Child Protection Violations below to firm up the discussions on their definitions and what the law says about them. i. Also remember to include in the discussions, what support or services will victims of such abuses need, so they can easily connect with what their role is in such situations j. Also use the key points in Facilitators’ Notes 2.2.5b - Prevention and Response to Child Online Safety Concerns to reiterate the importance of the role of the family and children themselves to be better informed about the risks and consequences of their actions. What might start as a ‘good idea’ may lead to a very difficult situation and serious protection abuses. Add also that children who commit crimes have often a history of repeated abuse – more often than not are they themselves are victims of protection failures and lack of support, guidance and direction from their parents and the community at large. k. Ask the participants to describe what positive things can be done to correct or discipline children when they go wrong in order not to cause any form of harm to them. After a few responses, introduce the concept of positive discipline by using the Facilitators’ Notes 2.2.5c - Preventing Abuse by Using Positive Discipline. Allow participants to ask questions to seek clarifications and also to contribute using examples and their personal experiences with positive discipline. l. Continue the session by asking the participants why we give names to our children and why this is important. What are the traditions that go with the naming of our children? What do people take into consideration before they give names to their children? Ask them why they think all births need to be registered and use the key points listed in the Facilitators’ Notes 2.2.5d - Importance of Birth Registration to clarify the points that would be raised.
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Facilitators’ Notes 2.2.5a - Key Child Protection Violations i. Child Neglect and Abandonment
Child neglect is deliberately or through carelessness or negligence, failing to provide for, or secure for a child, their rights to physical safety and development. Neglect is sometimes called passive form of abuse in that it relates to failure (for no apparent financial reason) to carry out some key aspects of the care and protection of children, which results in significant impairment of the child’s health or development, including a failure to thrive emotionally and socially. Neglect can, for example, involve failure to provide adequate food, clothing, shelter, education or medical care necessary for a child’s well-being. Lack of appropriate care and supervision, leaving the child alone for extended periods of time (inappropriate for his/her age) is also a form of neglect. Extreme forms of neglect are when a child is entirely abandoned by his/her parents. ii. Child Exploitation
This refers to the use of children for someone else’s advantage, gratification or profit, often resulting in unjust, cruel and harmful treatment of the child. These activities are to the detriment of the child’s physical or mental health, education, moral or social-emotional development. The two main forms of Child Exploitation are: •• Sexual Exploitation: the abuse of a position of vulnerability, differential power, or trust for sexual purposes; this includes profiting monetarily, socially or politically from the exploitation of another as well as personal sexual gratification. This includes child prostitutions, trafficking of children for sexual abuse and exploitation, child pornography and/or child sexual slavery. •• Economic Exploitation of a child: the use of the child for work or other activities for the benefit of others. This includes but not limited to child labour. Economic exploitation implies the idea of a certain gain or profit through the production, distribution and consumption of goods and services. This material interest has an impact on the economy of a certain unit, be it the State, the community, the family or an individual. iii. Child Labour and Worse Forms of Child Labour31
Not all work done by children should be classified as child labour that is to be targeted for elimination. Children’s or adolescents’ participation in work that does not affect their health and personal development or interfere with their schooling; is generally regarded as being something positive. This includes activities such as helping their parents around the home, assisting in a family business or earning pocket money outside school hours and during school holidays.
31 https://www.ilo.org/ipec/facts/lang--en/index.htm
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These kinds of activities contribute to children’s development and to the welfare of their families; they provide them with skills and experience, and help prepare them to be productive members of society during their adult life. The term “child labour” is often defined as work that deprives children of their childhood, their potential and their dignity, and that is harmful to their physical and mental development. It refers to work that: •• is mentally, physically, socially or morally dangerous and harmful to children; and •• interferes with their schooling by: depriving them of the opportunity to attend school; obliging them to leave school prematurely; or requiring them to attempt to combine school attendance with excessively long and heavy work. The worst forms of child labour involve children being enslaved, separated from their families, exposed to serious hazards and illnesses and/or left to fend for themselves on the streets of large cities – often at a very early age. Whether or not particular forms of “work” can be called “child labour” depends on the child’s age, the type and hours of work performed, the conditions under which it is performed and the objectives pursued by individual countries. The answer varies from country to country, as well as among sectors within countries.
ILO Convention 182 defines Worst Forms of Child Labour as
(a) all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour, including forced or compulsory recruitment of children for use in armed conflict (b) the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performance (c) the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties (d) work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children.
Section 12 of the Children’s Act 560 (1998)- Protection from exploitative labour
No person shall subject a child to exploitative labour as provided under section 87of this Act.
Section 15 on Penalty for contravention
Any person who contravenes a provision of this Sub-Part commits an offence and is liable on summary conviction to a fine not exceeding ¢5 million or to a term of imprisonment not exceeding one year or to both.
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Section 87 on Prohibition of exploitative child labour
(1) No person shall engage a child in exploitative labour. (2) Labour is exploitative of a child if it deprives the child of its health, education or development.
Section 88 on Prohibition of child labour at night
(1) No person shall engage a child in night work. (2) Night work constitutes work between the hours of eight o’clock in the evening and six o’clock in the morning.
Section 89 on Minimum age for child labour
The minimum age for admission of a child to employment shall be fifteen years.
Section 90 - Minimum age for light work
(1) The minimum age for the engagement of a child in light work shall be thirteen years. (2) Light work constitutes work which is not likely to be harmful to the health or development of the child and does not affect the child’s attendance at school or the capacity of the child to benefit from school work.
Section 91 - Minimum age for hazardous employment
(1) The minimum age for the engagement of a person in hazardous work is eighteen years. (2) Work is hazardous when it poses a danger to the health, safety or morals of a person. (3) Hazardous work includes – (a) going to sea; (b) mining and quarrying; (c) porterage of heavy loads; (d) manufacturing industries where chemicals are produced or used; (e) work in places where machines are used; and (f) work in places such as bars, hotels and places of entertainment where a person may be exposed to immoral behaviour. iv. Child Trafficking
Human trafficking, also called trafficking in persons (TIP) is a crime typically hidden within
Social Welfare | Part Two 70 Part 2: Social Welfare communities. Human trafficking and its related crimes constitute some of the gravest human rights violations of our times. It is a crime that causes enormous physical and physiological damage to victims and their families, undermines national cohesion and erodes developmental gains. Human trafficking involves the recruitment, transporting, supplying, and/or obtaining persons for involuntary labour or repayment of debt by the use of coercion, force, or fraud. Human trafficking can include a wide variety of forced labour including commercial sex work (prostitution, exotic dancing, and pornography), personal service (domestic or sexual servitude), forced labour in sweat shops, manual labour at agricultural or construction sites, various jobs within the hotel and food service industries, and forced employment in nail salons. Child trafficking is about taking children out of their protective environment and preying on their vulnerability for the purpose of exploitation. ILO Convention No. 182 (1999) on the Worst Forms of Child Labour (WFCL) classifies trafficking among “forms of slavery or practices similar to slavery” and thereby a WFCL to be eliminated as a matter of urgency, irrespective of the country’s level of development. The trafficking in children - internally in countries, across national borders and across continents - is closely interlinked with the demand for cheap malleable and docile labour in sectors and among employers where the working conditions and the treatment grossly violates the human rights of the children. These are characterized by environments that are unacceptable (the unconditional worst forms) as well as dangerous to the health and the development of the child (hazardous worst forms). These forms range from bonded labour, camel jockeying, child domestic labour, commercial sexual exploitation and prostitution, drug couriering, and child soldiering to exploitative or slavery-like practices in the informal industrial sector. As part of larger initiatives to combat the worst forms of child labour, the ILO’s International Programme on the Elimination of Child Labour (IPEC) works with governments, workers and employers’ organizations and NGOs to fight child trafficking It works with them to offer broad protection to children at risk and victims, prevent the crime of trafficking, enforce laws and prosecute traffickers, and assist victims in need. Where appropriate, services are offered at source, in transit and at destination. The Programme takes into account the national, sub-regional and regional specificities of the root causes of children’s vulnerability, mechanisms and routes used by traffickers, and the nature of exploitation that takes place, as well as the legal and cultural contexts. According to the National Plan of Action for the Elimination of Human Trafficking in Ghana (2017- 2021 by the Ministry of Gender, Children and Social Protection, MoGCSP), Ghana is no exception to the global challenge of TIP, as it continues to be a source, transit and destination country for human trafficking. The exploitation of Ghanaians, particularly children, within the country is more prevalent than the transnational trafficking. Ghanaian boys and girls are subjected to being trafficked into forced labour, such as in fishing, domestic service, street hawking, begging, pottering, artisanal gold mining, quarrying, herding, and agriculture. Ghanaian girls, and to some lesser extent boys, are also subjected to sex trafficking. Sex trafficking exists nation-wide but is most prevalent in the Volta Region and is growing in the oil-producing Western Region (Source: Ghana: Trafficking in Persons Report 2016, United States Department of State).
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A baseline study conducted by an NGO, “Free the Slaves” in 20 communities in the Volta and Central Regions in August 2016, indicates that some communities act as both the source and destination for trafficking. Across all 20 communities, 35.2% of households consisted of children who had been subjected to trafficking and exploited primarily in the fishing industry (18%), and domestic servitude (10%), with few reports of early and forced marriage (1%). The incidence rates across communities varied widely, with some communities indicating that every household reported a past or present incidence of trafficking. In over 20% of the households surveyed, more than one child had been trafficked. There is also widespread prevalence of kayayei (female head porters) in urban areas, migrating from the three regions in Northern Ghana, who remain at risk to sex trafficking and forced labour. To address the challenges of trafficking, the Government of Ghana (GoG) has taken steps in implementing key policies, legislation, and programmes to address the needs of victims and to punish perpetrators. These measures seek to address the root causes of trafficking and to provide an inclusive approach for tackling human trafficking in Ghana. •• the enactment of the Human Trafficking Act, 2005 (Act 694), which provides a legal framework for combatting human trafficking by seeking to prevent and suppress trafficking, punishing persons complicit and initiating interventions to promote the protection and welfare of victims. •• the establishment of the Human Trafficking Secretariat (HTS), which is managed bya thirteen-member management board. The overall goal of the Secretariat is to provide sensitisation to the public, to reduce overall instances of trafficking and to create a conducive environment for the acceleration of national development by eliminating TIP, which serves to impede development gains. •• the establishment of the Anti-Human Trafficking Unit (AHTU) of the Ghana Police Service, which conducts investigations into allegations of human trafficking and seeks to prosecute offenders, •• the establishment of the Anti- Human Smuggling and Traffickingin Persons Unit (AHSTIP) of the Ghana Immigration Service; an operational unit set up to investigate and arrest human trafficking and smuggling offenders, while also building the capacity of immigration officials to detect cases of trafficking and smuggling. •• More recently, in June 2015, the Government of Ghana and the Government of the United States of America signed the Child Protection Compact (CPC) Partnership; a four-year joint initiative aimed at addressing child trafficking in Ghana by strengthening the government’s capacity to identify child trafficking cases, care for and reintegrate victims, effectively investigate and prosecute traffickers, and prevent trafficking from occurring. •• The development of the National Plan of Action for the Elimination of Human Trafficking in Ghana (2017-2021) by the Ministry of Gender, Children and Social Protection (MoGCSP), with strategic outcomes and implementation plans to combat TIP over the five year period. The key goals of this National Plan of Action are to strengthen Ghana’s capabilities along the holistic “4 P’s” strategy, in the: 1. Prevention of TIP; 2. Protection of TIP victims; 3. Prosecution of TIP offenders; and 4. Partnerships with stakeholders to combat TIP.
Social Welfare | Part Two 72 Part 2: Social Welfare v. Sexual harassment and sexual violence,
Sexual harassment is sexual advances, requests for sexual favours or verbal or physical conduct of sexual nature. In some cases, sexual harassment precedes sexual violence or sexual abuse and is a technique used by sexual predators to desensitize or ‘groom’ their victims. Some examples of sexual harassment are: •• Sexual epithets, jokes, written or spoken references to sexual conduct, gossip regarding one’s sex life, and comments about an individual’s sexual activity, deficiency or prowess •• Verbal abuse of sexual nature •• Display of sexually suggestive objects pictures, drawings •• Sexual leering or whistling, any inappropriate physical contact such as brushing against or touching, obscene language or gestures and suggestive or insulting comments. vi. Child Marriage (more on child marriage will be covered in Module 4 on SGBV)
The legal age for marriage in Ghana is 18 years (1992 Constitution and 1998 Children’s Act). Child marriage therefore occurs when one or both parties in a union is/are under the age of 18, which is the age of consent to marriage in Ghana. Child marriage can be a formal marriage or informal union (cohabitation) before age 18. It is sometimes referred to as early and/or forced marriage since children, given their age, are not able to give free, prior and informed consent to their marriage partners. It is widespread and can lead to a lifetime of disadvantage and deprivation. Girls who marry before they turn 18 are less likely to remain in school and more likely to experience domestic violence. Girls who marry early often abandon formal education and become pregnant. Adolescent girls are more likely to die due to complications in pregnancy and childbirth than women in their 20s; their infants are more likely to be stillborn/die in the first month of life. vii. Abuse related to sorcery and witchcraft32,33
The notion of witchcraft, despite its suggestion of multiple abilities, can perhaps be defined, in a large majority of African countries, as the ability to harm someone through the use of mystical power. Consequently, the sorcerer or witch embodies this wicked persona, driven to commit evil deeds under the influence of the force of witchcraft. Accusations are still the most visible manifestations of belief in witchcraft. Without denying this belief, the violent nature of accusations deserves greater attention from governments and local and international non‐governmental organizations (NGOs). Whereas in the past, elderly people, particularly women, were accused, these days the number of children accused of witchcraft is increasing.
32 Children Accused of Witchcraft, An anthropological study of contemporary practices in Africa, April 2010, Aleksandra Cimpric, UNICEF WCARO, Dakar 33 Breaking the spell: responding to witchcraft accusations against children, N. Bussienel al, UNHCR Research Paper No. 197, 2011
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Witchcraft allegations against children have become the focus of increased international attention in recent years. Accusations of witchcraft cause direct violations of children’s rights. Children are isolated or even rejected from their family and community, end up living on the streets, become victims of different forms of trafficking and suffer from physical and mental health problems and trauma due to the abuses they have experienced.
Impact of sorcery witchcraft accusations on children
Children accused of witchcraft are subject to psychological and physical violence, first by family members and their circle of friends, then by church pastors or traditional healers. Once accused of witchcraft, children are stigmatized and discriminated for life. Children accused of witchcraft may be killed, although more often they are abandoned by their parents and live on the street and sometimes in institutions. Their parents or guardians abandon them: often they are taken into the forest and slaughtered, bathed in acid, burned alive, poisoned to death with a local poison berry, buried alive, drowned or imprisoned and tortured in churches in order to extract a confession. Furthermore, these children are more vulnerable to abuse and trafficking with some girls exposed to sexual exploitation or domestic servitude. A large number of street children have been accused of witchcraft within the family circle. These children are more vulnerable to physical and sexual violence and to abuse by the authorities. In order to survive and to escape appalling living conditions, they use drugs and alcohol. Often victims of sexual exploitation, they are at increased risk of exposure to sexually transmitted diseases and HIV infection.
Which children are most vulnerable to accusations of witchcraft?
Vulnerable children accused of an act of witchcraft can be divided into three categories. The first category, which includes thousands of children, refers to the urban phenomenon of “child witches”. These children are typically: • orphans who have lost one or both natural parents; • children with a physical disability (or any physical abnormality, including a large head, swollen belly, red eyes, etc.); • those with a physical illness (epilepsy, tuberculosis, etc.) or disability (autism, Down Syndrome, etc., or even those who stutter); • or especially gifted children. • Children showing any unusual behaviour, for example children who are stubborn, aggressive, thoughtful, withdrawn or lazy, also make up this category. The second category covers children whose birth is considered abnormal, such as the “bad birth” children from the Bight of Benin region. These children may be premature (in the eighth month), or presentation may be in any variety of breech positions, or in the posterior, face‐up position during delivery. Also included are twins, who are sometimes associated with the occult, their birth
Social Welfare | Part Two 74 Part 2: Social Welfare symbolizing the evil or anger of the gods. The third and final category concerns children with albinism who are killed because of witchcraft or some magic powers supposedly contained in parts of their bodies, including their organs, hair, skin and limbs.
Why are children accused of witchcraft?
There are multiple causes for the recent and growing accusations of witchcraft against children. Anthropologists and social observers are unanimous in recognizing the complexity of economic, political and social factors that contribute to such accusations. Life in the city, paid employment, financial pressure and an emerging individualism have all led to profound transformations in family structures. The result is a dysfunctional family and a disruption of relations between age groups – in particular the legitimacy of parental authority – and between men and women. This has introduced the urban phenomenon of “child witches” and the violence that surround them. The political‐military situation – civil wars, coups d’état – has caused considerable loss of lives and as a result, there are a large number of orphans that are straining the capacities of their relatives. These children therefore become a particularly vulnerable group. Accusations of witchcraft against these vulnerable children (orphans) can also be a direct consequence of the inability of families to meet their basic needs.
Responses to witchcraft accusations against children
Neither the UN Convention on the Rights of the Child (CRC) nor the African Charter on the Rights and Welfare of the Child (ACRWC) include specific references to children accused of witchcraft. Both of these child-rights-based legal frameworks however include articles that could be pertinent in cases where children have been accused of witchcraft resulting in the violation of one or more of their rights. The treaties also include specific articles related to duty bearers such as the state or parents that have the responsibility to guarantee children’s rights and to protect and care for children whose rights have been violated. This is especially true given the violent reactions of people towards children accused of witchcraft. The United Nations Convention on the Rights of the Child (CRC) contains specific articles which pertain to the care and protection of child victims, religious persecution and protection from violence, all of which are directly relevant in the protection of children accused of witchcraft and suffering abuse, violence, neglect or discrimination as a result of the accusation. The African Charter on the Rights and Welfare of the Child (ACRWC) also contains provisions which could be used to address the issue of children accused of witchcraft, their protection and the role of duty bearers to both guarantee the rights of children as well as protect them once their rights have been violated. These include Article 12 (Children with Disabilities); Article 16 (Protection against Child Abuse and Torture); Article 21 (Protection against Harmful Social and Cultural Practices); Article 23 (Refugee Children); Article 25.2(a) (Separation from Parents and provision of alternative care) and Article 26.2: (Protection Against Apartheid and Discrimination)
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Any response to accusations of witchcraft against children should strengthen national child protection systems that prevent and respond to abuse, exploitation and violence, including improving service provision, legal frameworks and access to justice. Moreover, programming and advocacy interventions should promote social change by raising awareness among families and community leaders, mobilizing and working with legal professionals and regulating churches and traditional healers. viii. Domestic Violence34
Domestic Violence: refers to violence that is perpetuated in domestic spheres. This includes beating, choking, verbal abuse and destruction of personal property. Domestic violence causes immediate devastating consequences to those affected: physical injuries, mental health problems and poor well-being, etc. It also has long-term, far-reaching effects, including persistent inequalities between men and women, which limit women and girls’ abilities to fulfil their potential. Those who experience domestic violence have longer-term poor physical and mental health, higher risk of contracting HIV and sexually transmitted diseases, and restricted choices in terms of accessing education and jobs. It is also likely that they will have lower levels of education, income and productivity. Domestic violence within families is associated with direct and indirect effects on children. The most prominent consequences include lower birth weight, lower IQ scores and increased emotional and behavioural problems. Children who suffered from social and emotional problems related to exposure to domestic violence also experienced lower academic achievement. Conforming to international definitions and to definitions included in the 2007 Domestic Violence Act (Act 732), the following are the different forms of violence: Social violence: defined as acts of controlling behaviour, such as preventing someone from seeing friends or family; stopping someone from leaving the house; requiring to know where someone is at all times; stalking; spreading false information, videos or photos without permission; or forcing women to have an abortion. Physical violence: defined as slapping, pushing, shoving, hitting, kicking, dragging or throwing objects at someone; choking, strangling or burning someone; using a weapon, hazardous chemicals or substances against someone; or kicking or pulling someone’s external genitalia (for male respondents only). Sexual violence: defined as acts of unwanted sexual comments or physical contact; rape by physical force, or otherwise forced sex (for instance, by blackmail or threats); denial of using protection during sex; a sexual partner hiding their HIV status; sexual acts and intercourse that were performed on the basis of feeling there was no option; or penetration with an object against someone’s will.
34 Institute of Development Studies (IDS), Ghana Statistical Services (GSS) and Associates (2016), Domestic Violence in Ghana: Incidence, Attitudes, Determinants and Consequences, Brighton: IDS.
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Psychological violence: defined as the use of insults, belittling or humiliation in private or in front of others; threats of abandonment; being ignored or treated indifferently; intimidations and acts aimed at scaring someone; threats of using weapons against someone; or threats of hurting someone or somebody one cares about. Economic violence: defined as the denial of household money for expenses (chop money) even if enough financial means are available; unsolicited taking of money; control of belongings and spending decisions; damage to or destruction of someone’s property; denial of the right to work; forcing someone to work against their will; or denial of food and other basic needs. The perpetrators of domestic violence against children include parents, siblings (brothers and sisters), uncles/aunties, cousins and other relatives. There are some underlying social norms, beliefs and attitudes that individuals, families and communities hold around certain forms of violence and their acceptability. Women and men employ physical violence to punish children mostly linking beating to correction. In addition to physical violence, controlling behaviour, such as fathers refusing to let their daughters attend school, is also noted as a form of domestic violence. International and national laws and instruments protect children from all forms of violence, abuse, neglect and exploitation. In addition, Section 3 of the Ghana Domestic Violence Act732, 2007, prohibits all forms of domestic violence. ix. Bullying and Cyber Bullying
Bullying is a behaviour repeated over time that intentionally inflicts injury of discomfort through physical contact, verbal attacks, or psychological manipulation35. It is also the repeated and deliberate use of aggression and power to cause physical pain or emotional distress. It can be verbal or physical, use of unpleasant and humiliating or threatening gestures, or use of social coercion and social exclusion, or any combination of these36. Bullying involves an imbalance of power and it is another indicator of involvement in violence. Being bullied is linked to a wide range of mental, psychosocial, cognitive/educational and health problems, including depression, suicide, and problems with alcohol and other drug use37. Cyber- bullying is the use of electronic communication to bully a person, typically by sending messages of an intimidating or threatening nature. Bullying is the most prevalent form of violence in schools, regularly affecting more than one in three students between the ages of 13 and 15 worldwide. Cyber-bullying often overlaps with school bullying and is a growing concern. Bullying comes from other angles within the school setting; teacher-student, student-student and it takes different forms: • Verbal;
35 Global Guidance on Addressing School-related Gender-based Violence, UNESCO and UN Women, 2016 36 Handbook on Safe Schools, UNICEF Ghana 37 Health for the World’s Adolescents: A second chance in the second decade. WHO 2014
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• Physical; and • Emotional; • Often a combination of more than one type. • Emotional bullying is generally closely associated with both physical and verbal bullying.
Bullies often are children who; • Need to dominate and control others, usually with aggressive behaviour; • Have little or no sympathy; • Have poor social skills; and • Are likely to come from homes where they experience violence and abuse themselves.
Bullied children are often: • Physically weaker and emotionally vulnerable; • Socially withdrawn; • Have low self-esteem and lack self-confidence; and • Those who occupy subordinate positions
Effects of Bullying: • It has negative consequences for the bully and the victim, and the other children who see what is happening. • It creates fear and anxiety in the victim, and can lead to poor academic performance and low self-esteem. • The number of children who have been bullied and have attempted suicide is growing globally. • It can also lead to injuries requiring medical attention.
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Facilitators’ Notes 2.2.5b - Prevention and Response to Child Online Safety Concerns
Increased internet access and use by children across the globe has added another dimension of abuse setting for actors in child protection to consider; i.e. the online environment. Child online protection is one of the emerging topical issues in Ghana which has triggered some national level responses from the government. Child Online Protection is an international collaborative network to protect children worldwide against cyber threats by providing legal, technical and organizational measures. It is geared towards the prevention of violence against children through the internet and other mobile technologies. Evidence from across the world indicate that more children are relying on ICT tools, the internet and digital platforms and services such as Facebook, twitter, WhatsApp, messaging, Instagram etc. to learn, engage, participate, play, innovate, work or socialize and Ghana is no exception. The use of these digital tools and the internet presents enormous benefits and opportunities for children, including: Access to information, Promoting learning for improved education outcomes, Promoting participation and making their voices heard; Learning about different cultures and Playing games for relaxation and fun. Sadly, children are also exposed to some risks, including • The production, distribution and use of materials depicting child sexual abuse • online solicitation or grooming (securing a child’s trust in order to draw them into a situation where they can be harmed) • harassment and intimidation • exposure to violence, e.g. cyber bullying, sexual exploitation • access to inappropriate content, goods and services; • concerns about excessive use; and • issues of data protection and privacy among others The risks confronting children/adolescents online has been confirmed by a study carried out in Ghana in 2017 with the support of UNICEF on the risks and opportunities related to child online practices. The report revealed that 7 out of 10 children/adolescents use the internet for learning. However, the same study reports 4 in 10 children have seen sexual images at least once during the past year and 2 in 10 children had met someone face-to-face whom they first got to know on the internet. Similarly, 4 out of 10 children /adolescents interviewed said they don’t feel safe online and 3 in 10 children /adolescents had experienced something that bothered or upset them while online. Awareness about these risks and potential ways of addressing them is critical in ensuring the safety of children in the online space. Parents and family members are to identify the risks and opportunities associated with the use of ICT tools and the internet and to ensure that they put in measures to ensure that children are safe when they use the internet.
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Suggested measures to make the use of the internet safer for children could include:
Setting rules about the use of these tools and supporting the children to obey the rules as well as giving them the following safety tips:
It is important for parents and caregivers to have regular conversation with children and young people about their online activities and provide them with guidance to enable them to make the most out of their online experiences.
Meeting the Needs of Children Abused Online
It is important to note that when children experience any form of abuse and or exploitation via online, the impact on the victims and families are often compounded by the loss of control of the contents shared online, the permanence of the abusive images, text etc. online, the threat of blackmail, the potential for recurring harm (re-victimization) and self-blame, among others. This, in turn, requires a specific response tailored to meet their protection needs. There is a real need for a comprehensive, multi-agency informed approach to support victims to recover from online abuse. Things the social worker should know • Child online abuse is criminal and punishable by law38; support children and families to report such cases, contact DOVVSU or the Cyber Crime Unit if in doubt • Support victims of cybercrime(s) or cyber security incidents to report to the National Cyber Security Incident via the following options:
38 Provisions have been made in the Draft Cyber Security Bill 2019, Proposed Amendments to the Children’s Act 560 and the Electronic Transaction Act to deal with online offenses against children such as production, procuring, possession and publishing indecent images of children, child grooming for purposes of sexual abuse, cyber stalking of a child, non-consensual sharing of intimate images, sextortion among others
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• Victims of child online abuse can always be re-victimized multiple times • The impact or consequences of child online abuse in any form can be as bad or even worse than other forms of abuse perpetrated offline • Victims of online abuse also need support from social workers and other referral services
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Facilitators’ Notes 2.2.5c - Preventing Child Abuse using Positive Discipline39
The Convention on the Rights of the Child guarantees children’s protection from all forms of violence, including physical punishment. It also recognizes children’s rights to respect and dignity. Parents and caregivers have the primary responsibility to ensure children’s safety and protection from all forms of harm. This includes protection from physical abuse. Many children experience physical abuse in the “disguised” form of discipline. All children need guidance and support growing up. Because of their immaturity and inexperience, parents and caregivers have the responsibility to teach and guide them in their social interactions with others. i. What does discipline mean?
The word discipline stems from the Latin word disciplina which means “teaching”, “learning”. Parents thus have the responsibility to discipline, “to teach”, children. Children also have the responsibility to become self-disciplined to learn what the expected behaviour is. Discipline does not have to be forced. It does not have to be violent or punitive. In fact, child development specialists and educators around the world are unanimous in their conclusion that positive discipline is far more effective in teaching and in instilling self-discipline in children, making them more ready to learn and mature. ii. What is positive discipline?
Positive Discipline is a method where parents clearly communicate what behaviours are appropriate, which ones are inappropriate, and what the rewards for good behaviour and the consequences for bad behaviour are. It is an authoritative method focused on encouragement and problem-solving. Positive Discipline does not use yelling, spanking, or severe punishment. Experts find that as motivating and effective for kids. Positive discipline is: • Non-violent • It is solution-focused • It is respectful • It is based on child development principles • It is kind and firm at the same time. • It helps children feel a sense of belonging and significance. • It is effective long-term. 39 Positive Discipline: What it is and how do it, Save the Children Sweden, 2011
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• It teaches valuable social and life skills for good character. • It invites children to discover how capable they are and to use their personal power in constructive ways. “It’s a parenting philosophy based on encouragement, empowerment, and mutual respect. It supports parents in finding solutions to misbehaviour rather than using or relying on punishment. Discipline is all about guiding children, being neither permissive nor punitive. The techniques involve encouraging the behaviour you’d like to see continue, and discouraging the behaviours you’d like to see stopped. Positive discipline brings together what we know about children’s healthy development, findings of research on effective parenting, and child rights principles. iii. What positive discipline is not: • Positive discipline is not permissive parenting. • Positive discipline is not letting the child do whatever he/she wants. • Positive discipline is not about having no rules, limits or expectations. • Positive discipline is not about short-term reactions or alternative punishment to slapping and hitting. iv. Why positive discipline matters?
Many parents don’t realize that the discipline methods they use do not help them accomplish what they really want for their children. The first step in learning to be the best (but not perfect) parent you can be, is to create a roadmap to guide you to your destination. Thinking about what we want for our children will also help us to think about the best ways of ‘teaching’ them, guiding them and supporting them when growing up. Given the widespread use of corporal punishment, many participants may indicate that children are learning good things from the punishment. They may think their punishments are logical consequences. They may say, “I was punished and I turned out fine.” Yes, external motivators, such as physical punishment/corporal punishment can be effective if all you are interested in is stopping the behavior right now through punishment, or temporary compliance through rewards. However, none of these parenting strategies help children develop “internal motivation” to develop the characteristics and life skills you want for them. Physical punishment typically leads to: Rebellion: “They can’t make me. I’ll do what I want.” Revenge: “I’ll get even and hurt back, even if it hurts me.”
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Retreat: Low self-esteem, (“I must be a bad person”) and makes children become sneaky, (“I just won’t get caught next time).” v. Core Principles of Positive Discipline
Positive discipline offers an alternative to physical punishment and it is far more effective in the long run. • The core of positive discipline: There are no bad kids, just bad behaviour - recognize that inherently our kids are not bad, they are just behaving badly • Instead of pointing out what the child did wrong, show the child how to set things right • Be kind but firm; show empathy and respect • Whenever possible, offer choices • Treat mistakes as opportunities to learn - • Change the scene – prevent the misbehaviour from being repeated - Set clear expectations and boundaries, and be consistent • Use single word reminders or questions or state facts, instead of ordering or demanding compliance e.g. ‘lights’ to mean the lights should be off, • Work together to come up with a mutually-agreeable solution (problem solving) • Let the child face the consequences (natural consequences and not made-up consequences to suit your needs!) vi. How to practice positive discipline with children?
Positive discipline is an approach to parenting, focusing on long-term goals (what do you want your child to become?) and is about providing warmth and providing structure. vii. Providing warmth - What is warmth?
In a warm family climate, children want to please their parents. Warmth encourages short-term cooperation and teaches long-term values. Warmth is Emotional security, Unconditional love, Verbal and physical affection, Respect for the child’s developmental level, Sensitivity to the child’s needs and Empathy with the child’s feelings viii.Here are some ways that parents provide warmth to their children: • Showing children they are loved even when they do something wrong • Reading to them
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• Hugging them • Comforting them when they are hurt or afraid • Listening to them • Looking at the situation from their point of view • Praising them • Playing with them • Laughing with them • Supporting them when facing challenges • Telling them you believe in them • Recognizing their efforts and successes • Having fun with them ix. Providing structure - What is structure?
Structure is giving clear guidelines for behavior, clearly stating expectations, clearly explaining reasons, supporting to help the child succeed and encouragement of the child’s independent thinking. Structure helps the child learn what is important. It helps him to understand his mistakes and do what he can to fix them. It gives her the tools she needs to solve problems when you are not there. It shows her how to work out disagreements with other people in a constructive, nonviolent way. x. Here are some ways that parents provide structure for their children: • Prepare them for difficult situations by telling them what to expect and how they can cope. • Explain the reasons for rules • Discussing the rules with them and hearing their point of view • Helping them find ways to fix their mistakes in a way that helps them to learn • Controlling anger • Teaching them about the effects of their actions on other people • Giving them the information they need to make good decisions • Talking with them often • Avoiding threats of hitting, taking away love, monsters, or other things that children fear • Acting as positive role model and a guide
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Facilitators’ Notes 2.2.5d - The Importance of Birth Registration
Explain that Birth registration is the process by which a child’s birth is recorded in the civil register by the government authority. In Ghana this service is provided by the Births and Deaths Registry. It provides the first legal recognition of the child and is generally required for the child to obtain a birth certificate as a proof of registration. A birth certificate is one of the fundamental documents that serves as evidence to confirm a person’s age, identity and nationality Only 63% of children born in 2016 registered leaving nearly 40% unregistered (Births and Deaths Registry Report 2016) even though ALL children are expected to be registered. A lack of recognition and a proof of identity will ultimately make life more difficult for children as they grow older. The aim of this session therefore is to raise awareness on the importance of birth registration and where the service can be accessed. It is however very important to link birth registration with a very important traditional practice – Naming Ceremonies, which is done for almost every child by every ethnic group in Ghana. This is to reinforce this positive indigenous practice and also motivate parents to formalize this by registering the birth of the child with the Births and Deaths Registry. Adolescent mothers and fathers often lack information and resources to ensure that new-born babies receive their birth certificates. It is important for caregivers, families, communities and service providers to guide them and support them in this process
The Importance of Birth Registration
i. Proof of Identity and Nationality: The birth certificate is a useful document and may be required as a proof of identity, nationality, age and parentage ii. Access to Services e.g. education, health etc.: •• Facilitate access to certain services e.g. education (admission requirement for some schools) •• Ensures age appropriate medication for the child) •• Facilitate acquisition of travel documents e.g. passport, visas etc. •• Facilitate recruitment processes for employment, pensions etc. iii. It can provide protection: Birth registration protects children and provides them with their legal rights. Without identification, government officials have no documentation of a child’s existence and age. As a result, the law is incapable of protecting such children from crimes and abuse. iv. It can help provide an inheritance: If an unregistered child’s parents die, they need to legally prove that they are related to inherit their family property. With birth registration, a child will have the legal proof of their family ties, ensuring they receive what belongs to them.
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v. It creates a permanent record of existence: If a disaster strikes and a child is separated from his or her family, a reunion could be next to impossible without proper identification. But with birth registration, government officials can safely unite families and prevent any child from going unaccounted for.
Concluding key messages about Birth Registration:
i. Birth Registration is a basic right for every child ii. In Ghana Birth Registration is free for children less than 1 year. So don’t wait, register your child immediately after birth. iii. A fee will be charged for late registration, i.e. for persons who are 1 year and above. iv. You will be given a birth certificate as a proof of the registration of birth. v. Family Heads, Pastors, Imams etc. who officiate naming ceremonies should encourage parents to register the births of their children. Religious leaders can also demand the birth certificate as requirement for other religious ceremonies such as dedication, baptism, confirmation etc. vi. Adolescent mothers and fathers often lack information and resources to ensure that their new-born babies receive their birth certificates. It is important for caregivers, families, communities and service providers to guide them and support them in this process vii. Contact the Births and Deaths Registry at the District Assembly or the Nearest Hospital or Birth Registration Volunteer viii. In conclusion stress on the importance of registering the birth of a child immediately after birth and where the parents can register the birth of their children.
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Session 6: Adolescence and Gender Related Issues in Child Protection
The period of adolescence profoundly influences boys’ and girls’ future potential, exacerbating the gender socialization which starts in early childhood. It is a time of key transitions: from childhood to adulthood; from primary to secondary education; from education to work and family life which differently affects boys and girls. They experience multiple and concurrent transitions, from a physical, mental and emotional point of view which have pronounced gender dimensions. This is because they undergo physical and psychological changes which have implications for their social, economic and health development. They also face various forms of violence, inequities and risks and vulnerabilities linked with child marriage, child labour, trafficking, unsafe migration, sexual violence, school drop-out as well as disabilities40. The role gender plays in these challenges face cannot be over emphasized. This session explains key concepts on the nature of changes and transformations that occur during the adolescents’ development stage and the role gender plays in the challenges associated with these changes. Understanding these changes and peculiar needs by adolescents themselves, parents, caregivers, service providers, CP actors and community members would improve protection and development outcomes for adolescents in families, communities and society at large.
Facilitators’ Action a. Ask the participants to define what an adolescent is and after several answers and some discussion with the participants read the definition of adolescence as in the text box below. Definition of Adolescence
Adolescence is the time between the beginning of sexual maturation (puberty) and adulthood. It is often described as the transition between childhood and adulthood. According to United Nations/World Health Organization’s definition, an adolescent is any person aged between 10 and 19 years. This definition of an adolescent overlaps with that of a child, which is defined as any person under the age of 18 years, in accordance with the United Nations Convention on the Rights of the Child (CRC). “Young adolescents” are defined as those aged between 10 and 14 years and “older adolescents” as those aged between 15 and 19 years.
40 Adolescent Health Service Policy and Strategy (2016-2020), Ghana Health Service
Social Welfare | Part Two 88 Part 2: Social Welfare b. Ask participants to describe some of the changes they went through when they reached the stage of adolescence. c. After they have mentioned and described these changes add that most adolescents go through the same changes and they are normal part of human development. These can be grouped into: i. Physical: Which generally involves the experience of a growth spurt that involves rapid growth of bones and muscles. This begins in girls around the ages of 9-12 and in boys around the ages of 11-14 ii. Cognitive: which involves a dramatic shift in thinking from concrete to abstract, ability to analyze situations logically in terms of cause and effect, rapid development of all aspects of intelligence like judgment, reasoning, comprehension, memory and concentration, ability to think about the future and set personal goals, wanting to challenge authority and contributing to community and family decisions, deciding and doing things for themselves etc. iii. Emotional: which involves establishing a sense of identity which is made up of two components such as the Self-concept – that is the set of beliefs about oneself, including attributes, roles, goals, interests, values and religious or political beliefs and Self-esteem – which has to do with how one feels about one’s self. This includes experimenting with different ways of appearing, sounding and behaving. At this stage, gender and cultural differences, gender roles and stereotyping come in a lot, influencing boys and girls on what to wear to be acceptable among peers and in society, how one is expected to relate to others, etc. iv. Social and behavioural: which takes place in the context of all their relationships, particularly those with their peers and families v. Sexual maturation (puberty): which also begins at this time and closely interacts with the physical, emotional and social development especially during puberty (inform them that this aspect will be handled in detail in the next activity) Add that this knowledge about the changes adolescents experience will hopefully enable them to embrace adolescents and help them positively handle the misconceptions and risks that are often associated with this period of life in order to provide them with the needed support for them to transition smoothly. d. Ask participants to describe some of the risks they know adolescents face due to these developments and changes they go through at this stage. Ask them what they think are the impacts of such risks on the life outcomes of adolescents, especially the adolescent girl. Then present the key points in the Facilitators Notes 2.2.6a - Adolescents Protection Concerns and Impacts on their life Outcomes. Allow them to ask questions and discuss the risks with real life examples from the communities where they work/live in.
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Providing Alternative care for Adolescents There is the need for parents to provide care (including alternative care by relatives) for adolescents instead of being sent to institutions (“nkwaraa bone school”- school for bad kids) because of the perception that they are stubborn and cannot be corrected at home. The perception that adolescents are stubborn is because this stage of their development presents some changes that make them seem like they are stubborn (refer to what happens during emotional and intellectual development of adolescents). Parents and guardians are therefore to be taught to understand these changes that occur in adolescents in order to be able to understand some of their actions and help them cope with the challenges these changes in their development present, instead of branding them as “stubborn”, “disrespectful”, “lazy” etc. It is even at this stage of development that they need love and care from parents and family members to help them acquire positive values, skills and knowledge for desired life outcomes. e. Ask participants how they feel about adolescents’ attitudes and values, e.g. • Whether they feel they are full of potential, eager to learn, obedient, well-mannered, or • Whether they perceive them as disrespectful, disobedient, lazy, etc. • Probe further to find out the root causes of such beliefs, values, stereotypes and attitudes – where do they come from? • What behaviours reinforce them? What is caused by lack of understanding and knowledge of their situation? • Allow the participants time to discuss, reflect, and exchange opinion and ask them what they think should be done to adolescents who they feel are beyond correction? • Probe to find out whether some adolescents are sent into institutions – because of the perception that they are stubborn, disrespectful or beyond correction. • After a lengthy discussion, read the text about Providing Alternative Care for Adolescents (in the text box above) to them and discuss the issues listed in the text. f. Add to the discussion by stating that: • Creatingopportunities for adolescents to have the right skills and knowledge to thrive, learn, participate and stay healthy is essential towards their holistic development. • Understanding what challenges they face and what they go through in this delicate period of life will help both adolescents themselves, but also parents, caregivers and community members. • Empowering them and preparing them for adulthood and citizenship initiates a cycle of opportunity which can produce positive outcomes for both the individual and the community. g. Add that puberty triggers interest in the opposite sex and the desire to relate to them. This
Social Welfare | Part Two 90 Part 2: Social Welfare coupled with the high energy levels makes it imperative that this interest and energy are channelled constructively; otherwise it results in premature sexual relationships. Activities that result in relating with the opposite sex in interesting and creative ways, such as youth clubs, sports and hobbies, may offer young people opportunities to expend their sexual energies positively. However, there is the need for respectful and consensual relations. If adolescents decide to be sexually active, then they should be empowered with the right age-specific information, knowledge, skills and services to make informed decisions, engage in safe sex and protect themselves. According to the 2014 GDHS sexual activity is high among Ghanaian adolescents and youth with exposure to sexual activities beginning at early ages. This trend has increased in proportion over the past decades. The rate of adolescent girls having their first experience of sexual activity by 15 has increased by 61.6%; from 7.3% in 1998 to 11.8% in 2014. It is important for adolescents to have the right information and access to services so that they can make informed decisions and better protect themselves from STIs including HIV and reduce the number of teenage pregnancies. Comprehensive Sexuality Education (CSE)41 is a curriculum-based process of teaching and learning about the cognitive, emotional, physical and social aspects of sexuality. It aims to equip children and young people with knowledge, skills, attitudes and values that will empower them to: realize their health, well-being and dignity; develop respectful social and sexual relationships based on consent and respect; consider how their choices affect their own well- being and that of others; and, understand and ensure the protection of their rights throughout their lives. Comprehensive sexuality education is critical to ensure girls and boys are provided with knowledge, skills and services for their sexual development and protection. Championed by the National Population Council, Ghana is making progress in the integration of CSE in the education curriculum and other programs for out-of school children, in collaboration with MoE/ GES, National Youth Authority (NYA) and other NGOs. The CRC has called on states to ensure that age appropriate, comprehensive and inclusive sexual and reproductive health education is part of the mandatory school curriculum. It should be based on scientific evidence and human rights standards, and cover a range of issues including “gender equality, sexual diversity, sexual and reproductive health rights, responsible parenthood and sexual behaviour and violence prevention.” To ensure accessibility to all adolescents, including those with disabilities, the information should be available in alternative formats. Furthermore, states should ensure this information reaches out-of-school youth.
41 Empowering Adolescents to Exercise their Reproductive Rights2017 Centre for Reproductive Rights
Part Two | Social Welfare 91 Part 2: Social Welfare h. Also include that because they are developing their sexuality at this stage, providing them with Comprehensive Sexuality Education (CSE) is critical and important to ensure that adolescents are provided with the appropriate knowledge, skills and services to equip them for their well- being. Now ask participants what they understand by comprehensive sexuality education and after some amount of discussions use the information in the text box below to firm up the responses from the participants. i. The period between puberty and young adulthood is a time when young people have strong sexual desires and are easily sexually aroused. Therefore, adolescents should be aware of what arouses sexual desires and how to cope with it. Ask the participants whether they think gender norms and beliefs play any roles in adolescent protection concerns? In small groups of two or three, ask participants to explore responses to the question “What is gender?”. It is important that the small groups generate as many ideas as possible. The aim is not to arrive at a complete definition but to develop a common understanding of the term and invite groups to share discussion outcomes, including any remaining uncertainties. j. After a few presentations by the groups discuss with them the differences between Sex and Gender by using the Table below:
Difference between Sex and Gender SEX GENDER Biological Characteristics Socially-constructed Characteristics Sex refers to the biological Gender refers to the social characteristics that define characteristics that define males expected behaviours and roles of men and women, and females boys and girls External and internal sex organs, These behaviours, activities and roles are learned secondary sexual development at through the process of socialization puberty Does not Change Over time Can Change over time
With very few exceptions The behaviours and acceptable social norms (surgical intervention), biological associated with being a woman or a man or being a characteristics that defines one’s girl or a boy are socially constructed and therefore sex do not change over time can change within a same society from one period of time to the other. For example, women of different generations subscribe to different social norms. Because they are learned, gender norms can be changed Does not differ across cultures and Differs between and within Cultures history Attributed roles and social characteristics associated For example: only women give with men and women or boys and girls differ over birth and can breastfeed. This has time, and between and within cultures. For example, been the case throughout ages in many cultures, some professions are only for men and in all cultures (army, drivers in some cultures).
Social Welfare | Part Two 92 Part 2: Social Welfare k. Ask participants about examples of gender norms or gender roles that are different from one culture to the other, or those that changed within Ghanaian culture overtime and Continue the discussion by highlighting the main points underpinning the concept of gender using the Facilitators’ Notes 2.2.6b - Gender and Adolescent Protection Concerns– that defines Gender, Gender Norms, Gender Roles, Gender Based Stereotypes, Gender Inequalities, etc. l. Allow participants to ask questions and contribute to the discussion using examples from their own experiences while growing and from working in the communities with adolescents. Then conclude the session by mentioning that all the positive and desirable life outcomes expected from adolescents can be attained or achieved when professionals working with communities to address the challenges and the protection concerns, are well equipped with knowledge and skills to be able to handle these issues appropriately in a professional manner. It is also important for adolescents themselves, to be equipped and empowered with these skills and information for their own protection and development. Families and community members also need to have knowledge about what the law says about these protection concerns and violations and of how to address these challenges if they occur.
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Facilitators’ Notes 2.2.6a - Adolescents Protection Concerns and their Impacts on life Outcomes
The world is home to the largest cohort of adolescents in history; 1.2 billion adolescents make up 16 per cent of the global population and 90 per cent live in low-and middle-income countries (LMICs)42. Adolescents (10-19 years) and young adults (20-24 years) constitute 29.3% of the nation’s population according to the Ghana Demographic and Health Survey (GDHS) 2014. Adolescent population thus accounts for 5.5 million, with adolescent girls accounting for more than half of the adolescent population and 21.7% of the total female population in the country. Thus adolescents are at the heart of population growth and development dynamics in Ghana. The period of adolescence profoundly influences boys’ and girls’ future potential, exacerbating the gender socialization which starts in early childhood. It is a time of key transitions: from childhood to adulthood; from primary to secondary education; from education to work and family life which differently affects boys and girls. They experience multiple and concurrent transitions, from a physical, mental and emotional point of view which have pronounced gender dimensions. This is because they undergo physical and psychological changes which have implications for their social, economic and health development. They face particular challenges related to their health such as sexual and reproductive health, HIV and other STIs, nutrition, mental health, substance use, non-communicable diseases, intentional and unintentional injuries. They also face various forms of violence, inequities and risks and vulnerabilities linked with child marriage, child labour, trafficking, unsafe migration, sexual violence, school drop-out as well as disabilities43. Both boys and girls may experience problems, pressures or challenges during adolescence which may include Neglect; Various Forms of Violence, Abuse and Exploitation; Sexual harassment and sexual violence (e.g. inappropriate touch, defilement, rape); Peer Pressure; Exploitation (incl. sexual exploitation and online exploitation); Gambling, Tobacco, Alcohol and Drug abuse; School drop-out; Child Marriage and Adolescent pregnancy; Trafficking and Child Labour; Bullying/Cyber Bullying etc.
Neglect
This is the persistent failure to meet a child’s basic physical, psychological or emotional needs, likely to result in the serious impairment of the child’s health, protection or development. Adolescents can be at higher risk of neglect than younger children, with society expecting them to assume ‘grown up’ roles and fend for themselves. This can lead to protection concerns – e.g. boys involved in unsupervised work like mining or begging; girls involved in sexual exploitation, etc. Adolescents may experience neglect in the following forms:
42 UNICEF, (2016), UNICEF Data - Adolescents: Demographics.http://data.unicef.org/adolescents/demographics.html 43 Adolescent Health Service Policy and Strategy (2016-2020), Ghana Health Service
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• Medical neglect – denying an adolescent care for his/her health needs • Emotional neglect – lack of responsiveness, affection or interaction from parents and other family members • Educational neglect – little or no support around schooling, and evolving learning needs • Physical neglect – poor living conditions, lack of appropriate clothing or food; lack of maintenance support • Lack of supervision and guidance – failure to create a protective environment from physical or other harm; absence of rules and boundaries for behaviour; lack of guidance and positive discipline; abandonment etc. Remember that Poor family and community care and support during the early years will inevitably lead to poor outcomes for both adolescents and society in general.
Various Forms of Violence, Abuse and Exploitation -
Some of the forms of violence experienced by adolescents (particularly by adolescent girls) include physical, sexual violence, emotional violence, neglect or negligent treatment, maltreatment or exploitation etc. It must be noted that violence is often perpetrated in Ghana in the domestic environment (domestic, extended family, community) – rather than from strangers. Intimate partner violence (IPV) is common in Ghana and statistics show how girls and women in Ghana tend to ‘justify’ domestic violence against females in certain circumstances more than what boys and men do. This can be as a result of deeply rooted gender inequality and gender power relations that can contribute to ‘normalization’ of violence in certain contexts. Domestic Violence has severe consequences in terms of being ‘inter-generational’ – i.e. linkage between experience of violence in the family of origin and perpetration/exposure to further violence for the victim during adulthood.
Sexual Harassment and Sexual Violence –
Harassment of sexual nature: includes unwelcome sexual advances, unwelcome touching, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Sexual violence is any sexual act (or attempt to obtain a sexual act) in which a person is threatened, coerced, or forced to engage in sex against her/his will and consent. Includes child sexual abuse, rape, inappropriate touching, forced kissing, intentionally hurting someone during sex, assaults upon the genitals, torture of the victim in a sexual manner, etc. Three central elements characterise the legal definitions of rape: • lack of consent or incapacity to give consent (incl. any child below age 16 years) • penetration, no matter how slight or regardless of whether ejaculation occurred • compelling participation by force, threat of bodily harm, or with a person incapable of giving consent due to intoxication or mental incapacitation
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It is one of the most traumatic, pervasive and common human rights violations. While it can affect also boys and men, sexual violence disproportionately affects adolescent girls and women, at all ages. In 2015, more than 1 in 3 adolescent girls aged 15-19 years in Ghana reported to have experienced at least one act of sexual violence44.
Peer Pressure
This is the influence from friends or colleagues to act in a manner similar to theirs, or in a way perceived to be acceptable by them. It is also an influence of a social group on an adolescent (boys- boys/girls-girls/girls-boys). An adolescent’s need to belong, ‘fit in’, emulate and feel accepted can produce peer pressure. Peers can either have a positive or negative influence. Positive or good peer pressure is experienced when one is pushed into doing something that he or she did not initially have the interest/courage to do but that eventually turns out to be beneficial and constructive. Bad peer pressure is one that causes negative consequences for the individual (e.g. can lead into trouble with family, law, bad health, etc.). Self-esteem, Self-confidence, assertiveness, negotiation skills and strong support from family and community are critical for adolescent girls and boys to avoid negative peer pressure and pursue positive peer influence.
Online Exploitation and Cyber-fraud
The news that Ghana is among 10 countries identified in the world in cyber fraud, known in local parlance as ‘Sakawa,’ is alarming. This cyber fraud ranges from hacking of official websites to abduction of teenagers and the use of the web to solicit young Ghanaian girls for sexual exploitation abroad45 . According to anonymous sources, cyber-fraud came to rise in Ghana from 1999 and 2000, but during this period, electronically based crimes were primarily related to credit card fraud. However credit card purchases over the Internet has dropped and therefore, newer forms of Internet exploitation/fraud are now being practiced, mostly by adolescents. Three primary types of cyber-fraud most commonly perpetrated in the country today include identity fraud, fake gold dealers and estate fraud. Recently there is also the sexual scam where the scammer uses the pictures (sometimes nude pictures) of beautiful and attractive ladies to offer/promise sexual relations to unsuspecting foreigners for money. The fact is that there is a growing number of fraudulent schemes in which one or more components of the Internet, play a significant role in offering non-existent goods or services to consumers, communicating false or fraudulent representations about the schemes to consumers, or transferring victim’s funds, access devices or other items of value to the control of the scheme’s perpetrator. (For more details please refer to the article and thesis sited in the footnote below)
44 Institute of Development Studies (IDS), Ghana Statistical Services (GSS) and Associates (2016), Domestic Violence in Ghana: Incidence, Attitudes, Determinants and Consequences, Brighton: IDS. 45 Daniel Ennin, Cybercrime in Ghana: A Study of Offenders, Victims and the Law, Thesis submitted to the University of Ghana, Legon in partial fulfilment of the requirement for the award of MPhil Sociology degree, July 2015
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Though deviations exist, those perpetrating these schemes fit a specific profile; male, less than 30 years old, and who reside in or near an urban centre where access to internet cafes is easy. The fraudsters (commonly referred to as “Sarkawa boys”) are typically unemployed or underemployed, and as such, do not normally attend school. Instead, their days are spent lingering around cyber cafés, often with others engaged in the same activities. With the recognition that cybercrime is an increasingly real threat to the country, the government of Ghana – particularly the Ministry of Communications – is beginning to take measures to combat it. In 2008 Ghana passed the Electronic Transactions Act (Act 772), which both criminalized computer hacking and resultantly gave police officers more latitude to pursue suspected cyber criminals.
Gambling
There is an alarming surge of gambling and betting centres in several urban and rural communities in Ghana. It is patronized on a daily basis by adolescents – at times spending their feeding money gambling and betting activities. Adolescents are found to participate in multiple types of gambling activity, including cards, dice, board games, sports betting, and games of personal skill. Risk factors that pre-dispose adolescents to gambling include having parents/family members with gambling problems, having alcohol/substance disorder and facing family or social problems. In a study carried out on the attitudes towards gambling in Ghanaian adolescents46 , adolescents that were having problems at home or school were higher frequency gamblers. Ghana’s Gaming Commission, which is responsible for regulation, controlling, monitoring and supervision of games of chance; licensing; promotions under the Gaming Act 721 (2006), has launched a campaign to close down all gambling centres operating illegally. The rationale is to ensure that those legalized to operate are to do so by preventing minors (below age 18) from getting involved, penalty the withdrawal of licensing. However, monitoring and enforcement of these regulations is still weak.
Tobacco, Drug and Alcohol Abuse
Drug abuse is the use of drugs for reasons other than medical, taking drugs without a prescription or not following the dosage instructed by a doctor. Drugs that are abused can be classified into the following groups: • Stimulants such as coffee, tea peps, pills and amphetamines • Depressants such as alcohol, Librium, Valium and sedatives • Hallucinogens (substances that make you have delusion or feel high/see images) such as cannabis, cocaine and heroin • Volatile substances such as glue and paint thinner
46 Dr Barry Tolchard, Franklin Glozah and David Pevalin, Attitudes towards Gambling in Ghanaian Adolescents, University of New England & University of Essex
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• Medical drugs such as antibiotics (e.g. tramadol) The reasons adolescents may abuse cigarettes, drugs or alcohol may include: • To escape family, personal, social and emotional problems • Ignorance of long-term physical and mental effects • To induce courage and overcome shyness • To stimulate their minds or stay awake for long periods • Peer group pressure, to satisfy curiosity and fit in socially or have fun • Boredom • To feel ‘grown up’ • To increase/reduce appetite (to over eat or avoid eating to reduce weight). • To relax or sleep Adolescents need to be supported in understanding negative consequences of tobacco, drug and alcohol abuse. They also need to develop their self-esteem and assertiveness to resist peer- pressure. It is important for adults to help adolescents address the underlying root causes/ concerns that lead to substance use/abuse, often found in problems at home.
School Drop-out
A school dropout is a person who leaves school before the completion of the education stage in which he or she is enrolled47. It has been posited that dropping out of school is a process whose characteristics can be detected long before it occurs. The fact that students who dropout are more likely to skip classes and have to repeat a class/grade can be relevant elements in prevention and early intervention for teachers and other school personnel. In a background paper prepared for the Education for All Global Monitoring Report 2011 on School Dropout: Patterns, Causes, Changes and Policies48, the writers indicated that dropping out is often a process rather than the result of one single event, and therefore has more than one proximate cause. They further stated that distance to schools, poor quality of education including teacher absenteeism and no employability skills afterwards, inadequate facilities (lack of safe toilets/MHM, overcrowded classrooms), inappropriate language of instruction, and, in the case of girls’ school safety and experience of violence in school (sexual, bullying, corporal punishment), Adolescent pregnancy and household poverty, are common causes for school dropout. Gendered social practices within households, communities and schools, influence differing patterns of access for girls and boys.
47 B. Imoro, Dimensions of Basic School Dropouts in Rural Ghana: The Case of Asutifi District, Journal of Science and Technology, Vol. 29, No. 3 (2009), pp 72-85 48 Ricardo Sabates, Kwame Akyeampong, Jo Westbrook and Frances Hunt, School Dropout: Patterns, Causes, Changes and Policies, Background paper prepared for the Education for All Global Monitoring Report 2011
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Adolescent girls are particularly vulnerable to drop-out particularly during JHS and in transition from JHS to SHS. Efforts by the Government through GES to reduce school drop outs include, among others: • implementation of the Free Compulsory Basic Education (FCUBE) and the free SHS Policies • Implementation of the guidelines for prevention of adolescent pregnancy and school re- entry for adolescent mothers • Implementation of school feeding programme and provision of free school supplies (school uniforms and exercise books) for children at the basic level and the Safe School Initiative
Adolescents and the Digital Media-Risks Associated with Exposure to Negative Media49,50
Worldwide, more and more children and adolescents are going online, more frequently, having gained access to ICTs – primarily through mobile phones, tablets, laptops and game consoles, along with other online digital media. ICTs take different forms, including online, networked, mobile and also more established media (since radio, television, film, press etc., all of which are increasingly accessible via online platforms). ‘Online’ itself includes diverse Internet services including information, gaming, social media, streaming and more. In an increasing number of Low to Middle Income Countries (LMICs), digital media are becoming more accessible, affordable and personal, even though considerable inequalities persist. Young people are often pioneers in embracing ICTs and digital media, engaging more enthusiastically than adults, and developing skills and innovative practices often unrecognised by parents, teachers and others. It is no wonder that some children are beginning to see Internet access as their right. Yet basic assertions about access and use inevitably open up questions about opportunities and risks associated with digital media. Research on the contexts of childhood raises questions about the mediating role of parents, teachers, peers and others in shaping the ways in which children gain access to digital media as well as the particular consequences that may follow. The influence of the media on the psychosocial development of children and adolescents is profound. Thus, it is important for parents and CP practitioners to know children and adolescents’ exposure to media and to provide guidance on age-appropriate use, including television, radio, music, video games and the Internet. While digital media is actively enjoyed, they are associated risks such as contact with strangers, age-inappropriate content, disclosure of personal information etc. because parents do little management of children’s online experiences. While digital media can open up opportunities for freedom of expression previously denied, such acts can lead to further parental control and even violence against girls on discovery.
49 Impact of media use on children and youth, Paediatr Child Health. 2003 May-Jun; 8(5): 301–306.Assessed on https://www.ncbi.nlm.nih.gov/pmc/ articles/PMC2792691/ 50 Sonia Livingstone, Anulekha Nandi, Shakuntala Banaji and Mariya Stoilova, 2017 Young adolescents and digital media uses, risks and opportunities in low- and middle-income countries: A rapid evidence review
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Learning: The media can be a powerful teacher of valuable lessons about harmony, cooperation, kindness, simple arithmetic and the alphabet through educational formats. Some public programmes through media stimulate visits to the zoo, libraries, bookstores, museums and other active recreational settings. Educational videos can also serve as powerful pro-social teaching devices. However, media takes a lot of time away from reading and schoolwork. More recent and well-controlled studies show that even 1-2 hours of daily, unsupervised television viewing by school-aged children has a significant negative effect on academic performance, especially reading. The Internet has a significant potential for providing children and youth with access to educational information, and can be compared with a huge home library. However, the lack of editorial standards limits the Internet’s credibility as a source of information. Some video games may help the development of fine motor skills and coordination, but many of the concerns about the negative effects of television (e.g. inactivity, asocial behaviour and violence) also apply to excessive exposure to video games. Violent video games should be discouraged because they have harmful effects on children’s and adolescents’ mental development Violence: The amount of violence shown via these different forms of media is on the rise, including many depictions of murder and rape. Music videos may have a significant behavioural impact by desensitizing viewers to violence with attractive role models being the aggressors of most of music video violence. Males are more than three times as likely to be the aggressors Studies have confirmed that exposure to heavy doses of violence via these media increases aggressive behaviour, particularly in boys. Other studies link media publicity of suicides to an increased suicide risk. Sexuality: Today, digital media has become a leading sex educator exposing children and adolescents to adult sexual behaviours in ways that portray these actions as normal and risk- free. This sends the message that because these behaviours are frequent, ‘everybody does it’. Sex between unmarried partners is shown 24 times more often than sex between spouses, while sexually transmitted infections and unwanted pregnancy are rarely mentioned. Women are portrayed frequently in a condescending manner that affects children’s attitudes about sex roles. Teens often rank the media as the leading source of information about sex, second only to school sex education programmes. Numerous studies all over the world document adolescents’ susceptibility to the media’s influence on their sexual attitudes, values and beliefs. Music Videos: may reinforce false stereotypes. A detailed analysis of music videos in the western world raised concerns about its effects on adolescents’ normative expectations about conflict resolution, race and male-female relationships. Music lyrics have become increasingly explicit, particularly with references to sex, drugs and violence. Research linking a cause-and-effect relationship between explicit lyrics and adverse behavioural effects is still in progress at this time.
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There are other concerns as well: •• The amount of time spent watching television and sitting in front of computers can affect a child’s postural development. •• Excessive amounts of time at a computer can contribute to obesity, undeveloped social skills and a form of addictive behaviour. •• Although rare, some children with seizure disorders are more prone to attacks brought on by a flickering television or computer screen. •• No data suggest that television viewing causes weakness of the eyes. It may be different when a child is closely exposed to a computer screen for long periods, although there are no definitive references to support this. •• Other concerns include paedophiles who use the Internet to lure young people into relationships. •• There is also the potential for children to be exposed to pornographic material. Parents can use technology that blocks access to pornography and sex talk on the Internet, but must be aware that this technology does not replace their supervision or guidance.
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Facilitators’ Notes 2.2.6b -Gender and Adolescence Protection Concerns
Gender refers to the roles, behaviours, activities, and attributes that a given society at a given time considers appropriate for men and women, girls and boys. Gender is different from sex, which is the biological characteristics that define males and females at birth. These attributes, opportunities and relationships are socially constructed and are learned through socialization processes. They are context/time-specific and changeable. Gender determines what is expected, allowed and valued in a woman or a man (or a girl or a boy) in a given context. In most societies there are differences and inequalities between girls and boys, women and men in responsibilities assigned, activities undertaken, access to and control over resources, as well as decision-making opportunities. Gender is part of the broader socio-cultural context, as are other important criteria for socio-cultural analysis including class, race, poverty level, ethnic group, sexual orientation, age, etc.51
Gender Norms, Gender Roles and Gender Socialization during Adolescence
Gender Norms are sets of rules for what is appropriately masculine and feminine behaviour in a given culture. Individuals expect others to conform to these behaviours, and therefore prefer to conform to them as well. Gender Roles are made of the different things that a male or female is expected to do by society; the expected roles that are associated with each sex group. They are internalized early in life, during childhood. They are culture and context specific and can change overtime. Gender roles condition attitudes and behaviors, determine access to resources, and define power dynamics within the households. Gender Socialization is the process by which individuals develop, refine and learn to internalize gender norms and roles as they interact with key agents of socialization, such as their family, social networks, media, school, church environment, etc. Families and communities exert great pressure on girls and boys, particularly adolescents, to conform to expected gender roles. Gender Expectations and disparities between two sexes get sharper during adolescence (as compared to earlier childhood. Puberty and adolescence are marked by a growing gap in gender expectations and boys’ and girls’ equality in access to opportunities, for example: • Boys are socialized/pressured to be brave and strong and may experience disapproval if they express certain emotions, such as vulnerability, sadness, etc. • Boys are often pressured to become sexually active to prove their masculinity, whereas in most settings, girls who are sexually active are met with social disapproval
51 Source: UN Women, OSAGI Gender Mainstreaming - Concepts and definitions
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• Girls experience limitations to their freedom during puberty. Their schooling may end, their style of dressing may be limited, their behaviour may be constrained by social expectations, and they may be assigned additional household /caretaking duties • Girls may be expected to fend for themselves, find a husband to support them, and marry • Girls can be subject to sexual advances, both well-meaning and harassing
How gender socialization affects girls and boys
Boys and Girls have different needs, but should enjoy equal rights, responsibilities and opportunities. Their chances to survive, be healthy, develop their skills, be protected from abuse and participate in the life of their families/communities should not depend on whether they are boys or girls. The reality is, in many cultures girls and boys are viewed in different ways, are sometimes attributed a different “value”. Girls and boys are often treated differently from birth • Boys are often expected and taught (in both blatant and subtle terms) to be aggressive, take risks, control their emotions, and be physically strong • Conversely, girls are taught to be emotionally expressive, defer to others’ needs over their own, and be weaker physically • Boys are made to wear pants; girls are made to wear skirts or dresses • Stores have “boy” sections, with dump trucks and footballs, and “girl” sections with dolls and play kitchens • Boys who want to play with dolls/kitchen tools are made fun of. Girls who like to play football may be described as “unladylike.” This can lead to unequal treatment of boys and girls, and can negatively impact on the enjoyment of their rights. • Example 1: girls often experience gender discrimination (e.g. lack of access to education, increased vulnerability to physical and sexual violence, subjection to child marriage and female genital mutilation, increased vulnerability to HIV/AIDS and STIs, etc.). • Example 2: boys often experience gender discrimination (e.g. bullying of young boys for not fitting in with the “male” stereotype, increased vulnerability to involvement in armed conflict, and related physical and psychological violence, etc.) Luckily, gender stereotypes and social norms are “socially defined” and can change overtime. It is imperative to engage adolescent girls and boys to ensure that they are socialized to positive and equitable gender models and gender power relations from young age, so to ensure both girls and boys reach their full potential and help break cycles of inequity and violence
Gender Stereotyping
Gender stereotypes are simplistic generalizations about the gender attributes, differences and roles
Part Two | Social Welfare 103 Part 2: Social Welfare of women, men, girls and boys. Stereotypical characteristics about men and boys are that they are competitive, acquisitive, autonomous, independent, confrontational, concerned about private goods, and less skilled in caring for babies and children. Parallel stereotypes of women and girls hold that they are cooperative, nurturing, caring, connecting, group-oriented, concerned about public goods, emotional etc. Most often attributes of women and men in societies are perceived as in opposition. Stereotypes are often used to justify gender discrimination more openly and can be reinforced by traditional and modern theories, laws and institutional practices as well as common saying, adages and proverbs ‘A woman’s place is the kitchen and the bedroom’. It is important to recognize that gender stereotypes are beliefs that have no factual truth. Nevertheless, they influence people’s choices such as attitudes, behaviors, career and education paths, etc.
Gender Equality and Inequality
Gender inequalities emerge when one of the two sexes is considered more ‘valuable’, ‘capable’, ‘powerful’, and has more access to information, resources and opportunities than the other. Gender Inequality and imbalanced gender power relations are main causes of gender based violence (e.g. sexual violence, economic violence, physical violence, forced child marriage, etc.). Examples of gender inequality at the community level include: • women having less decision-making influence over household income, community programmes such as education, health programmes • Limitations of girls’ ability to move about freely in public, limited valuing of girls’ education, child marriage, stigma against single or teenage mothers, etc. Examples of Indicators of gender inequality at the community level include: • Poorer economic status of women vs. men • Higher exposure to violence and abuse, including sexual • Girls and women less control over family planning/reproduction choices • Lower levels of education for girls and women On the contrary, gender equality implies that the interests, needs and priorities of both women and men, and girls and boys, are taken into consideration. Gender Equality means that women, men, girls and boys have equal conditions, treatment and opportunities for realizing their full potential, human rights and dignity, and for contributing to (and benefitting from) economic, social, cultural and political development. Equality does not mean that women and men, girls and boys will become the same, but that women’s and men’s, girls’ and boys’ rights, responsibilities and opportunities will not depend on whether they are born male or female Adolescent girls are particularly susceptible to protection violations because they are vulnerable to abuses that afflict both children and women. Girls are more likely to experience sexual violence than boys. Traditional practices such as female genital mutilation/cutting (FGM/C) continue to subject girls’ to health risks and life-threatening consequences. Some of the specific risks and
Social Welfare | Part Two 104 Part 2: Social Welfare protection concerns that adolescent girls in Ghana may face as they enter adolescence include defilement, abduction, rape, elopement, child marriage, teenage pregnancy, unpaid care work, hawking, commercial sexual exploitation, among others. In 2014, 14.2% of all adolescent girls’ aged 15-19 years had begun child bearing, with pregnancy in adolescence carrying a high risk in maternal and new born death. In Ghana today, one in five girls (21%) are married before their 18th birthday, with girls from rural areas, poorest households and lower levels of education being disproportionately affected (DHS, 2014). Adolescent pregnancy and childbearing among school girls are emerging as important risk factors also for the increased school dropout rates, particularly at Junior High Levels (JHS). Many of the young girls engage in sexual activities with boys of same age bracket and though the boys do not become pregnant, they also go through the experiences of being dropped out of school by parents who are not prepared for the additional burden of a child. This is in addition to the psychological stress the unwanted pregnancies bring also onto the girls and the boys. These outcomes call for a strong focus on adolescent well-being in policies and programmes that are supported by a growing body of literature that recognizes adolescence as a critical phase for achieving human potential. There is therefore the need to create a safe and supportive environment by: • ensuring adolescents’ access to appropriate gender and age sensitive information, • ensuring that all services including health facilities, social welfare services, education, justice, etc. are available to provide goods and services including counselling on mental health, nutrition, sexual and reproductive health, • ensuring the active participation of young people in programmes affecting them, and their protection from all forms of violence and harmful practices especially focusing on the more vulnerable such as out of school/uneducated, living in rural areas and coming from poor households.
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MODULE 3 – TYPOLOGY AND CHILD PROTECTION CASE MANAGEMENT
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MODULE 3: TYPOLOGY AND CHILD PROTECTION CASE MANAGEMENT52,53,54,
Case Management is a way of organising and carrying out work to address an individual child’s (and their family’s) needs in an appropriate, systematic and timely manner, through direct support and/or referrals, and in accordance with a project or programme’s objectives. Case management services can be provided as part of programmes that address the needs of children with particular vulnerabilities or risks (such as separation or commercial sexual exploitation) or may be provided as part of programmes or services that address a broader range of child welfare and social protection concerns. UNICEF in collaboration with the Departments of Children and Social Welfare of the Ministry of Gender Children and Social Protection has developed an Inter-Sectoral Standard Operating Procedures (ISSOPs) based on Ghana’s many laws, regulations and official policies to protect children and improve family and caregiver welfare through social services and support. The ISSOPs are a product of the active participation, input and consensus of key stakeholders at the national and subnational levels, and across governmental, non-governmental and civil society institutions. This module therefore introduces participants to the SOPs to enhance their work in the management of child protection (CP) cases; categorizes the various types of CP cases; describes the inter-sectoral approach in coordinating prevention and response to CP cases as well as the positive outcomes of effective management of CP cases. Reference will be made to the ISSOPs on CP Case Management.
This module has seven (7) sessions and they are:
Session 1: Introduction to Child Protection Case Management Session 2: Inter-sectoral Approach in Coordinating Prevention and Response to Child Protection (CP) Cases Section 3: Typologies and Pathways of Response to Different Categories of CP Cases Session 4: Inter-sectoral Forms, Tools and Procedures for Casework and Management Session 5: Risk Assessment and Responsiveness Session 6: Case Information Sharing Within and Between Sectors Session 7: Well-being and Positive Outcomes of Effective Case Management
52 Social Welfare and Community Development Training Manual, Local Government Service, March 2014 53 The Inter Agency Guidelines for Case Management & Child Protection, The Role of Case Management in the Protection of Children: A Guide for Policy & Programme Managers and Caseworkers, January 2014 54 Inter-sectoral Standard Operating Procedures for Casework and Management in Child Protection and Family Welfare, UNICEF Ghana in collaboration with Department of Children and Department of Social Welfare of the Ministry of Gender, Children and Social Protection, 2019
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Learning Objectives:
By the end of this module, participants would be able to: • Define child protection case management, case work and differentiate between case management and case work • Provide Legal Definitions of Child Protection/Sexual and Gender Based Violence/Domestic Violence Cases and the different categorizations of the various types of CP and family welfare cases (Typology) • Describe the Inter-sectoral approach in coordinating prevention and response to child protection cases – the complementary roles for collaboration and implementation of CP and family welfare issues. • Describe Case Information Sharing within and between sectors and Confidentiality based on ‘need to know’ in case management as well as child safeguarding etc. • Define risk, list the elements of risk, define what vulnerability is and differentiate between risk and vulnerability • Describe case referrals, follow-ups, documentation and reporting • Describe the positive outcomes of effective CM – including Psychosocial Counselling for those at risk as well as the well-being of those exposed to/affected by risks, • Describe the barriers to giving and receiving services and support including Financial Hardship and Roadblocks for Receiving Services and Support
Estimated time: 4 hours
Materials
The Inter-Sectoral Standard Operating Procedures for Child Protection and Family Welfare PowerPoint Presentations Facilitators’ Notes Flip Charts, VIPP Cards (different shapes and colours) Markers, Masking Tape LCD Projector Laptop Computer
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Session 1: Introduction to Child Protection Case Management55
Case Management (CM) is the process of helping individual children and families through direct social-work type support, and information management in an appropriate, systematic and timely manner. Case management can be provided in emergency and development settings to address a range of issues, including child protection concerns through direct support and/or referrals, and in accordance with a project or programme’s objectives. Having case management procedures in place ensures quality, consistency, and coordination of services. This session introduces participants to Case Management, its definition, the difference between Case work and Case Management as well as why the need for Case Management in CP.
Facilitators’ Action a. Introduce the entire module on Typology and Child Protection Case Management by informing participants that this module is very critical. The success of the work they do in ensuring that children are protected from all forms of violence, abuse, neglect and exploitation depends on how best they understand the categorization of the various types of CP issues and how well they are able to collaborate with other institutions and CP actors in these efforts. b. List the sessions and read out the learning objectives and ask the participants to explain each of them. Also add that this session is to introduce them to what case management and case work are in the prevention and response to all forms of violence, abuse, neglect and exploitation against children. c. Divide them into groups of 8 to 10 in each group and ask them to: • Define Case Management and Case Work • Distinguish between Case Management and Case Work • List the steps involved in Case Management and the roles of the Case worker/manager • Explain why CM is important in the work of CP service providers and actors d. After the group presentations at plenary, present the PowerPoint Presentation PPT 2.3.1- Introduction to Child Protection Case Management to firm up the points made on the definition of Case Management, why it is important and the steps in Case Management process as well as the roles of the Case Managers. e. Conclude the session by allowing for questions and contributions from the participants and affirming the key points presented in the text box below.
55 Case Management Standard Operating Procedures for Children in Need of Care and Protection, Care Reform Initiative (CRI) Ghana, UNICEF Ghana, Department of Social Welfare of the Ministry of Gender, Children and Social Protection, June 2018
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•• Casework is a direct social service to an individual from a person authorized to do so from such sectors as social welfare, health, education, law enforcement and justice, human rights, livelihoods and community development. •• Case management is casework involving a full process of risk and vulnerability assessment, case action planning, direct service including referrals and follow-up, and documentation in a file system. •• Case managers and caseworkers should keep in mind that case management is not a linear process. •• The six steps (identification, assessment, planning, implementation, review and closure) are inter-linked and may at some time trigger a return to an earlier stage or process. •• Cases can be reopened at any time when new information becomes available or the child’s situation changes. •• This stage can also include case conferencing, if/when required/appropriate, with the consent of the client.
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Session 2: Inter-sectoral Approach in Coordinating Prevention and Response to Child Protection Cases56
Most stakeholders involved in direct services or administrative support in child protection and family welfare in both the informal and formal sectors have many other responsibilities in their daily work. It is therefore important to clearly and simply identify their key high priority roles and responsibilities to help prioritizing child protection and family welfare work and hold each other accountable to their core duties. This session describes roles, principles guiding behaviour and actions of caseworkers and the leadership of the departments and organizations to maintain a track record of achieving successful outcomes in child protection and family welfare. The session also mentions how stakeholders work together through sharing of information and coordination of services and support to improve wellbeing outcomes for children and families.
Facilitators’ Action
a. Begin the session by summarizing the introductory paragraph of this session above and inform participants that because CP and family welfare issues may need the services of more than one organization or institution to resolve, it is very important to clearly and simply identify key high priority roles and responsibilities to help prioritizing child protection and family welfare work and hold each other accountable to their core duties. b. Divide the participants into groups of 8 – 10 participants each,
• Group 1 – representing the Police and Justice • Group 2 – Social welfare and Community Development • Group 3 – representing the Ministry of Education/Ghana Education Service • Group 4 – Representing health personnel • Group 5 – NGOs and other CSOs c. Ask the different groups to discuss and list their key roles and responsibilities in the management of child protection and family welfare cases as well as those roles and responsibilities shared by all sectors and caseworkers. Ask them to also list the key principles they think have to be considered in inter-sectoral standard operating procedures. d. Allow them some time to discuss and let each group present at plenary. Allow the participants from other groups to ask questions and contribute to the information presented by each group.
56 Inter-sectoral Standard Operating Procedures for Casework and Management in Child Protection and Family Welfare, UNICEF Ghana in collaboration with Department of Children and Department of Social Welfare of the Ministry of Gender, Children and Social Protection, 2019
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e. Add to the discussions by presenting the PowerPoint Presentation PPT 2.3.2 - The Key Roles and Responsibilities for CP and Family Welfare Sectors and Caseworkers to reaffirm the description given by the groups on the different roles of each agency, their complementary roles as well as the establishment of an inter-sectoral framework for collaboration, implementation and accountability for child protection and family welfare issues. f. Stress on the fact that the key role of every citizen and resident of Ghana is to safeguard the rights and protection of children in conformity with and upholding the laws of Ghana and read some of the specific provisions in the laws from the Facilitators’ Notes 2.3.2a - Key Roles/ Responsibilities of Citizens and Residents of Ghana g. Conclude the session by presenting the key points presented in the Facilitators’ Notes 2.3.2b - Key Principles in Inter-Sectoral Standard Operating Procedures (ISSOPs) stressing the key roles and responsibilities shared by all sectors and caseworkers allowing for questions and contributions from the participants.
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Facilitators’ Notes 2.3.2a - Key Responsibilities of Citizens and Residents of Ghana
The key role of every citizen and resident of Ghana is to safeguard the rights and protection of children in conformity with and upholding the laws of Ghana, particularly: • Parents, whether married or not at the time of the child’s birth or if they continue to live together or not, shall protect the child from neglect, discrimination, violence, abuse, exposure to physical and moral hazards and oppression; provide good guidance, care, assistance and maintenance for the child and assurance of the child’s survival and development; and register the birth of their child –Paraphrased Children‘s Act, 1998 Section 6. • It is a crime for anyone keeping charge of a child under five years of age to abandon the child by leaving it at a hospital, or at the house of any persons, or in any other manner. (Paraphrased from the Criminal Code, 1960 Section 96) • No child is to be engaged in exploitative child labour, defined as “if it deprives the child of its health, education or development.” Additionally, children are not permitted to work between 8 p.m. and 6 a.m. Light work is permitted in certain situations for ages 13-14 years and hazardous work is not permitted for ages 15- 17 years -Children’s Act, Section 87 • Trafficking of children and adults is a serious criminal offense involving the “recruitment, transportation, transfer, harbouring, trading or receipt of persons for the purpose of exploitation within and across national borders by the use of threats, force or other forms of coercion, abduction, fraud, deception, the abuse of power or exploitation of vulnerability; or giving or receiving payments and benefits to achieve consent.” Human Trafficking Amendment Act, 2009 Section 1 • Sexual exploitation is the use of a person for sexual activity that causes or is likely to cause serious physical and emotional injury or in prostitution or pornography. A person who sexually exploits another person commits an offence and, if a child victim, is liable on summary conviction to a term of imprisonment of not less than seven years and not more than twenty-five years. Criminal Offenses (Amendment) Act, 2012, Section 101 A • Rape and defilement are serious criminal acts liable on summary conviction to imprisonment of between five or seven (in the event of defilement) to twenty-five years. Defilement applies to a child under sixteen years of age. Ghana Criminal Code, 1960 Sections 97 and 97 • Child Marriage: No person shall force a child a) to be betrothed, b) to be subject of a dowry transaction, or c) to be married. The minimum age of marriage of whatever kind shall be 18 years (Children’s Act, 1998 Section 14) • Domestic violence is a crime and defined as threat or harm by a family member (current, previous or similar a family member) involving the following abuses: physical (including assault, force, deprivation), sexual (including humiliation and degrading conduct), economic (including deprivation and damage to property), and emotional/verbal/ psychological (including misery, ridicule and fear). It also is defined by law as harassment
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(including sexual and inducement of fear) and behaviour endangering the safety of another person. Domestic Violence Act, Section 1 • Nothing is a crime which is done by a person under twelve years of age (Criminal Code 1960 Section 26—When a Child is Incapable of Committing Crime.) • Corporal punishment by a parent or guardian: “no correction can be justified which is unreasonable in kind or in degree, (to) the age and physical and mental condition of the person on whom it is inflicted; and no correction can be justified in the case of a person who, by reason of tender years or otherwise, is incapable of understanding the purpose for which it is inflicted.” Ghana Criminal Code 1960 Section 41 • The GES has adopted a Positive Discipline Toolkit which bans corporal punishment (defined as caning, slapping, poking, cruel and demeaning physical and emotional treatment that potentially instill fear and trauma in children) in all public and private schools in favor of alternative sanctions as measures for correcting pupils and students in schools.
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Facilitators’ Notes 2.3.2b - Key Principles in Inter-sectoral SOPs
A. Effective casework requires inter-sectoral & multi-disciplinary approaches:
Most child protection and related family situations have multiple and varied risks, vulnerabilities and needs. Therefore, casework must be assessed and coordinated based on what is needed from each relevant social service sector. The key sectors are social welfare and community development, education, health, law and enforcement, justice and human rights. Leaving one important risk or need unattended will jeopardize the impact of services being rendered and prospects for longer term wellbeing of the individual or family. Consistent with this principle is the need for a designated caseworker – particularly in higher and medium risk and vulnerability cases. This is the professional in the child protection system who is well trained and has the skills to ensure case coordination and documentation among the multi- disciplinary service and support providers.
Example:
Police responds to an emergency and separate a child from a dangerous situation, social welfare attends to the short term shelter needs of a victim and the longer term capacity of the family for a child’s reunification. Health workers address short term medical needs, including forensics, while the school staff works for the return and retention of the victim in school. Counselling is provided by mental health specialists.
B. Every sector must ‘burden share’ in child protection.
This principle is particularly important in resource-limited social service environments. There is no single focal sector in child protection and family welfare. The burden of support to vulnerable populations must be shared across sectors. Governments struggle to fund direct services in child protection since the human needs and outcomes for these services are often not as easily identifiable, understood, nor measured as in other sectors. For example, in education success can be measured with attendance and graduation data, in health through immunization and mortality rates, in infrastructure development through better access to roads, water or power. Vulnerable children and families face considerable obstacles in being able to organize themselves into constituencies to successfully advocate for their rights and access services and support to which they are entitled by law. In this vacuum, all sectors must share resources and coordinate their efforts.
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Example:
Out of necessity, Police and Social Welfare Officers prioritize their time and efforts on higher risk cases. Other sectors can take important initiative and leadership in lower risk cases involving children in education and health. Traditional and other leaders in the community can play constructive roles in raising awareness on protection issues, advocating for cases in need of support and mediating disputes when appropriate.
C. Prevention comes through early risk and vulnerability identification, reporting and support
Child protection includes preventing risk and vulnerability from escalating to more harmful and complex levels. When they reach these levels the longer-term impacts on child and family wellbeing are more challenging to handle and reverse. Caseworkers in each sector, and the paraprofessionals and other welfare leaders at the community level with whom they are aligned, should understand their role and responsibility in early risk and vulnerability identification, have the basic training to detect this, and where and how to refer needs for assistance. Community- based awareness raising activities in child rights and protection – including overcoming harmful traditional practices – is also essential for preventing violence, abuse, neglect and exploitation.
D. Responsiveness and accountability
These are key to casework quality. Service quality to vulnerable populations comes from responsiveness in two key ways: • prioritizing casework within acceptable time frames across sectors and, • identifying and overcoming key bottlenecks that prevent successful results in casework. Keeping to mutually agreed time frames and following a standard set of procedures enables greater mutual accountability among child protection and family welfare service providing stakeholders. Accountability to beneficiaries is based on involving them in decision-making whenever possible on actions and services that impact their lives. Example of a key bottleneck:
Completing medical reports on abuse cases and then presenting this evidence in courts is challenging for hospitals. If resources are not provided to accomplish these tasks by medical staff, then a case may be dropped in the judicial process and a perpetrator of abuse and violence may still be at large in a community. Civil society then loses confidence in the child protection system.
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E. Casework is done in the best interests of children and families under the principle of “do no harm.”
This starts with the understanding and clear protocols on management of personal data and confidential information by service providers. This is done on behalf of children and families in their best interests, understood as “clients”, particularly as casework and management become more inter-sectoral and multi-disciplinary. Mismanagement of personal data and confidentiality causes serious and long term harm to children, families and their caregivers. Do no harm is a prism to which every activity on behalf of a beneficiary should be assessed. Working in the best interests of children and preventing harm comes these details through case conferencing, effective case supervision and regular joint training and capacity building among caseworkers from different sectors. Example of “do not harm.”
A child victim of violence or abuse should not have to repeat their story and psychologically re- live this nightmare to many different service providers. The child protection service professional managing a case prevents this from happening through a coordinated approach to information sharing and intakes with the victim. Information is provided to service and support stakeholders on a ‘need to know’ basis.
F. Information sharing tools must be used for inter-sectoral cooperation
Cross-sectoral information sharing tools provide the framework for burden sharing, prevention through early identification of risk and vulnerability, and responsiveness to protect children and support families. The child protection and vulnerable family support system must know about and document cases system-wide through a casework notification process. Additionally, inter-sectoral cooperation is set up and coordinated through referrals and follow-up procedures, including case conferencing for higher risk cases. The heartbeat of inter-sectoral cooperation comes from use of these resources. Without data being systematically gathered through a casework notification system, national monitoring, planning and proper resource allocations to protect children is not likely to occur. Stakeholders collect, process and store personal data and confidential information on behalf of the children and families, in their best interests As casework and management becomes more inter-sectoral and multi-disciplinary, stakeholders must be vigilant in safeguarding personal data and confidentiality of the populations in their caseloads. This is required by Ghanaian law. Mismanagement of personal data and confidentiality can cause serious and long term harm to children, families and their caregivers.
Key Roles and Responsibilities Shared by All Sectors and Caseworkers • Be guided by and understand child safeguarding policies so stakeholder offices, procedures and practices, employees, paraprofessionals and volunteers are “doing no harm” to
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children - including ensuring their dignity and protecting their confidentiality and personal data privacy. • Do No Harm means making sure casework that is supposed to be helpful does not expose a child to further risk and harm. This includes caseworker conduct that in no way exploits or takes advantage of a child or their family; how information about them and their family is collected, stored and shared to protect their dignity and confidentiality, and avoiding unnecessary conflict with other individuals, families or communities that could putthe child or family at risk of violence, including acts of revenge. • Raise awareness in child rights and protection at every opportunity with communities and institutions stakeholders are engaged with. This includes clarity on laws and regulations, explanations on harmful developmental impact traditional and other practices have on children, families and on communities. This knowledge is a key first step in preventing child protection violations • Each office, network, committee or institution is a potential entry point for a child protection report. This can be through someone coming to an office, phone calls or emails. Each should have one or more designated focal persons who follow procedures and have skills to communicate with persons seeking information and/or facing some difficulty or crisis. This should include knowledge of and referral to the Helpline of Hope (0800 800 800 or 0900 800 800, or the SMS short code 8020 as well as add 192 and 18555 for the police) in the right situations and if the Helpline is open, or alternative sources of timely assistance as needed. Focal persons should have training and skills in psychological “first aid” for individuals who are distressed or experience trauma. • Competency in identifying risk and vulnerability, particularly in its early stages to prevent them from growing, and then the procedures for what to do next. Depending on the situation and the stakeholder’s position, the options include reporting to a supervisor, some initial direct assistance to the child or family, referral to a service provider best suited for an assessment and response, and if casework is involved to notify and update the local DSWCD office. Especially important to this process are the education and health sector staff with a strong community level presence, as well as NGOs and CSOs with their staff, paraprofessionals and leadership presence at the front lines with children and families.
Psychological “First Aid” is a set of skills to reduce the distressed children and/or their caregivers have from a traumatic event. This first aid, supported through training, is provided by individuals with experience with and understanding of children, good communication skills including reassurance and comfort, active listening so victims can voice their concerns and needs, and the ability to connect them to assistance most relevant and helpful to their needs.
Clarifying Traditional Authorities’ Involvement in CP and family welfare cases:
Traditional Authorities only help resolve situations when the Police and Social Welfare Officers do not necessarily need to be involved. Generally, this is with lower risk cases such as custody disputes or when a complaint to the Police is not filed and parties agree a situation can be handled
Social Welfare | Part Two 118 Part 2: Social Welfare without their involvement. This includes problems of juvenile activity. This involvement comes with a responsibility of knowing when the formal sector needs to be involved. Medium and higher risk cases should be case managed by Social Welfare Officers and, with Police involvement when there are potential crimes. Under no circumstances should a civil society leader be involved in concealing the perpetrator of a crime for the benefit of the individual or family. It is their obligation to assist victims to report alleged crimes, should they wish to do so, and use their power to prevent retribution or undue influence of perpetrators or their friends or families to stifle reporting of crimes by the victims. Traditional Authorities and other civil society leaders, if involved in mediation and restitution, should have a basic understanding of child protection and domestic violence laws and regulations of Ghana and abide by them accordingly.
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Section 3: Typologies and Pathways of Response to Different Categories of CP Cases57
Words matter because they affect how people conceptualise problems, prioritise issues, and forge responses. Inconsistent use of language and terms can lead to inconsistent responses to the same issue. Despite the existence of legal definitions for a number of CP/SGBV and family welfare issues/cases, there is still confusion surrounding the response by CP actors to these issues/cases due to the use of different terminology related to them. The Typologies and Pathways of Response Diagrams on child protection and family welfare case categories are therefore tools for caseworkers and administrators to help inform and guide casework and planning. They are to equip the social service workforce in the use of correct terminology, the ability to refer to the existing legal and best practice norms, and illustrate how cases move through the social service system across sectors to achieve results in protection and improvement in family wellbeing. This session discusses legal definitions of child protection, SGBV/DV cases and different categorizations of the types of CP cases as well as the pathways of response on the various categories of child protection and family welfare cases.
Facilitators’ Action a. Begin this session by reminding participants of the definitions of some key CP/SGBV and family welfare terminologies they learnt in Module One of Part One (on Crosscutting Issues) of this Manual. b. Add that as was mentioned, provision of the definitions is very important because it will help provide a form of standardization and a common level of understanding of how the key concepts are defined among all the key actors working in the specific areas. c. Inform them that this session on Typology which is a continuation is very important because it will provide the legal, policy and best practice foundations to each of these sets of case categories. This includes definitions of terminology based on the legal norms including the laws of Ghana, international conventions, and best practice resources. d. Add that the Typologies and Pathways of Response Diagrams on child protection and family welfare case categories are therefore tools for caseworkers and administrators to help inform and guide casework and planning. They are to equip the social service workforce in the use of correct terminology, the ability to refer to the existing legal and best practice norms, and illustrate how cases move through the social service system across sectors to achieve results in protection and improvement in family wellbeing. e. Inform the participants that Inter-Sectoral SOPs (ISSOPs) Typology Resource58 identifies eight (8) major case categories in child protection and family welfare according to the legal norms including laws of Ghana, international conventions, and best practice
57 Inter-sectoral Standard Operating Procedures (ISSOPs) for Casework and Management in Child Protection and Family Welfare, UNICEF Ghana in collaboration with Department of Children and Department of Social Welfare of the Ministry of Gender, Children and Social Protection, 2019 58 ibid
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resources as follows: •• Domestic and Gender-based Violence, including Sexual Abuse •• Adolescent Pregnancy and Child Marriage •• Child Labour, Trafficking •• Children in Conflict and Contact with the Law •• Children Outside of Parental Care •• Parentage, Custody, Access and Maintenance •• Social Protection and Other Similar Vulnerable Households •• Child Online Abuse f. Also add that even though each case category has different types of cases, they are clustered together due to having common legal, policy and best practice service norms. Also some types of cases, such as adolescent pregnancy and child marriage, and child maintenance and custody are categorized together because the risks and the responses are similar to each other. They are also together since they have common legal, policy and best practice norms. g. Ask participants to go to their five groups and give the legal definitions to the following types of Child Protection Cases indicating the laws from which they got the definitions. •• Group 1 – Domestic Violence and Domestic Relationship, Child Abuse and Indecent Assault •• Group 2 – Corporal Punishment •• Group 3 – Child Marriage/Forced Child Marriage and Abduction (including for cause of carnality and marriage •• Group 4 – Rape, Defilement of Child Under 16 Years of Age and Sexual Exploitation •• Group 5 - Procuration (including prostitution), Causing or Encouraging the Seduction or Prostitution of a Child Under Sixteen and Allowing Persons under Sixteen to be in Brothels h. Allow the participants about 20mins to finish their discussions and let each of the groups present their answers at plenary, allowing participants from the other groups to contribute after each group presents. Also use the information presented in the Facilitators’ Notes 2.3.3a - Typology/Different Categorizations of the Types of CP Cases to guide the discussions and presentations by the various groups. i. Let participants note that only the types of cases that belong to the Typology of Domestic and Gender-based Violence (including Sexual Abuse), have been presented in the group exercise they just completed and inform them that the definitions of the rest of the categories are presented in Appendix III B, C, D, E, F and G of the ISSOPs. j. As assignment for the groups ask them to refer to the said Appendixes for the ISSOPs for details
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of the rest of the definitions and present at plenary in the next 40mins as follows Group 1 - Appendix III C - Child Labour, Trafficking Group 2 - Appendix III D - Children in Conflict with the Law Group 3 - Appendix III E - Children Outside of Parental Care Group 4 - Appendix III F - Child Parentage, Custody, Access and Maintenance Group 5 - Appendix III G - Social Protection and Other Similar Vulnerable Households k. Allow the participants about 40mins to finish their discussions and let each of the groups present their answers at plenary allowing participants from the other groups to contribute after each group presents. Also use the information presented in the Appendix III B, C, D, E, F and G of the ISSOPs to guide the discussions and presentations by the various groups l. Continue the session by informing participants that the Typology for each case category also corresponds closely to Pathways reporting and response diagrams showing how cases proceed through the service and support system for child protection and family welfare. Accompanying the diagrams is a description of the Pathways. m. Present Power Point Presentation PT 2.3.3 - Pathways for Child Protection and Family Welfare Case Categories and use the key points listed in the Facilitators’ Notes 2.3.3b - The Pathways Response Diagrams to further explain the pathway diagrams allowing the participants to contribute to the discussions and ask questions and conclude the session.
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Facilitators’ Notes 2.3.3a - Typology or Categorizations of the Types of CP Cases
The Typology details the legal definitions, laws, policies, best practices and terms connected to each type of child protection case category. This resource helps the social services work force (SSWF) and other key stakeholders have a clear and common understanding of these details to better coordinate their work together. Note that only the types of cases that belong to the Typology of Domestic and Gender-based Violence (including Sexual Abuse), are presented in these notes. Please refer to the definitions in the Appendix III B, C, D, E, F and G for details of the rest
Typology 1 - Domestic and Gender-based Violence, (including Sexual Abuse) The following definitions of Domestic Violence and Domestic Relationship are from Sections 1 and 2 of the Domestic Violence Act, 2007
Domestic Violence and Domestic Relationship
Domestic violence means engaging in the following within the context of a previous or existing domestic relationship: a) an act under the Criminal Code 1960 (Act 29) which constitutes threat or harm to a person under that Act; b) specific acts, threats to commit, or acts likely to result in; i) physical abuse, namely physical assault or use of physical force against another person including the forcible confinement or detention of another person and the deprivation of another person of access to adequate food, water, clothing, shelter, rest, or subjecting another person to torture or other cruel, inhuman or degrading treatment or punishment; ii) sexual abuse, namely the forceful engagement of another person in a sexual contact which includes sexual conduct that abuses, humiliates or degrades the other person or otherwise violates another person’s sexual integrity or a sexual contact by a person aware of being infected with human immunodeficiency virus (HIV) or any other sexually transmitted disease with another person without that other person being given prior information of the infection; iii) economic abuse, namely the deprivation or threatened deprivation of economic or financial resources which a person is entitled to by law, the disposition or threatened disposition of moveable or immovable property in which another person has a material interest and hiding or hindering the use of property or damaging or destroying property in which another person has a material interest; and iv) emotional, verbal or psychological abuse namely any conduct that makes another person feel constantly unhappy, miserable, humiliated, ridiculed, afraid, jittery or depressed or to
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feel inadequate or worthless; c) harassment including sexual harassment and intimidation by inducing fear in another person; d) behaviour or conduct that in anyway i) harms or may harm another person ii) endangers the safety, health or well-being of another person, (iii) undermines another person’s privacy, integrity or security, or (iv) detracts or is likely to detract from another person’s dignity and worth as a human being.
Domestic Relationship
(I) A domestic relationship means a family relationship, a relationship akin to a family relationship or a relationship in a domestic situation that exists or has existed between a complainant and a respondent and includes a relationship where the complainant a) is or has been married to the respondent; b) lives with the respondent in a relationship in the nature of a marriage even if they are not or were not married to each other or could not or cannot be married to each other; c) is engaged to the respondent, courting the respondent or is in an actual or perceived romantic, intimate, or cordial relationship not necessarily including a sexual relationship with the respondent; d) and respondent are parents of a child, are expecting a child together or are foster parents of a child; e) language is missing in the act; (typo) f) and respondents are family members related by consanguinity, affinity or adoption, or would be so related if they were married either customarily or under an enactment or were able to be married or if they were living together as spouses although they are not married; g) and respondent share or shared the same residence or are co- tenants; h) is a parent, an elderly blood relation or is an elderly person who is by law a relation of the respondent; i) is a house help in the household of the respondent; or j) is in a relationship determined by the court to be a domestic relationship. (2) A Court shall in a determination under paragraph (i) of subsection (1) have regard to; a) the amount of time the persons spend together, b) the place where that time is ordinarily spent, c) the manner in which that time is spent, and d) the duration of the relationship.
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(3) A person is in a domestic relationship where a) the person is providing refuge to a complainant whom a respondent seeks to attack, or b) the person is acting as an agent of the respondent or encourages the respondent.
Child Abuse Children’s Act, 1998 - Contravention of the rights of the child which causes physical or mental harm to the child.
Corporal Punishment Ghana Criminal Code, 1960 - Section 41: Use of Force in Correcting a Child A blow or other force, may be justified for the purpose of correction, as follows by a father or mother, or person acting as a guardian to their child being under 16 years of age for misconduct or disobedience, however “no correction can be justified which is unreasonable in kind or in degree, regard being had to the age and physical and mental condition of the person on whom it is inflicted; and no correction can be justified in the case of a person who, by reason of tender years or otherwise, is incapable of understanding the purpose for which it is inflicted.”
Corporal Punishment in Schools The Ghana Education Service (GES) bans caning in primary and secondary schools. The GES in a statement signed in 2019 by the Deputy Director General, Anthony Boateng, says the ban affects both public and private schools in the country. The ban is aimed at promoting a safe and protective learning environment for children. “This is in view of the Positive Discipline Toolkit containing positive and constructive alternatives to correcting children developed in 2016 as a component of the Safe Schools Resource Pack.” The statement orders all schools to immediately adopt the toolkit together with alternative sanctions as measures for correcting pupils and students in schools. The tool explains, “apart from the physical pain corporal punishment inflicts on children, this approach (caning) also causes significant emotional damage. Some of the lasting effects of this method of disciplining school children include physical scars, emotional scars (trauma, fear, timidity etc.) and violent behaviour.”59
Child Marriage/Forced Child Marriage Children’s Act, 1998
59 Ghana Web January 19, 2019 Note that the Toolkit referenced in this section and a Safe School policy were not yet finalized at the time this typology was developed.
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Section 14: Right to refuse betrothal and marriage • No person shall force a child a) to be betrothed, b) to be subject of a dowry transaction, or c) to be married • The minimum age of marriage of whatever kind shall be 18 years
Section 15: Penalty
Any person who contravenes provision of this sub-part commits an offence and is liable on a summary conviction to a fine not exceeding c 5 million or a term of imprisonment not exceeding one year or both.
Criminal Code, 1960
Section 109: Compulsion of Marriage – Whoever by duress causes a person to marry against his or her will shall be guilty of a misdemeanour. Section 69: Female Circumcision –of any kind is a second-degree felony and liable on conviction to imprisonment of not less than three years.
Definition of Abduction (including for cause of carnality and marriage)
Section 92 (from the Criminal Code): (a) A person is guilty of abduction of a child who with intent to deprive any person entitled to the possession or control of the child or with intent to cause the child to be carnally known or unnaturally carnally known by any person; i) unlawfully takes the child from the lawful possession, care or charge of any person; or ii) detains the child and prevents the child from returning to the lawful possessions care or charge of any person; (b) A person is guilty of abduction of a female who, with intent to cause her to be married
Sections below are from Ghana Criminal Code, 1960, Chapter 6 – Sexual Offences
Rape
Section 97: Whoever commits rape shall be guilty of a first-degree felony and shall be liable on conviction to imprisonment for a term of not less than five years and not more than twenty-five years. Section 98: Definition of Rape –The carnal knowledge of a female of sixteen years or above without her consent.
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Defilement of Child Under 16 Years of Age Section 101: 1) For purposes of this Act defilement is the natural or unnatural carnal knowledge of any child under sixteen years of age. 2) Whoever naturally or unnaturally carnally knows any child under sixteen years of age, whether with or without his or her consent commits an offence and shall be liable on summary conviction to imprisonment for a term of not less than seven years and not more than twenty-five years. Section 106: An owner or occupier of a premises who induces or knowingly permits defilement on the premises is guilty of the same penalty. In Ghana, there is no “close-in age” exemption. If one child is 16 or 17 years of age and there is intercourse with another that is, say 15 and the act is done “willingly” by both parties, or between two adolescent children aged 15 or younger, technically this is defilement. However, when these situations come to light, prosecutions of these cases is rare and the situations are often resolved informally by stakeholders thinking at times, rightly or wrong, this is being done with the best interest of the children and families in mind.60
Indecent Assault Section 103: 1) Whoever indecently assaults any person shall be guilty of a misdemeanour and shall be liable on conviction to a term of imprisonment of not less than six months; 2) A person commits the offence of indecent assault if, without the consent of the other person a) forcibly makes any sexual bodily contact with that other person; or b) sexually violates the body of that other person in any manner not amounting to carnal knowledge or unnatural carnal knowledge.
Procuration (including prostitution) Section107: Whoever a) procures any person under twenty-one years of age, not being a prostitute or of known immoral character to have carnal or an unnatural carnal connexion in Ghana or elsewhere with any other person; b) procures any person to become a prostitute in Ghana or elsewhere; or c) procures any person to leave Ghana with the intention that the person becomes an inmate of a brothel elsewhere; or d) procures any person to leave his usual place of abode (not being a brothel) in Ghana with the intention that the person becomes an inmate of a brothel in Ghana or elsewhere for prostitution; or e) by threats or intimidation procures or attempts to procure any person to have any carnal or unnatural carnal connexion in Ghana or elsewhere; or) by false pretenses or false representations procures any person not being a prostitute or of known immoral character to have any carnal or unnatural carnal connexion in Ghana or elsewhere; or g) applies, administers
60 Source: http://www.ageofconsent.net/world/ghanaDraft legislation currently under consideration may be addressing close in age exemptions, also known as “Romeo and Juliet” laws.
Part Two | Social Welfare 127 Part 2: Social Welfare to, or causes to be taken by any person, any drug, matter or thing, with intent to stupefy or overpower the person as to enable any person to have a carnal or unnatural carnal connexion with the person shall be guilty of a misdemeanour.
Causing or Encouraging the Seduction or Prostitution of a Child Under Sixteen Section 108: 1) Whoever having the custody, charge or care of a child under the age of sixteen years causes or encourages the seduction, carnal knowledge or unnatural carnal knowledge, prostitution or commission of indecent assault upon the child shall be guilty of a misdemeanour. 2) For the purpose of this section, a person shall be deemed to have caused or encouraged the seduction, carnal knowledge or unnatural carnal knowledge, prostitution or commission of indecent assault upon a person if he knowingly allowed the person to consort with, enter or continue in the employment of a prostitute or person of known immoral character.
Allowing Persons under Sixteen to be in Brothels Section 273: Whoever, having the custody, charge or care of a child under the age of sixteen years, allows that child to reside in or frequent a brothel shall be guilty of a misdemeanour.
Sexual Exploitation
2009 Human Trafficking Amendment Act, Section 2 Exploitation shall include, at the minimum, induced prostitution and other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.
Criminal Offenses Amended, 2012, Act 849 Amended from the Criminal Offenses Act of 1960 (Act 29), Section 10IA inserted after Section 101
Definition of sexual exploitation (1) Sexual exploitation is the use of a person for sexual activity that causes or is likely to cause serious physical and emotional injury or in prostitution or pornography. (2) A person who sexually exploits (a) another person other than a child commits an offence and is liable on summary conviction to a term of imprisonment of not less than five years and not more than twenty-five years; or
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(b) another person who is a child commits an offence and is liable on summary conviction to a term of imprisonment of not less than seven years and not more than twenty-five years.”
Human Trafficking Prohibition, L.I. 2219 Protection and Reintegration of Trafficked Persons Regulations, 201561
In Ghana, sexual exploitation is defined as including the participation of a person in prostitution or other sexual acts, or the production of pornographic material as a result of being subjected to threat, force, intimidation or other forms of coercion or any other practice in terms of which that person’s participation is not voluntary.
Additional background information on sexual exploitation62:
In the context of trafficking, sexual exploitation takes many forms, including prostitution, pornography, exotic dancing, sex tourism, forced marriage, child sacrifice, and child brides. Victims can be men, women or children. A person’s initial consent to participate in prostitution should not be legally determinative: if they are thereafter held in service through psychological manipulation or physical force, they are trafficking victims and should receive benefits outlined in the Palermo Protocol and applicable domestic laws. Furthermore, a child’s participation in sexual exploitation is never voluntary and therefore a child victim of sexual exploitation is a trafficking victim.
61 As cited in Standard Operating Procedures to Combat Human Trafficking in Ghana, with Special Emphasis on Child Trafficking 2017 62 Op. cit. footnote 2
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Facilitators’ Notes 2.3.3b - The Pathways Response Diagrams
The Pathways Response Diagrams (in the PowerPoint Presentation) follow a consistent pattern for each case category as follows: • The diagrams move horizontally from left to right, as the case moves through the service and support system. • The ‘flow’ of the case starts with a column showing the entry point identification, or first report, of a child protection or adverse family situation, such as from the family of a victim, schools or the Helpline of Hope. • Every Pathways diagram identifies key stakeholders and their actions at various stages as child protection and family welfare cases move through the service and support system. Each service-providing sector is color-coded in the same way for each diagram as seen in the legend (refer to the legend diagram in the Power Point Presentation). • The first responders are next in the Pathways line. These vary according to the case category and degree of risk and vulnerability. The greater the urgency, the more the Police is involved as the first responders. The less risk, the more the institutions of civil society are initially responding to a case. • The next line of response is either an institution that is needed right away, such as a hospital or a shelter to protect a child or adult victim, and/or a Social Welfare Officer. SWOs become involved in a specific casework such as child maintenance or juvenile justice interactions with courts and probation. They also provide case management of medium and higher risk and vulnerability cases coordinating multidisciplinary approaches to benefit the victim, their families and mobilizing the community in support of cases. The Police and Judicial system still carry case responsibilities if there is criminal activity associated with the case. • The final column in the Pathways are the stakeholders at the community level providing services and support as, hopefully, the case is stabilized and the person is recovering from adversity and trauma. These are schools as children reintegrate health care, counseling, livelihoods development and other supports provided by stakeholders active in particular locations. • The Pathways also identify outcomes for cases, where risks are reduced, needs are met and outcomes are identified and case may be closed. Each Pathways Response Diagram is tailored to the specific case category and thus has unique characteristics. However, there is a general pattern for child protection and family welfare cases as described above and seen in the consolidated Pathways diagram that captures all case categories.
Additional key points for understanding the consolidated diagram are: • The entry points for identifying and reporting child protection situations are diverse, ranging
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from victims and their families to more formal institutions which need to have the skills and vigilance in identifying risk and reporting it to the appropriate authorities consistent with the ISSOP tools. • Depending on the risk level and type of case, the first responder will be either the Police, if there is a possible criminal offence, a Social Welfare Officer (SWO) if the case isnot necessarily criminal or responded to at the community level by other formal and informal stakeholders. The latter are lower risk cases that, at least initially, do not need the direct involvement of Police or DSWCDs. However, in these cases, the DSWCD is informed of casework by the ISSOP Notification and Update Form. • The community-level stakeholders like health centers, schools, NGOs, CSOs, Traditional Authorities or other institutions such as CHRAJ, may be able to successfully address the needs of a case and the case is then closed. • At the top of the diagram, as Police intervene in urgent situations of crimes including victims of any age affected by domestic and gender-based violence (DGBV), a SWO joins the case team as soon as possible and manages the social aspects of the case over the short to longer term as needed. Police interventions first ensure safety in a situation and facilitate case access to emergency medical treatment if needed. Police start the Medical Report process documenting abuse, violence and/or serious neglect. They carry on with their investigation as the case moves into the legal process, including prosecution, the courts and other Judicial Services as seen in the diagram. • Meanwhile, for medium and higher risk cases – or lower risk cases they are mandated to support, SWOs coordinate the service and support to children and other victims, and to children in conflict with the law and their families. The list of services to coordinate, across sectors and with a multi-disciplinary team approach, is seen in the diagram. Important child protection needs coordinated and/or monitored by SWOs with NGOs and other service providers include alternative care – especially shelters and other residential centers, facilitating necessary registrations, probation work, support in strengthening families including counseling, and reunification and reintegration of children and victims back into family environments and their communities.
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Session 4: Inter-sectoral Forms, Tools and Procedures for Casework and Management63
The inter-sectoral SOP tools and forms are the core resources to drive inter-sectoral casework and management collaboration in child protection and family welfare. They have been approved by government ministries and departments for use by the social service workforce. The forms and tools are not designed to replace existing resources if already being used and are effective. In these situations, stakeholders can adapt components of these resources to strengthen existing forms and procedures. This session is to introduce participants to the four SOP tools and forms as well as the procedures in using them and procedures in case information sharing within and between sectors.
Facilitators’ Action a. Before you start the session please make copies of the 4 Key Inter-sectoral tools/forms so they would be readily available at the point where the participants would have to try their hands on and practice the completion of the forms. Also make some case scenarios ready so they can use those case scenarios to complete the forms/tools. b. Introduce this session by dividing participants into 4 or 5 groups according to their institutions (e.g. Social Welfare and Community Development Officers in one group, Police in another etc.) c. Ask each group to mention/describe some of the forms they have been using in registering, referring and documenting CP/SGBV and family welfare cases within their institutions (using examples or case scenarios). Let them as much as possible scribble their responses on the flip chart so everyone can see and follow when they are presenting at plenary. Ask them to also talk about the procedures involved in the use of these forms and tools. d. Allow each of the groups to present the outcomes of their discussions at plenary and allow the other groups to ask questions and contribute to their presentations with examples, experiences and case scenarios. e. Use the key points in the Facilitators’ Notes 2.3.4 - Inter-Sectoral Forms, Tools and Procedures to introduce the Four Key Inter-sectoral forms and tools for CP/SGBV and family welfare casework and management and what they are used for. f. Present the PowerPoint Presentation PPT 2.3.4 - Inter-sectoral Forms, Tools and Procedures to describe the Four forms and tools as well as the procedures for their use in detail. g. Project the forms from the Appendix II of the ISSOP and as much as possible let the participants do a few minutes hands-on practicing trying to complete the forms using case scenarios.
63 Inter-sectoral Standard Operating Procedures (ISSOPs) for Casework and Management in Child Protection and Family Welfare, UNICEF Ghana in collaboration with Department of Children and Department of Social Welfare of the Ministry of Gender, Children and Social Protection, 2019
Social Welfare | Part Two 132 Part 2: Social Welfare j. Allow the participants to ask questions and also contribute to the discussions using example of cases during their line of duty and case scenarios. i. Conclude the discussions in this session by informing the participants that these inter-sectoral SOP tools and forms are the core resources to drive inter-sectoral casework and management collaboration in CP/SGBV and family welfare. They have been approved by government ministries and departments for use by the social service workforce. The forms and tools are not designed to replace existing resources if already being used and are effective. In these situations, stakeholders can adapt components of these resources to strengthen existing forms and procedures. If these resources are currently not in use, they are to be integrated into standard operating procedures for caseworkers and their administrators.
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Facilitators’ Notes 2.3.4 - Inter-sectoral Forms, Tools and Procedures64
The four tools and forms are for use by stakeholders in CP/SGBV and family welfare casework and are the core resources to drive inter-sectoral casework and management collaboration. • Every stakeholder should have capacity for early identification of risk and vulnerability, and the Household Early Risk and Vulnerability Tool provides guidance to this process. • The Notification and Update Form centralizes reporting of casework by stakeholders to enable child protection data collection and effective system planning for child protection and family welfare. • The Referral Form is a format stakeholders are to use for requesting assistance from another service provider. • The Risk and Vulnerability Assessment and Response Guide provides stakeholders a framework to prioritize and coordinate their work based on a determination of lower, medium and higher risk.
1. Early Identification of Risk and Vulnerability Many in the social service workforce, including paraprofessionals supporting human needs at the community level, visit households. These are visits for health, education, social welfare including LEAP and other purposes. When visiting households there is an opportunity to observe and closely interact within the social and physical situation of its inhabitants, and potentially identify issues of risk and vulnerability that might otherwise not be apparent outside the household. If identified and responded to early, risks and vulnerabilities can be prevented from escalating to more of an emergency. Earlier identification and response usually means the support comes at a lesser cost both financially and to the overall wellbeing of individuals. The response after identifying a need can be varied. The service provider can counsel the household during the visit. This may include encouraging members of the household to directly access a service themselves if this is a viable option, such as go to a CHIPS compound. Or the caseworker can report the risk/vulnerability to their supervisor and/or to another service provider to provide follow up. The Household Early Risk and Vulnerability Identification Tool (HERVIT) provides guidance to this process.
64 ibid
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Note that it is an official inter-sectoral standard operating procedure (ISSOP) for the social service workforce when conducting household visits to observe, assess and as necessary respond to child protection and other related risks and vulnerabilities to prevent these situations from escalating.
2. Notification and Update of Casework Quantifying the child protection and family welfare casework across sectors and service providers is essential for a properly functioning national system. Ghana is moving toward a future harmonized electronic inter-sectoral data gathering system. However, this is a complex process requiring capacity building including dependable technologies and a trained workforce to do this. Until this is operational, the ISSOP Notification and Update Form shall be by caseworker offices across sectors to gather and report data. Use of the form and management of the data provides the child protection and family welfare system with a more complete picture of the casework, including types of cases, occurring at national and subnational levels. The form is used for lower level risk and vulnerability cases, such as the services being led by Community Health Workers, Girl Education Officers (GEOs) Guidance and Counselling Officers. CHRAJ and Legal Aid caseworkers, and paraprofessionals involved in social service outreach and assistance/casework including Traditional Authorities and community leaders providing mediation and reinstitution services. It is important to note that notifying and updating DSWCDs on child protection and family welfare casework is an official inter-sectoral standard operating procedure for the social service workforce.
3. Referral Form and Process A referral is formal request for assistance to a case from one social service provider to another. A well-functioning referral system is vital and effectively coordinated inter-sectoral response system to child protection and family welfare situations. A referral form documents an official request for assistance. To be effective, referrals require clear communication and information sharing formats, including background on the case for assistance to be reasonably considered, time frames for response and feedback to the initiator of the referral. Remember that it is important to note that use of referrals is an official inter-sectoral standard operating procedure for the social service workforce to officially document and follow up on requests for assistance from one service provider to another to assist child protection and family welfare cases.
4. Risk and Vulnerability Assessment and Response Guide It is important for the stakeholders to use a common guide for assigning risk and vulnerability to cases to coordinate and prioritize inter-sectoral response to children in need of protection and
Part Two | Social Welfare 135 Part 2: Social Welfare related family welfare needs. The full Guide is organized into a matrix according to seven of the most common risk, vulnerability and need of child protection and related family welfare case categories. These are: • Domestic and Gender-based Violence, including Sexual Abuse • Child Labour, Trafficking • Children in Conflict with the Law • Adolescent Pregnancy and Child Marriage • Children Outside of Parental Care • Child Parentage, Custody, Access and Maintenance • Social Protection and Other Similar Vulnerable Households Because of their close association with each other some types of cases are combined into one case category – such as teen pregnancy and child marriage, child labour and trafficking, and different forms of violence and abuse. This is done, in part, because the risk and response frameworks are common to each other.
More will be discussed about risk and vulnerability assessment and response in the next session
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Session 5: Risk Assessment and Responsiveness65
Many in the social service workforce, including paraprofessionals supporting human needs at the community level, visit households. These are visits for health, education, social welfare including LEAP and other purposes. During these households visits by the social service workforce there is an opportunity to observe and closely interact within the social and physical situation of its inhabitants, and potentially identify issues of risk and vulnerability that might otherwise not be apparent outside the household. This session defines risks and vulnerability, the elements of risk, describes how to identify risks and vulnerabilities, how to assess the various levels of risks and how to respond early when identified.
Facilitators’ Action a. Begin this session by reminding participants that during the households visits by many in the social service workforce, including paraprofessionals supporting human needs at the community level, there is an opportunity to observe and closely interact within the social and physical situation of its inhabitants, and potentially identify issues of risk and vulnerability that might otherwise not be apparent outside the household. If identified and responded to early, risks and vulnerabilities can be prevented from escalating to more of an emergency and this usually means the support comes at a lesser cost both financially and to the overall wellbeing of individuals. b. Now ask participants to return to their 4 or 5 groups to discuss • what is risk and what are the elements of risks, • what is vulnerability and what is the difference between risk and vulnerability, • whose responsibility is it to identify risks and how are they responded to • why is early identification of risks and vulnerabilities important c. Allow the groups to present the outcomes of their discussions in plenary and allow the other groups to ask questions and contribute to the discussions by each group. d. Use the key definitions presented in the text box below and the Facilitators’ Notes 2.3.5 - Risk Assessment and Responsiveness to firm up the discussions and conclude the session by discussing with them the Risk and Vulnerability Assessment and Response Matrix in Appendix III of the ISSOPs
65 Inter-sectoral Standard Operating Procedures (ISSOPs) for Casework and Management in Child Protection and Family Welfare, UNICEF Ghana in collaboration with Department of Children and Department of Social Welfare of the Ministry of Gender, Children and Social Protection, 2019
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Key Definitions •• Risk is the potential for harm to occur, such as abuse, child marriage or illness. •• Vulnerability is a weakness or gap in protection like a young child unattended at home and thus vulnerable to accidents. •• Threat is what we are trying to protect against; such as a predator or hunger. •• Prevention is reducing risk. Examples are community awareness raising on the rights of children leading to changed parenting practices or strengthening family income to lower the risk of child labor or marriage. •• Needs are what is essential for human wellbeing such as food, safety, education, health care, livelihoods and care. •• Response is supporting what is necessary to lower risks, fill vulnerability gaps and meet needs. •• Being safe means there are no present or imminent threats assessed for a child where they reside, and the caregivers can manage threats if they occur. Being unsafe is the lack of this, and outside assistance or intervention is required.
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Facilitators’ Notes 2.3.5 - Risk Assessment and Responsiveness
Risk Levels The issue of safety runs through all the risk levels. Safety assessment is based on three fundamental questions: •• Has the child been recently maltreated, is the child currently being maltreated or is the child at risk of imminent harm? •• What additional family and environmental factors may increase the likelihood of harm in the short term? •• Are there strengths and protective factors in the family that can lower risk of and/or actual maltreatment and assure the child’s safety?
Level 1 - Higher Risk: Requiring Safety and Urgent Response The highest risk involves immediate and urgent safety and health concerns of a child. This starts with reporting a situation immediately, and the stakeholder on the scene mitigating the risk, if possible, and getting a CP Pro involved right away. This usually is the DOVVSU Police Officer and a Social Welfare Officer from the DSWCD, or the GBV Focal Person if a child is brought to the health centre. The Police or Doctor at a hospital, follows their own initial assessment procedures and makes sure the child is safe and the immediate health needs are being responded to. A more comprehensive assessment, including one by the Social Welfare Officer will occur later after the immediate risk and need is dealt with, based on strengths and needs as reflected in a case management process. Cases are considered urgent when the protection risks pose a serious threat to life and health. Cases are urgent when they are time critical. This includes not just safety, health, shelter and psychosocial support, but also the opportunity to document circumstances such as forensics of abused children and locate families or caregivers when a child is lost or abandoned. Across the case categories, this often means removing the child from the danger if possible with the help of Police, moving the child to a medical facility if there is an emergency medical concern and placing a child with a “fit person” (including a shelter) that can provide safety, care and shelter for the child. It may also mean arresting a perpetrator to a crime to reduce the threat. Some higher risk cases may require planning for response, such as a human trafficking case in dire need of assistance, but the rescue operation may need more time to plan and arrange a successful intervention. This may include a rescuer facing a dangerous situation.
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Remember that Higher Risk cases are to be reported immediately and responded to by a CP professional within 24 hours - the timing for the response is based on the situation.
Level 2 - Medium Risk: Requiring Response over the Short Term without Delay Medium risks are situations when a child is not in immediate danger and the child is assessed as being able to remain at home or their current location over the next week without significant harm or change in their existing condition. A medium risk case usually means there is an initial direct assessment of a child or family or household situation and at least some support and services are initiated at this time. An example of a medium risk case, is if there is a report that a child may be married shortly, the response needs to occur within a week, domestic violence is occurring in a family but the complaint is not urgent with immediate health and survival at risk, or there is a child labour where a child is not attending school as a result, but the work situation is not so urgent their health is at risk. Remember that Medium Risk cases are to be reported and receive confirmation within 48 hours. The CP Professional’s response is within one week’s time.
Level 3 - Lower Risk: Requiring Services and Support Lower risk cases are defined as children whose basic safety and health needs are at least minimally being met and are not expected to change over approximately a month’s period of time. However, their longer-term wellbeing and rights are at risk if support is not provided. Though identified as a lower risk, a response is required by the child protection and family welfare system. In other words, within the timeframe for lower risk cases, the response is not optional or conditional – there is a responsibility to respond. Many, if not most, lower risk cases will have the first and on-going direct involvement of caseworkers and stakeholders at the community frontlines, such as those in school and health centers, and KSCPs. This occurs through home visits, meetings at local institutions, mediation, counseling, and assistance in key services. Examples include securing birth certificates, health insurance, receiving maternal and child health, improving neglectful care for children at home, mediating petty crimes by juveniles, greater participation of children in school, preventing child marriage and reducing some harmful forms of child labor. Remember that Lower Risk cases require notification to DSWCD within one week, response underway by the SSWF Professionals or Key Stakeholders in Child Protection (KSCP) within a month. Referrals to CP Pro or SSWF Pro responded to within 2 weeks, and support begins within a month – the timing depending on the situation.
The casework is documented on the ISSOP Notification and Update Form provided to DSWCDs. Sometimes lower risk casework requires formal referrals to the department for help and to DOVVSU to assist as the risk or need escalates. The final column in the Guide identifies the outcomes in response in terms of improvement in the wellbeing of the case. This corresponds to risk reduction
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Level 4 -Risks Reduced and Needs Met - Results and Outcomes This is the point where the wellbeing outcomes for children and families are achieved resulting from the response activities. This corresponds to risk reduction and short or longer term needs being met in cases, and possible case closure.
Remember to project the Risk and Vulnerability Assessment and Response Matrix in Appendix III of the ISSOPs
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Session 6: Case Information Sharing Within and Between Sectors66,67
As information is shared within the social service workforce to coordinate effective responses to child protection and family welfare cases, care must be taken for protection of personal data and confidentiality. This session discusses the key content of the Protocol for Inter-sectoral Data Protection and Information Sharing with regards to the principles guiding case information sharing within and between sectors as well as confidentiality based on “need to know” in case management. The session also discusses the importance of documentation, record keeping and reporting as part of the case management process.
Facilitators’ Action a. Introduce this session by summarising the introduction above. Mention that because case referral and the coordination of effective responses to CP/SGBV and family welfare cases within the social service workforce requires the sharing of information, care must be taken for protection of personal data and confidentiality. Also inform participants that documentation, record keeping and reporting are very important part of the CP and family welfare case management process. b. Ask participants to return to their groups and discuss what are: • the “need to know principle”, • Safeguarding procedures • Confidentiality • Other principles and procedures, laws and policies that come into play when considering sharing of information or data during the process of CP and family welfare case management. Remind them to capture their responses and the outcomes of their discussions on a flip chart. c. Allow the groups to present their responses at plenary and let the other groups ask questions and contribute using examples and case scenarios. d. Use the information and key points in the Facilitators’ Notes 2.3.6a - Information Sharing to Protect Personal Data and Confidentiality to firm up the discussions. Also ensure to mention to participants that there is a Protocol for Inter-sectoral Data Protection and Information Sharing (found in the Appendix) which is a framework to do all the above, and an integral part of the ISSOPs and share key highlights of the Protocol with them.
66 The Inter Agency Guidelines for Case Management & Child Protection, The Role of Case Management in the Protection of Children: A Guide for Policy & Programme Managers and Caseworkers, January 2014 67 Inter-sectoral Standard Operating Procedures for Casework and Management in Child Protection and Family Welfare, UNICEF Ghana in collaboration with Department of Children and Department of Social Welfare of the Ministry of Gender, Children and Social Protection, 2019
Social Welfare | Part Two 142 Part 2: Social Welfare e. Now ask participants what is documentation, record keeping and reporting and why they are important with respect to the CP/SGBV and family welfare case management process. Please capture the responses on the flip chart and allow the participants to discuss extensively with questions, contributions and examples. f. Use the key points and information presented in the Facilitators’ Notes 2.3.6b - Documentation, Record Keeping and Reporting to ensure the key points are mentioned. g. Ask participants to describe some of the measures they have put in place as CP and family welfare service providers to ensure proper documentation, record keeping and reporting as they deliver services. Whether there is a CP and family welfare information management system and if there is none, what can be done to set one up. Capture their responses on a flip chart, allow other participants to ask questions for clarification and conclude the session.
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Facilitators’ Notes 2.3.6a - Information Sharing to Protect Personal Data and Confidentiality
Data Protection Data protection relates to the protection of all personal data collected, either through individual interviews or other means, including the receipt of secondary data from known or unknown sources. Agencies involved in case management must develop data protection protocols based on the principles of confidentiality and “need to know”, with the ultimate aim of safeguarding the best interests of the child. Data protection protocols serve as a guide for what information to collect; how the information will be used; and how the information will be stored. Legal provisions within the country and case-specific protection concerns may determine how long information is stored. In cases that involve adoption or alternative care arrangements, information may need to be stored long after case closure.
Information Sharing As multiple agencies or government departments are working together to address the needs of children, through the provision of multiple services and referral pathways, it is essential to also develop agreed information sharing protocols, which define what information about the children should be shared; when and with whom. How this information will be shared; verbally, electronically or through a paper system, also needs to be defined with appropriate procedures to ensure that the confidentiality of the child is protected and respected at all times.
Safe Working Practices
Child Safeguarding Procedures Each agency should have its own child protection policy that outlines what steps the organization will take to protect children from harm and respond to protection concerns. At minimum, the agency should have codes of conduct in place for staff, including expectations about reporting concerns, and data protection protocols. It must be ensured that caseworkers sign up to these commitments and understand the implications for their work.
Mandatory Reporting When setting up case management processes, or indeed in child protection programming more generally, it must be ensured that the agency and staff understand national mandatory reporting laws and policies, and how they are practiced or followed. This information will directly impact how the caseworker explains these rules and regulations to the child and family.
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In some settings, particularly humanitarian ones, there are situations where technically, a mandatory reporting law exists, yet the security situation is extremely unstable and/or dangerous and following the legal requirements for reporting could actually put a child at further risk of harm. In such situations, the best interests of the child must be the primary consideration. The agency would need to determine to whom staff members should report cases that fall within mandatory requirements and the chain of supervision for reporting. The agency may choose to make reporting of certain child protection concerns mandatory in line with your child protection policy/code of conduct for staff. The Protocol for Inter-sectoral Data Protection and Information Sharing (found in the Appendix) is a framework to do all the above, and an integral part of the ISSOPs. • The Protocol provides principles, and procedures for the collection, use and sharing of personal data and confidential information on children, their families and care givers (collectively referred to as “clients” in the Protocol). • It is in conformity with Ghanaian laws and internationally recognized best practices. • The Protocol lists key articles in Ghana’s Data Protection Act, 2012 (Act 843) of particular relevance to the social service workforce. • It also lists with a brief description, a variety of personal data and confidential information standards and guidelines as found in other Ghanaian Acts, policies, standard operating procedures and similar resources. These have greater articulation tailored to the specific mission and activities of agencies and institutions associated within a specific sector. The Need to Know Principle limits information considered sensitive. Information is shared only with individuals requiring information to protect the client, practitioner and with as few individuals as possible. Confidentiality is in the “best interest of a child” or another client when it prevents the misuse of information about them for purposes beyond their control, including those leading to their exploitation, stigmatization and abuse– either intentionally or unintentionally. It also helps to ensure that their views and opinions are always heard and respected. Respecting confidentiality requires service providers to protect information gathered about clients and to ensure it is accessible only with a client’s explicit permission, or without their permission consistent with the laws of Ghana. The limits to confidentiality must be explained to children, parents or caregivers in an informed consent or assent processes. An Informed Consent Form is included in the appendix for situations when it is important for the client to acknowledge how information will be shared. Supervisors and caseworkers work together to take decisions in such cases where confidentiality needs to be broken, consistent with Ghanaian laws and policies. Service providers should not reveal children’s names or any identifying information to anyone not directly involved in the care of the client. This means taking special care in securing case files and documents and avoiding informal conversations with colleagues who may be naturally curious and interested in the work. The Protocol does not exist to replace already existing data protection and confidentiality policies
Part Two | Social Welfare 145 Part 2: Social Welfare and procedures in use in specific sectors, professions or institutions. They exist as a framework for institutions that do not already have a framework, and also to build confidence among stakeholders that when client information is shared it will be suitably protected. The Protocol must be read, understood through training and an agreement signed by persons handling personal data and confidential information, and an obligation to uphold principles and procedures is integrated into staff contracts. The agreement is based on 20 requirements for the ethical use, protection and confidentiality of personal data and sensitive information. Examples include: • Preventing use of information to discriminate or take advantage of a client for personal gain • Procedure for when information is sought by the media or other public source • Safe storage of information, both in hard and electronic formats • Transferring information in hard and electronic formats • Establishing a focal point in institutions to safeguard and help build capacity, including training in data protection and confidentiality • Consent and assent of clients in the use and sharing of information, and client rights to access and review information • Use of original vs copies of official documents
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Facilitators’ Notes 2.3.6b - Documentation, Record Keeping and Reporting68
Documentation is the process of collecting and storing information specific to individual children and their families, including information that the child and family provide directly as well as any information collected indirectly.
Importance of Files and Records While government departments or international agencies may be collecting and storing documentation, they are doing so on behalf of children and families. This information belongs to the children and families concerned and they are entitled to see their case files. This will need to be done in a sensitive manner as it may be upsetting for the child. It may also be necessary to screen files to ensure that confidentiality of others mentioned in the files is not broken. • Caseworkers, agencies and government departments are the custodians of the child’s information and have the responsibility to protect it on behalf of the child. • Caseworkers should be encouraged to write case notes and complete other documentation (such as forms) with care and accuracy. Case notes should be based on fact and professional judgment rather than on personal bias. Language that is dismissive, judgmental, or offensive should be avoided. The information collected about the children belongs to the children themselves, and they should have access to review and read the information at any time as part of their meaningful participation. • Proper documentation facilitates effective and accountable case management. Good record keeping is a professional and ethical responsibility, and in some countries a legal obligation. • The development and use of case management forms supports the documentation process. Where possible, forms should be standardised within and across agencies and sectors as this helps ensure uniformity in documentation across the entire caseload and facilitates more effective information sharing (refer participants to the Four ISSOP Forms and Tools discussed in Session 4 above). The use of these forms and tools should under no circumstances delay the registration process for children at risk or in need of services and support. • Standardized data collection processes enable programme staff to aggregate (or disaggregate) data to track trends. This information can then be used to support planning and decision-making.
68 The Inter Agency Guidelines for Case Management & Child Protection, The Role of Case Management in the Protection of Children: A Guide for Policy & Programme Managers and Caseworkers, January 2014
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Record Keeping Records should be kept in a way that is confidential and in line with ethics, law and confidentiality principles (as mentioned in Facilitators’ Notes on Information Sharing to Protect Personal Data and Confidentiality above). At minimum, there should be: • A separate case file for each child that is well-organised with key information presented in a standard, structured way; • A code (that does not identify the child) allocated to each case file and marked on the front of the case file (names should not be recorded on the front of case files). This supports confidentiality and tracking of individual cases. A list which links the case file codes with the children’s names should be stored in a different location from where the files are stored. This code can also be used when saving word documents and sending emails related to the case. • An updated record placed on the file for each activity that occurs. This can either be a direct contact, such as when a family is visited or indirect, for example if the teacher calls into the office to discuss how things are going in school. • A separate section of each file marked ‘strictly confidential’ to store information that is particularly sensitive and cannot be shared with certain actors should be included • In addition, files should be kept in a secure location, with restricted access, such as a locked filing cabinet and there should be a separate filing system for highly sensitive files and instructions to destroy files in the event of evacuation. • Case file audits can be used to check for breaches of data protection and information sharing protocols.
Databases As part of the assessment of the case management context, you should identify the case management databases that are already operating within your own agency, and other agencies in the country and explore options for using the same database or linking with them. It is important to distinguish between registration databases (for record-keeping only) and case management databases (for documenting and managing case flow). Where databases are used for case management they should: • Be adapted to the case management process • Enable time frames for individual cases to be set and tracked • Be harmonised through the use of standard forms to enable common statistics to be generated and facilitate inter-agency referrals. • Support caseload management through caseload review and allocation of cases to individual caseworkers. • Be supported by appropriately skilled data entry and data management staff. The number of
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data entry staff often depends on the capacity of the staff to use computers and technology. • Staff responsible for data entry and management should be fully integrated into the child protection team and included in child protection training and capacity-building activities to ensure they understand child protection concerns and response processes, and especially data protection/confidentiality issues (an example is the M&E System for the CP Toolkits managed by the Ghanaians Against Child Abuse (GACA) Secretariat at the Department of Community Development, Headquarters/National Director’s Office). While a case management database is recommended where there is likely to be a high volume of cases to cope with the amount of information, databases alone do not result in effective case management. What is needed is a system for recording information, tracking cases and tasks. This can also be done through good paper records and a simple spread sheet. You need to make sure that you remember that the database is a tool to support the case management, not case management itself.
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Session 7: Well-being and Positive Outcomes of Effective Case Management69
Wellbeing and positive outcomes of effective case management stem directly from establishing the goals in how wellbeing will be improved as a result of casework, including psychosocial counselling for those at risk as well as those exposed to or affected by risks. Wellbeing outcome is a monitoring and evaluation term describing measurable changes resulting from services and support to beneficiaries to improve their quality of life. These are the sustainable changes in a child’s life that a caseworker would be looking for in order to close a case. This session discusses with participants the wellbeing and positive outcomes expected from effective and timely response and management of CP/SGBV and family welfare cases.
Facilitators’ Action a. Begin this session by pairing participants and ask them to turn their backs to their partners. Ask them to change one element of their appearance or clothing without their partner seeing (e.g. roll up a sleeve or open a button, etc.). Ask them to turn to each other and ask their partners to guess what has been changed. b. Inform participants that the purpose of this exercise is to remind them that change is very important in CP case management and a case worker has to be very vigilant in order to observe some of the changes that are not tangible and hence cannot be counted. c. Continue by informing participants that a very important part of casework and management is wellbeing or positive outcomes and the discussions for this session will be focusing on the wellbeing outcomes of the various CP/SGBV and family welfare cases. d. Ask them what they understand by Wellbeing Outcomes (capture the responses on the flipchart) and after a few responses use the key points in the Facilitators’ Notes 2.3.7a - Wellbeing Outcomes in Effective and Responsive CP/SGBV and Family Welfare Casework and Management to discuss further the definition and meaning of wellbeing outcomes in casework and management. Ensure to use the definition in the text box to emphasize that Wellbeing Outcome is a monitoring and evaluation term describing measurable changes resulting from services and support to beneficiaries in order to improve their quality of life. These are the sustainable changes in a child’s life that a caseworker would be looking for in order to close a case. e. Now divide the participants into five groups and ask them to discuss the wellbeing outcomes of the categories of CP and family welfare cases (using case scenarios) as follows • Group 1 – to discuss and list wellbeing outcomes for cases of Domestic and Gender- based Violence, including Sexual Abuse, Teen Pregnancy and Child Marriage
69 Inter-sectoral Standard Operating Procedures for Casework and Management in Child Protection and Family Welfare, UNICEF Ghana in collaboration with Department of Children and Department of Social Welfare of the Ministry of Gender, Children and Social Protection, 2019
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• Group 2 – to discuss and list the wellbeing outcomes of cases of Child Labour, including Worst Forms of Child Labour, and Trafficking • Group 3 – to discuss and list the wellbeing outcomes for cases of Children in Conflict and Contact with the Law/Juvenile Justice • Group 4 – to discuss and list the wellbeing outcomes for cases of Children at Risk of or Being Outside of Parental Care and Child Maintenance and Custody • Group 5 – to discuss and list the wellbeing outcomes for cases of LEAP and Other Similar Vulnerable Households f. Allow all the groups to present the outcomes of their discussions in plenary with examples and case scenarios and use the list of wellbeing outcomes for the various categories of CP cases provided in the background notes to firm up the discussions. g. To conclude the session, ask participants what they think are some of the barriers and bottlenecks to giving and receiving services and support, using the points in Notes 2.3.7b- Barriers/Bottlenecks to Providing and Receiving Services to add to the points raised.
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Facilitators’ Notes 2.3.7a - Wellbeing Outcomes in Effective and Responsive CP/SGBV and Family Welfare Casework and Management
Wellbeing is defined in the dictionary as the state of being comfortable, healthy, or happy. Feelings of wellbeing are fundamental to the overall health of an individual, enabling them to successfully overcome difficulties and achieve what they want out of life. Well-being is a positive outcome that is meaningful for people and for many sectors of society, because it tells that people perceive that their lives are going well. The forms and tools in the ISSOP provide a basis for documenting well-being outcomes for children and families receiving social services. Wellbeing outcomes stem directly from establishing the goals in how wellbeing will be improved as a result of casework. They are indicators of when risks have been reduced, vulnerability gaps closed, needs met, and cases can potentially be closed. There is an opportunity to document wellbeing outcomes through the case planning and coordination process, and this can also be the rationale for case closure due to achieving results in protection of children and improving family welfare. Wellbeing outcomes must be clearly defined to properly account for them. This includes establishing parameters such as how long a state of wellbeing needs to exist to count as a successful outcome. An example is the outcome from services leading to a child no longer engaged in hazardous labour and having returned to school. Another important parameter is whether a successful outcome can be attributed to the interventions of the social service workforce. Generally speaking, there are many reasons for successful outcomes, but as long as the service provider contributed to the outcome, it can be counted as a result indicator. The child protection and family welfare system can begin a process of documenting wellbeing outcomes, as data becomes available through the ISSOPs and collaboration is strengthened. This comes from a standard set child protection and family welfare data documented through early identification of risk and vulnerability, notification and updates of casework, referrals, and use of the same guide across sectors for assessing risk and vulnerability of a common set of case categories to respond to and document results. Wellbeing Outcome - a monitoring and evaluation term describing measurable changes resulting from services and support to beneficiaries in their quality of life. An example of outcome is nutritional support resulting in a child no longer being malnourished or an out of school child now back in school regularly due to efforts of school staff and counselling of parents. Impact is more system-wide change. An example is if child marriage is reduced in a region due to an awareness campaign and livelihood support to families. An indicator is anything that can be counted in a reliable way. This includes an outcome like how many out of school children are returned to school or something as simple as how many “yes’s” or “no’s” have occurred on planned activities.
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A system for identifying and documenting wellbeing outcomes requires development of additional specific tools for measuring results and should be phased in as an integral part of theISSOP for child protection and family welfare. An important example is how to determine if there is improvement in mental health through counselling and provision of psychosocial support. Tools for this which exist globally and can be applied to Ghana’s child protection and family welfare monitoring and evaluation environment. They need to be simple yet evidence tested as accurate measuring mechanisms. Some of the data can be collected through the ISSOP forms and tools and this will inform development of an outcomes framework.
Some examples of wellbeing Outcomes The examples of wellbeing outcomes occurring through casework and management, mostly reported anecdotally in Ghana have been grouped according to the Seven Typology categorizations in the ISSOPs for uniformity as follows.
Domestic and Gender -based Violence • Child returns home and/or is living in a safe home environment • Child is in safe long term alternative care environment • Perpetrator is found guilty of the crime; justice is served • Child regularly attending school after abuse • Child receiving regular counseling and psychosocial health improved • Corporal punishment has abated, positive parenting is occurring • Perpetrator is found guilty of the crime; justice is served • Child regularly attending school • Child attains basic education • Child receiving regular counseling and psychosocial health is improving • Corporal punishment has abated, positive parenting is occurring • Emotional violence has abated, positive parenting is occurring • Factors causing the emotional harm have been addressed, more positive parenting occurring • Schools are safer • Neighborhoods are safer • Mental health is improved, though child is regularly monitored • Self-harming has stopped
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Adolescent Pregnancy and Child Marriage • A key outcome for these cases is children returning and remaining in school and achieving at least basic education • Mother and newborn baby are healthy • Report of pending child marriage is prevented • Parents/caregivers have more secure livelihoods or social protection, preventing child labor and trafficking, meaning socio-economic improvement in household
Child Labour, Worst form of Child Labour (WFCL) and Child Trafficking • The child is rescued • Child is no longer engaged in WFCL or hazardous labour • Child is reintegrated or reunified into local community or with family or into alternative care • Child receives vocation training certificate and is employed in safe responsible livelihood consistent with the laws • Parents are in more secure livelihoods or social protection to prevent child labour and trafficking • Psychosocial health is improved • Child is back in school and retained there for at least two consecutive terms and enrolled in a third • Employers have ceased illegal child labor practices • Child traffickers and employers of WFCL facing criminal penalties including jail and fines
Children at Risk of or Being Outside of Parental Care (COPC), including Alternative Care and Abandonment • Child presented to shelter or RHC receives gatekeeping services to prevent institutionalization or returns to home in a short period of time to adequate family care • Child in temporary care of licensed quality shelter or RHC • Child’s medical situation stabilized • Child in family-based alternative care: formal foster care or kinship care assessed to be safe and meeting child’s needs • Child regularly attending school, if necessary, with inclusive/special education plans to meet needs
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• Youth successfully transitioned into semi-independent living or independent living • Child successfully re-unified with family or close kinship and/or guardianship arrangement after longer term period • Children are successfully adopted, nationally and inter-country (meaning post placement reports indicate wellbeing of child, attachment and placement)
Maintenance and Custody (M&C) • Successful mediation reduces family conflict • M & C agreements are concluded and are being followed in child’s best interest • Risks reduced and basic needs strengthened due to M&C support & case management services, including stronger socio-economic position of caregiving family, and improvement in children’s health, schooling and/or safety. • Successful enforcement of actions against negligent parent
Juvenile Justice • Successful diversion from criminal justice system • Successful completion of probation period • Successful community reintegration after remand or correctional facility • Successful reunification with family or relatives after remand or correctional facility • Completion of vocational training and certification • Completion of basic education • Improved psychosocial wellbeing of juveniles and parents/guardians Traditional Authorities and other local leaders work with DOVVSU and other stakeholders such as Community Development Officers and FBOs, on-going law and order issues involving juveniles in their communities such as alcohol and drugs, gangs and the presence of dance and internet clubs where wrong doings may be occurring. Reduction of incidences of juvenile activity of this kind is a successful impact of these efforts.
LEAP & Other Significantly Vulnerable Households 1. Children have parental or guardian presence at home to ensure their safety, health and emotional wellbeing 2. Strongly tied to LEAP and other similar vulnerable families are: • Children regularly attending school
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• Children enrolled in school at the right age • House member have valid NHIS cards • All routine preventive health services updated • All household members, especially children have birth certificates • Nutrition and other health situations are improved and meeting acceptable standards • Livelihoods are improved so children and family members are healthy and all children are in school
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Facilitators’ Notes 2.3.7b - Key Barriers/Bottlenecks to Providing and Receiving Services
MMDAs, through their stakeholder coordinating committees, plan for and build capacity in prevention and response to child protection and family welfare in their jurisdictions. Identifying and overcoming barriers and bottlenecks that limit responsiveness in services and support to vulnerable populations are very important responsibilities of the MMDAs to this process. Barriers and bottlenecks will make it very difficult to achieve the wellbeing outcomes tied to the Risk and Vulnerability Assessment and Response Guide. Two pervasive, on-going and systemic bottlenecks that reduce responsiveness in child protection and family welfare identified by stakeholders are: a. The lack of transportation for both victims who cannot afford it, and for caseworkers in pursuance of their casework responsibilities.
b. Providing financial resources to pay for the costs of medical reports from health centers and representation by medical staff in courts to provide evidence for criminal abuse and violence. Without this support, these medium and higher risk cases get drawn out and tend to be dropped by the victims and the courts. Justice is not served and communities are less safe. Bottleneck reductions to strengthen responsiveness in child protection casework: • MMDAs, Police and other government agencies review, allocate and set aside sufficient resources for transportation needs of caseworkers and victims – both financial and prioritization in use of vehicles to be responsive to the needs of the vulnerable populations they are assisting, particularly with medium and higher risk and vulnerability cases. • Medical services for victims of abuse and violence are not to be held up due to an inability of a victim to pay, in emergency situations or otherwise. Medical reports and use is a key inter-sectoral effort with Police starting the medical reports, SWOs filing waivers for victims not able to afford expenses and hospitals securing reimbursement of its costs from the NHIS, the national Domestic Violence Fund or from contingency funding set aside by the MMDA for these needs.
It should however be noted that each MMDA will have bottlenecks and challenges specific to their own areas. The inter-sectoral child protection coordination committee can help Assembly members and civil service leadership identify these bottlenecks for them to develop the local policies and ordinances and allocate necessary resources to overcome them for effective response and positive wellbeing outcomes.
Barriers to seeking help or accessing services by victims or their families Findings from the 2016 Domestic Violence Study suggest that individuals who experience domestic violence for example, only resort to external help in extreme circumstances, and that domestic
Part Two | Social Welfare 157 Part 2: Social Welfare violence may still be considered largely a private matter. Other factors for not accessing services include: • Low levels of trust in the services including the cost of services, lengthy delays in the handling of cases, and corruption. • Lack of resources by DOVVSU with poor help from the district was also mentioned in the study: • Furthermore, distrust of and poor experiences with state authorities and public services contribute to not seeking help
The way survivors of CP/SGBV and family welfare cases are handled determines whether or not they will use existing state institutions or encourage others to do so.
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MODULE 4 – SEXUAL AND GENDER-BASED VIOLENCE CASE MANAGEMENT
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MODULE 4: SEXUAL AND GENDER-BASED VIOLENCE CASE MANAGEMENT
Sexual and Gender Based Violence (SGBV) is the umbrella term for various forms of violence that are perpetrated against a person’s or group of people’s will because of their gender. SGBV can be violent acts or threats of such acts and can occur in both private and public life. It involves a wide range of human rights violations. Equipping Social Welfare Officers and Community Development Officers as well as other CP actors with knowledge and information on SGBV issues, what the law says about it and how to manage SGBV cases is therefore very important as part of the efforts to reduce or eliminate all forms of SGBV. This module focuses on the different forms of SGBV and their related issues such FGM/C, domestic violence, sexual harassment and sexual abuse, child marriage and other negative/harmful religious, traditional and cultural practices etc. their causes, effects or impact on the child, family and community as a whole as well as how to prevent them. The module also delves into how to manage such cases in the best interest of the child.
This module has five (5) sessions and they are: Session 1: What is Sexual and Gender Based Violence and the Different forms of SGBV Session 2: Impacts of Some Harmful Cultural, Religious and Traditional Practices Session 3: Sexual and Gender Based Violence (SGBV) Case Management Session 4: Child Marriage, Why it occurs in Ghana and the Negative Impacts Session 5: Teenage Pregnancy - Risks Factors and Harmful Effects
Learning Objectives: By the end of this module, participants would be able to: • Explain what is sexual and gender-based violence (SGBV) and list some different forms • List some SGBV concerns associated with religious, traditional and cultural practices, including female genital mutilation/cutting (FGM/C) and their effects on the victims, • Describe how to manage SGBV cases • Explain what child marriage is and how it occurs in the context of Ghana; • Describe the negative impacts of child marriage on adolescent girls, their families and communities; • Describe what needs to be done to end child marriage; • Understand teenage pregnancy in Ghana, its risk factors and negative consequences • Reflect on the value and importance of investments in the development, protection and wellbeing of adolescent girls in Ghana
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Estimated time: 3 hours
Materials PowerPoint Presentations Facilitators’ Notes Flip Charts Markers of different colours Masking Tape VIPP Cards LCD projector Laptop Computer
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Session 1: What is Sexual and Gender Based Violence and the Different forms of SGBV
Sexual and Gender Based Violence (SGBV) is the umbrella term for various forms of violence that are perpetrated against a person’s or group of people’s will because of their gender. All the forms of sexual and gender-based violence against girls, women, boys and men are violations of human rights and are crimes under international human rights laws and the laws of Ghana. This session lists and describes the different forms of SGBV, provides some statistics on GBV in Ghana, root causes, risk factors and consequences of SGBV, what needs to be done to prevent SGBV as well as the support to be given to victims of SGBV.
Facilitators’ Action a. Introduce the module by summarizing the introductory part of the module. Also add that equipping Social Welfare Officers and Community Development Officers as well as other CP actors with knowledge and information on SGBV issues, what the law says about it and how to manage SGBV cases is therefore very critical as part of the efforts to reduce or eliminate all forms of SGBV. b. List the four sessions as well as the learning objectives of the entire module. Inform the participants that this session would focus on the different forms of SGBV, provide some statistics on GBV in Ghana, root causes, risk factors and consequences of SGBV, what needs to be done to prevent SGBV as well as the support to be given to victims of SGBV c. Divide participants into 4 or 5 groups and ask them to discuss and come up with answers for the following: (ask every group to capture their responses on flip charts for easy presentation) • What is SGBV, What are the different forms of SGBV (they should provide short definitions and examples), What are the root causes, risk factors and consequences of SGBV, What does the law say about SGBV and What can be done to prevent SGBV and what needs to be done to support victims e. Allow them time to discuss the issues at length and then give each group the chance to present their responses captured on the flipchart at plenary. f. After the presentations by the groups, firm up the discussion by presenting the PowerPoint Presentation PPT 2.4.1 – Sexual and Gender Based Violence and the key points in the Facilitators’ Notes 2.4.1 - What is Sexual and Gender Based Violence (SGBV) to highlight the definition of SGBV, the different forms of SGBV, the risks, root causes and consequences as well as what needs to be done to prevent it from happening. Allow the participants to ask questions and contribute to the discussions using their experiences and other case scenarios and conclude the session with what the laws say concerning SGBV.
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The Domestic Violence Act, 2007 (Act 732) was enacted to provide protection from domestic violence, particularly for women and children and for connected purposes. It provides for protection from: a. physical abuse, b. sexual abuse, c. economic abuse and d. emotional, verbal or psychological abuse. e. sexual harassment and intimidation by inducing fear in another person f. behaviour or conduct that in any way; (i) harms or may harm another person, (ii) endangers the safety, health or well-being of another person, (iii) undermines another person’s privacy, integrity or security, or (iv) detracts or is likely to detract from another person’s dignity and worth as a human being
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Facilitators’ Notes 2.4.1 - Sexual and Gender Based Violence (SGBV) i. What is Sexual and Gender-based violence (SGBV) Violence is the intentional use of physical force or power, threatened or actual, against oneself, another person, or against a group or community that either results in or has a high likelihood of resulting in injury, death, psychological harm, mal-development or deprivation. It may also be described as any behaviour, physical or verbal, directed at another person with the intension of hurting/harming him/her. Sexual and Gender Based Violence (SGBV) is the umbrella term for various forms of violence that are perpetrated against a person’s or group of people’s will because of their gender and it can be sexual, physical, emotional or economical. It involves a wide range of human rights violations including: sexual violence, (including defilement, incest, rape, sexual exploitation, forced prostitution), sexual abuse of children, domestic or intimate partner violence, sexual assault and harassment, trafficking of women and girls, several harmful traditional practices including child marriage, Female Genital Mutilation/Cutting (FGM/C), ritual slavery, dowry burning (e.g. Trokosi), Sexual slavery, Torture, Forced impregnation, disfiguration, mutilation and murder among others. The nature and extent of specific types of SGBV vary across cultures, countries and regions. SGBV refers to violence directed at a person or at a group of persons simply because of their sex and is described as violence that disproportionately affects the members of one sex and has its basis in relations between men and women, boys and girls (gender relations). SGBV involves a wide range of human rights violations against individuals based on their sex, including sexual abuse of children, rape, domestic violence, sexual assault and harassment, trafficking of women and girls and several harmful traditional practices including child marriage, female genital mutilation/ cutting, ritual slavery (e.g. Trokosi) etc. The harm could be physical, emotional or even psychological and these are usually classified as physical, sexual, verbal, psychological and socio-economic violence. The different forms of SGBV include sexual violence, (including sexual exploitation/abuse and forced prostitution); domestic or intimate partner violence; trafficking for sex; forced/child marriage; harmful traditional practices such as female genital mutilation; honor killings; and customary harmful practices related to widowed rights depriving widows of their inheritance as well as witchery. The United Nations Convention on the Elimination of all forms of Discrimination against Women (CEDAW, 1979) Article 1 defines violence against women and girls as “any act of gender-based violence that results in, or is likely to result in, physical, sexual or mental harm or suffering to women [and girls], including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life.” The terms “gender-based violence” (GBV) and “violence against women and girls” (VAWG) are often used interchangeably, since most reported gender-based violence is perpetrated by men or boys against women or girls. However, GBV sometimes includes violence against men, boys, and sexual minorities, which are individuals who do not conform to dominant gender norms or those
Social Welfare | Part Two 164 Part 2: Social Welfare with gender-nonconforming identities. As such, violence against women and girls (VAWG) is only one type of GBV70. While violence against the other groups mentioned is often rooted in the same gender inequalities and harmful gender norms VAWG acknowledges the heightened vulnerability of females from childhood throughout their lifecycle and the profound, long-term impacts of sexual and physical violence on women and girls throughout their lives. Females are particularly vulnerable to violence perpetrated by people they know, including their intimate male partners. Such violence may be of a sexual nature, such as unwanted touching or forced sex and ranges in severity and may include for refusing to have sex beatings, burning, or even murder etc. Gender-based violence reflects and reinforces the cultural norms about masculinity and male control and dominance. Globally, an estimated 1 in 3 women will experience gender-based violence (GBV) sometime in their lives, though the prevalence of violence varies greatly from country to country71 . GBV can have devastating consequences for girls and women as well as boys and men, including injuries, sexually transmitted infections including HIV, mental health problems, and death. In addition to these, adolescent girl and women can also experience unwanted pregnancies, unsafe abortions, obstetric fistula etc. as a result of GBV.
Some Statistics on GBV in Ghana from the Ghana Domestic Violence Study, 2016 • 71.5% of women and 71.4% of men reported having experienced at least one form of violence (domestic and non-domestic) over their lifetime • 41.0% of female respondents and 34.4% cent of male respondents experienced at least one type of social violence over their lifetime, committed by perpetrators both within and outside domestic relations. • 30% cent of women and 23.1% of men experienced sexual violence at least once over their lifetime • The incidence of social violence, physical violence, sexual violence among men and women was strongly associated with age, with older people being less likely to have experienced social violence. • 53% of adolescent girls aged 15–19 reported having experienced social violence over their lifetime in contrast with 33.1% of women aged 40–49 years and 33.7 per cent of women aged 50–60 years. • Over 47% of women aged 24 years and below reported having experienced physical violence, compared to 40.6% of women aged 40–49 years and 35.7% of women aged 50– 60 years • Younger men/adolescent boys aged 15–19 years were particularly at risk of experiencing physical violence with 64.3% reporting having experienced at least one form of physical violence over their lifetime, compared to, 42.9% of men aged 50–60 years • 38.2% of girls aged 15–19 years, reported having experienced at least one act of sexual violence compared to 18.8% of women aged 50–60 years.
70 Violence Against Women and Girls (VAWG) Resource Guide, http://www.vawgresourceguide.org/terminolgy; Assessed on 6th April 2018 71 Violence Against Women and Girls (VAWG) Resource Guide, http://www.vawgresourceguide.org/terminolgy; Assessed on 6th April 2018
Part Two | Social Welfare 165 Part 2: Social Welfare ii. Some Different Forms of Sexual and Gender Base Violence The different forms of sexual and gender based violence include Sexual Assault, Rape and Other forms of Sexual Violence. Sexual assault refers72 to any involuntary sexual act in which a person is threatened, coerced, or forced to engage in against their will, or any sexual touching of a person who has not agreed to sexual intercourse. This includes rape, inappropriate touching, forced kissing, intentionally hurting someone during sex, assaults upon the genitals, including use of objects intra-vaginal, or the torture of the victim in a sexual manner. Rape is forcing someone to have sexual intercourse. Section 98 of the Criminal Code, 1960 (Act 29) defines Rape as the carnal knowledge of a female of sixteen years or above without her consent. Three central elements characterise the legal definitions of rape: lack of consent; penetration, no matter how slight or regardless of whether ejaculation occurred; and compelling participation by force, threat of bodily harm, or with a person incapable of giving consent due to intoxication or mental incapacitation. Other forms of sexual violence include sexual harassment, school related sexual and gender based violence (SRSGBV), sexting, forms of SGBV like child marriage and FGM/C, Physical or emotional violence, etc.
Sexual Exploitation According Section 3 of the Criminal Offences (Amendment) Act, 2012 (849) -The principal enactment is amended by the insertion after section 101 of section 101 - (1) Sexual exploitation is the use of a person for sexual - activity that causes or is likely to cause serious physical and emotional injury or in prostitution or pornography. (2) A person who sexually exploits (a) another person other than a child commits an offence and is liable on summary conviction to a term of imprisonment of not less than five years and not more than twenty-five years; or (b) another person who is a child commits an offence and is liable on summary conviction to a term of imprisonment of not less than seven years and not more than twenty-five years.
School-Related Gender-Based Violence (SRGBV)73 It is important to keep in mind that GBV happens in family homes, schools and communities. School-related gender-based violence is defined as acts or threats of sexual, physical or psychological violence occurring in and around schools, perpetrated as a result of gender norms and stereotypes, and enforced by unequal power dynamics. School-related gender-based violence (SRGBV) is a phenomenon that affects millions of children, families and communities. It occurs in all countries in the world and cuts across cultural, geographic and economic differences in societies. SRGBV is complex and multifaceted. It includes different manifestations of physical,
72 Planned Parenthood Association of Ghana (PPAG) “KnowItOwnItLiveIt” Comprehensive Sexuality Education Manual for Young People 2017 73 Global Guidance on Addressing School-related Gender-based Violence, UNESCO and UN Women, 2016
Social Welfare | Part Two 166 Part 2: Social Welfare sexual and/or psychological violence, such as verbal abuse, bullying, sexual abuse and harassment, coercion and assault, and rape. The level of violence that children experience in schools plays an important role in lower enrolment and completion rates. Although Ghana is strongly opposed to violence in schools, bullying, sexual harassment and corporal punishment still persists74 . In a 2014 study of Ghana by UNICEF, almost three quarters (74%) of children in a survey cited physical harm by a teacher or another person, physical work, humiliation, shouting, suspension or exclusion from class as the repercussions for doing something ‘wrong’ in school75. Children who experience violence can feel traumatised to the extent that they see the school environment as unsafe or threatening. Such children show signs of anxiety, low self-esteem, emotional imbalance, lack of participation, etc. All of their thoughts become focused on the violent event and therefore affect their performance in school. SRGBV interferes with the education of many young people and is correlated with lower academic achievement. It is also a major barrier to the realization of global education goals and targets, as well as specific Sustainable Development Goals (SDGs): to end abuse, exploitation, trafficking and all forms of violence against children in all settings; to build and upgrade education facilities that are child, disability and gender sensitive and provide safe, non-violent, inclusive and effective learning environments for all; and to achieve gender equality and reduce gender-based violence (Goal 5). SRGBV violates children’s fundamental human rights, as children and adolescents have the right to be protected from all forms of violence, including in their school lives. Experiencing SRGBV can compromise a child’s well-being, their physical and emotional health, as well as harming their cognitive and emotional development. Evidence suggests that SRGBV can also have long-term and far-reaching consequences for young people who have witnessed such violence, as they may grow up to repeat the behaviour that they have ‘learned’ and to regard it as acceptable.
Sexting as a Form of Newly Emerging SGBV Issue of Great Concern76 There are many protection risks and concerns in online environments that adolescents and parents need to be aware of, and be equipped to respond appropriately to. Online space offers a lot of learning and positive development opportunities. However, it also poses some concerns/ dangers if used in sexting. Sexting is a relatively new term, which refers to the use of technology to share sexually suggestive or explicit content in the form of text messages, nude pictures and video or audio recordings for various purposes. It is sometimes referred to as cybersex, ‘nudie’ or ‘nude selfie’. This is particularly a growing ICT challenge, especially on the various social media platforms such as WhatsApp, Facebook and Instagram. Most people consider sexting as natural progression due to curiosity, advancement in technology and access to the Internet. Research has shown that girls are more likely to “sext” than boys.
74 Teachers Handbook on Safe Schools, GES and UNICEF Ghana Office, 2016 75 Government of Ghana, Ministry of Gender, Children and Social Protection with support from UNICEF. 2014. “It takes a community to raise a child” Child Protection Baseline Research Summary Report 76 Planned Parenthood Association of Ghana (PPAG) “KnowItOwnItLiveIt” Comprehensive Sexuality Education Manual for Young People 2017
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In a study on Risks and Opportunities Related to Children’s Online Practices by UNICEF Ghana and the government of Ghana77, 4 in 10 children had seen sexual images online, and of the 70% of the children who reported that they had seen sexual images online, 6 in 10 reported that this happened on social networking sites. Furthermore, among those that had seen sexual images, 36% reported to have felt uncomfortable, 27% felt embarrassed or shy, while 26% felt neither happy nor upset. This implies that perception towards exposure to sexual images among children is divided. About 70% of girls who sext admit that they did so because of pressure. Teenagers, particularly “sext” to get the receiver in the mood for sex, as a joke, to feel sexy, or in response to pressure from partners. The Legal Framework in Ghana on Sexting According to Sections 280 and 281 of the Criminal Offences Act, the making/production “for the public”, possession and distribution of obscene materials such as sext tapes, indecent images and videos amount to a criminal offence - to be precise, a misdemeanour.
When a sexted message is sent to or shared with external people online or via phone, it can cause a huge change in the victim’s behaviour which include: • Depression. • Anxiety. • Social problems in school. • Become withdrawn from friends. • Avoiding social activities. • Being bullied. • Fear of going to school. • Loss of self-esteem. • Poor grades. • Excessive absenteeism from school. • Alcohol and drug use. • Difficulty sleeping. • Loss of appetite. • Become sexually promiscuous. • Tensions in marriages and relationships, exclusion. • Suicidal Tendencies.
77 Risks and Opportunities Related to Children’s Online Practices, Ghana country report, December, 2017, UNICEF Ghana
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Intergenerational Cycle of violence Children exposed to domestic violence, GBV or any form of violence are likely to develop behavioural problems, such as regressing, exhibiting out of control behaviour, and imitating violent behaviours. GBV experienced by an adolescent girl endangers her development directly, but witnessing their mother being abused also may have a negative impact on children’s development. Intergenerational transmission of violence has also been a main theoretical consideration to explain the link between inter-parental aggression in the family of origin and intimate partner violence (IPV) in subsequent intimate relationships of adults who were exposed to violence in childhood78 . Several other studies have found exposure to domestic violence during childhood to be associated with the probability of being a victim of domestic violence as an adult. Similarly, data from a study on domestic violence in Ghana indicated that the incidence of domestic violence in Ghana79 was higher among women and men whose father beat their mothers. iii. Some Root Causes of SGBV The root causes do not lie in any one culture, tradition or institution, but in the wider structural issues of social norms and deep-rooted beliefs, behaviours and daily practices that shape gender and authority. The major and common root causes of GBV are harmful gender norms, which includes gender inequality. In societies where men and women are unequal and men are expected to dominate over women and children, women and girls face higher rates of violence. In particular, negative masculinity (e.g. controlling, aggressive, dominant behaviour to demonstrate power) is one of the main driving forces of GBV. Discriminatory norms that shape the dominance of men and the subservience of women, and the right to preserve that dominance through violence, are found in some form in almost every culture. The pressure to conform to dominant gender norms is high. Young people who cannot, or choose not to conform, or those who have not learned the ‘proper’ behaviour – can be sanctioned through violence. Men are typically socialized from early childhood to be tough, aggressive and to resolve conflict physically instead of verbally. Certainly, not all men commit GBV, but the extreme version of those masculine traits is violent behavior. Men may abuse to exert power over women, or to prove their manliness, or they may be behaving like they have seen their fathers or other male role models behave in the past. In order to prevent GBV and break the inter-generational cycle of violence, we need to start questioning and challenging how we raise boys and girls in infancy, early childhood and throughout adolescence, since gender socialization plays a critical role throughout all stages of life.
78 David S. Black, Steve Sussman and Jennifer B. Unger, A Further Look at the Intergenerational Transmission of Violence: Witnessing Interparental Violence in Emerging Adulthood, Journal of Interpersonal Violence, Volume: 25 issue: 6, page(s): 1022-1042, June 1, 2010 79 Institute of Development Studies (IDS), Ghana Statistical Services (GSS) and Associates (2016), Domestic Violence in Ghana: Incidence, Attitudes, Determinants and Consequences, Brighton: IDS.
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GBV is also committed in response to people or behaviours that go against traditional gender norms. For example, a parent might slap a little boy if he is acting “like a girl” in some way. Furthermore, a woman might be told she is making herself vulnerable to rape if she dresses “too provocatively”, or a gay. Lesbian or transgender person may be attacked for dressing and acting differently from what is expected of their sex assigned at birth. All people have a right to live free of violence, regardless of their gender identity, sexual orientation and gender expression. Wider structural and contextual factors may include conflict, unequal access to resources, income inequality, deprivation or marginalization, poor law enforcement and weak service systems for prevention and response (e.g. social welfare and legal systems). In addition, the borderless nature of social media enables violence – such as online sexual exploitation and trafficking, cyber bullying, online grooming and trolling – in spaces that that are hard to police and regulate with existing state-bound tools. iv. The Risk Factors of SGBV A variety of risk factors intersect at the individual, family, school, community and societal-levels that increase the risk of SGBV. These factors, represented in the ecological model, will vary according to the context and situation, requiring a thorough analysis at the local level prior to designing interventions.
Individual - Biological, personal history and demographic characteristics • Lack of awareness of individual and collective rights • Sex, age, ethnicity, disability • Non-conforming Sexual orientation and gender identity • Low level of education • Low economic status • Living with or affected by HIV & AIDS • Previous experience of violence (witness, victim, perpetrator etc.)
Family - Family and other close social relationships • Low value accorded to the girl child and women in family settings • Lack of parental care • Alcohol/substance abuse in family settings • Intergenerational violence and tolerance of sexual, emotional and physical violence in the family • Lack of awareness of GBV and the rights of children and adolescents
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• Unequal distribution and access to resources/unequal power dynamics
School - School-level factors • Lack of knowledge and awareness around SRGBV • Lack of school level capacity to prevent, identify and address incidents of SRGBV • Lack of effective oversight mechanism and accountability - teachers/school staff able to perpetrate violence or abuse with impunity • Lack of safe, secure and welcoming physical spaces within educational settings • Teaching and learning strategies and disciplinary methods that reinforce violence • Curricula and teaching methods that do not equip girls and boys with key knowledge, life skills and attitudes to engage in healthy peer relationships and violence prevention and response
Community - Existing social norms and community-level factors • Lack of culturally appropriate and accessible services to report and respond to GBV, including child protection, health and social services • Tolerance of emotional, sexual and physical violence in the community • Persisting patriarchal values that support gender inequalities and unequal power dynamics • Social norms, which discourage reporting of GBV and offer implicit, or even explicit, social sanction for reporting • Politicisation and opposition to girls’ education • GBV perpetrators not held accountable through weak institutional response/sanctions from the judicial and security services
Society - Larger societal factors that create an acceptable climate for violence • Lack of legislation banning all forms of violence against children and women including GBV • Lack of a comprehensive policy framework to prevent and address GBV • Lack of coordination between key sectors around GBV • Insufficient and ineffective public spending to key GBV prevention and response services, particularly at decentralized levels • Persisting and patriarchal values that support GBV • Conflict and insecurity • Culture of impunity and breakdown of the law
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• High levels of inequality or exclusion • High levels of corruption in government systems v. The Consequences of GBV Physical health and health risk behaviour Mental health outcomes outcomes • Anxiety • Injuries, including bruises, burns, • Depression fractures, gun wounds and stabbings • Anger or hostility • Lacerations and abrasions • Low self-esteem • Disability • Suicide ideation, attempts and actual • Genital-urinary symptoms suicide • Unwanted pregnancy • Self-harm • STIs including HIV • Post-traumatic stress disorder (PTSD) • Eating disorders • Shame • Substance misuse • Obsessive-compulsive disorder • Risky sexual behaviour • Dissociation • Loss of memory Violence outcomes (committed against others) Social Outcomes • Bullying • Social isolation, • Further abuse • Retaliatory attitudes • Carrying a weapon • Aggressive Behaviours • Conflict with the law • Breakdown of social networks of support • Intimate partner violence
• Sexual harassment Educational outcomes • Intergenerational reproduction of • Lack of concentration violence, impacts of being a victim • Inability to study • Falling grades • Disruption in class • Non-school attendance • Dropping out of school
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Financial Consequences In addition to the health, social and educational consequences shown above, significant financial consequences include: • Direct costs such as treatment, visits to the hospital doctor and other health services • Indirect costs such as lost productivity, reduced employability (as a result of reduced education), disability, decreased quality of life and premature death. • Costs borne by the criminal justice system in apprehending and prosecuting offenders, • Costs to social welfare organisations • Costs to the educational system through loss of learning • Costs to the employment sector arising from absenteeism and low productivity. It is therefore more important to invest in prevention rather than response due to the high, multidimensional costs involved in responding to the undesirable outcomes caused by child abuse and gender based violence. Adolescent girls and boys are a category that requires special attention and support because girls and boys are discovering their bodies, their identities and are bound to confusion and weaknesses in the process. While they are building their self-esteem, for example they may fall prey to people that may want to exploit them. Adolescents are very sensitive to gender stereotypes and tend to conform to them to be accepted by their peers and adults. Therefore, this may pose risks in terms of attitudes of behaviour they may acquire. Adolescents can also be confused about their sexuality, and therefore may fall prey to bullying and gender-motivated violence. At the same time, adolescence is a key window of opportunity to reflect, discuss and challenge gender stereotypes, roles and norms; a window of opportunity to build more equitable societies from a gender perspective, breaking cycles of violence. vi. The Key Programming Principles for SGBV Interventions A robust response to SGBV requires careful analysis to reveal appropriate starting points for strengthening prevention and response within each context. The following principles should be adhered to at all times when developing and accessing policies and interventions to ensure they are being considered adequately. • Holistic approaches – effective programming should take, wherever possible, a whole- school, whole-community and multi-sector view of the issues to include both prevention and response efforts. • Context specific – all interventions aimed at reducing SGBV should be context specific and based on rigorous situation and needs analysis, and where possible joining up with existing interventions. • Programming should aim at engaging families, communities and society in reflections and dialogues which question existing power, resources and gender inequalities, harmful gender norms and socialization that discriminate/place in a vulnerable position certain
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population groups (e.g. girls, children, women, persons with disabilities, persons with non-conforming gender orientations, etc.), which are in turn underlying driving factors to gender inequality and gender based violence • Child-centred and take a ‘do no harm’ approach – children’s rights, needs, safety and protection should be at the centre of all programming. • Developmentally appropriate – topics and issues included in curricular and co-curricular activities must be age and developmentally appropriate to the children they target. • Participation – children should be recognized as key participants in developing solutions to address SGBV. Children and adolescents should be recognized as key actors in ensuring their own protection from SGBV and be empowered in developing solutions to address SGBV. • Inclusive – interventions should seek to ensure all children, including traditionally marginalized or excluded, disabled, minority and other children, are able to participate, take action and be consulted. • Gender responsive and transformative – programming must be based on strong gender and rights analysis, bearing in mind the continuum of the gender spectrum, and should use and produce age and sex-disaggregated data wherever possible. It should build knowledge and shape skills, values and attitudes in order transform established norms around gender and power by empowering individuals to champion gender equality and challenge all forms of violence. vii. How to Prevent Sexual and Gender based Violence in the Community • Dialogue and reflection with members of the community to challenge and change role distribution, gender power relations, gender stereotypes, etc. • Education on the effects of gender based violence. • Enactment and enforcement of legislations on gender based violence. • Stiffer punishments for the perpetrators of gender based violence • Media Engagement - to support positive gender norms and equitable power relations and condemn any forms of SGBV against girls, women, boys and men. viii. How to Help Survivors of SGBV Very few of those who experience SGBV will report it to anyone, and those who do tend to first tell their friends or family members80. (Please refer to the chapter the UN inter-agency - Essential Service Package for Women and Girls Subject to Violence – Chapter 3 on Guidelines for Essential Social Services). It may also be very challenging for children or adolescents to address a SGBV
80 UN, 2015
Social Welfare | Part Two 174 Part 2: Social Welfare situation due the imbalance of power, more limited access to resources, fear of repercussions, dependence on the perpetrator, inability to say no to or stop the perpetrator, services that may not be available to children/adolescents or not be age and gender sensitive, etc. Home visitors are trusted professionals who spend time in the intimate setting of the home and may be able to pick up warning signs of an abusive situation that would warrant reporting a mother or child for abuse in order to refer them to supportive services. None of the warning signs are a direct indication that the woman, girl or boy is experiencing SGBV, but rather, they suggest that one may want to ask more direct questions about SGBV. However, asking a woman about abuse can be quite traumatic if you are not able to help her to access supportive services. Before one asks a woman about SGBV, one needs to be familiar with services available in the community for women who experience GBV, such as: • Crisis Information (including Helplines e.g. the Helpline of Hope) • Physical health services: for treatment of injuries as well as for forensic examination in case she wants to take legal action. It important to note here that under the laws of Ghana (DV L.I. 2016) medical care in case of sexual violence is free of charge for survivors of GBV/DV and for children – however, unfortunately this does not often happen in Ghana, where fees are expected to be paid by survivors/families. Discussions are still being held on this to make sure the law is enforced so money is not demanded from victims • In some countries women must contact police before having a forensic exam, or even be examined at the police station • Psycho-social support, Crisis Counseling and Mental health services to aid recovery from traumatic experiences (incl. Helplines if available) • Legal and Rights Information, advice and Representation: for pressing charges against an abuser • Material and financial aid if she is economically dependent on the abuser • Safe accommodation and Shelter if she needs to leave her home • Creation, Recovery, Replacement of Identity documents • Support groups, where available • Family welfare services: to assess situation in the household environment and provide support • Children’s specialized services in case of experience of violence ix. The right to be free from all forms of violence, cruel, inhuman and degrading treatment In accordance with the CRC, states must take “all appropriate legislative, administrative, social and educational measures to protect children (and adolescents) from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation.” The CRC has made clear that the term “violence” should be understood to include non-physical
Part Two | Social Welfare 175 Part 2: Social Welfare and non-intentional forms of harm, including neglect and psychological maltreatment. The CRC has indicated that the failure to meet children’s physical and psychological needs can constitute neglect, including the failure to obtain or the withholding of essential medical services. Children (and adolescents) also have the right to be free from all forms of cruel, inhuman or degrading treatment or punishment, and the CRC has noted all that these constitute forms of violence. x. Special Measures of Protection In recognition of their unique vulnerabilities and evolving capacities, states are required to take special measures of protection for children (and adolescents). This includes taking “all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation”. States are to pay particular attention to the forms of abuse, neglect, violence and exploitation that have a greater effect on minors. Within this context, children’s (and adolescents’) dignity and integrity must be respected and promoted, by viewing them as rights-bearers, as opposed to as “victims.” xi. Legal Framework in Ghana Concerning SGBV Chapter Five of the 1992 Constitution provides for a large body of fundamental human rights and freedoms81. These cover a medley of civil, political, economic, and cultural rights, spread over eighteen articles, e.g.: protection of the right to life (Article 13), protection of personal liberty (Article 14), respect for human dignity (Article 15), protection from slavery and forced labour (Article 15), equality and freedom from discrimination (Article 17), general fundamental freedoms, including freedom of speech and assembly, etc., educational rights (Article 25), women‘s rights (Article 27), children‘s rights (Article 28) etc. The Criminal Code of 1960 (Act 29) and the Criminal Offences (Amendment) Act, 2012 (Act 849) also have sessions that address issues of SGBV. Chapter 3 is dedicated to Criminal harm to a person, Chapter 4 is on Assault and similar offences and Chapter 6 is dedicated to Sexual Offence.
Chapter 3 - Criminal harm to a person • Section 69 - Causing harm • Section 69A - Female circumcision • Section 74 - Threat of harm
81 The 1992 Constitution Of Ghana, Ghana Country Report, Kofi Quashigah, Associate Professor, Faculty of Law, University of Ghana
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Chapter 4 - Assault and similar offences • Section 84 Assault • Section 85 - Different kinds of assault • Section 86 - Definition of and provision relating to assault and battery • Section 87 - Definition of and provisions relating to assault without actual battery. • Section 88 - Definition of and provision relating to imprisonment • Section 88A - Cruel customs or practices in relation to bereaved spouses, etc.
Chapter 6 - Sexual Offence • Section 97 - Rape - Whoever commits rape shall be guilty of a first degree felony and shall be liable on conviction to imprisonment for a term of not less than five years and not more than twenty-five years. • Section 98 - Definition of Rape • Section 99 - Evidence of Carnal Knowledge • Section 101 - Defilement of Child Under 16 Years of Age • Section 102 - Carnal Knowledge • Section 103 - Indecent assault • Section 105 - Incest • Section 106 - Householder Permitting Defilement of Child on his Premises • Section 107 - Procuration (into prostitution) • Section 108 - Causing or Encouraging the Seduction or Prostitution of a Child Under Sixteen. • Section 109 - Compulsion of Marriage - Whoever by duress causes a person to marry against his or her will, shall be guilty of a misdemeanour. • Section 111 - Power of Search for Child Detained for Immoral Purpose
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Session 2: Impacts of Some Harmful Cultural, Religious and Traditional Practices
Many cultures have traditional practices or rituals to mark a girl’s passage into adulthood; these are often associated with her menarche - first menstrual period (e.g. dipo rites that expose the nakedness of the girl, “Trokosi” that sends the girl into servitude etc.). Same applies to the boys and in some societies they have to go through very hard proofs to show their braveness and courage, like spending a night in the forest/fighting wild animals or jumping off cliffs etc. Even though culturally some of these rituals were intended to be positive socialization reinforcing mechanisms keeping people together and reinforcing commonly agreed social norms (e.g. chastity, etc.), sometimes they are a source of embarrassment and shame and some may cause bodily harm. It is important to examine the impact of these harmful cultural, religious and traditional practices in order for CP practitioners to learn a rights-based approach to the design and implementation of child and adolescent friendly, contextually appropriate policies and programmes. This session highlights some of these practices that constitute SGBV and how they can be prevented as part of efforts to protect children and adolescents from all forms of harm, violence and exploitation.
Facilitators’ Action a. Introduce the session by summarising the introductory part above. Emphasize that even though some of these rituals were intended to be positive socialization reinforcing mechanisms keeping people together and reinforcing commonly agreed social norms, sometimes they are a source of embarrassment and shame and some may cause bodily harm. b. Divide the participants into 4 or 5 groups and ask them to discuss with examples and scenarios • What some of the harmful cultural, religious and traditional practices are • They should identify the type of harm caused in such practices, who are the victims • What does the law say about such practices • What needs to be done to prevent such practices c. After allowing all the groups to present at plenary, also allow the participants tohavea lengthy discussion about the practices that were presented by the groups as well as the cases/scenarios. d. Present the key points listed in the Facilitators’ Notes 2.4.2 - Impact of Some Cultural, Religious, and Traditional Practices below. Ensure to stress that the 1960 Criminal Code and the 1992 Constitution of Ghana prohibit all such harmful practices by reading the information in the text box below. Allow for questions and contributions from the participants and conclude the session The Constitution, by Article 26(2), subjects customary law to the human rights of the individual.
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This provision states that all customary practices which dehumanise or are injurious to the physical and mental well-being of a person are prohibited82. It is for that reason that the criminal law was amended to criminalize certain customary practices, such as trokosi and forced marriages. By section 314A of Criminal Code Act 29, any person who engages in what is described as customary servitude commits a criminal offence and is liable to a term of imprisonment of not less than three years.
82 The 1992 Constitution Of Ghana, Ghana Country Report, Kofi Quashigah, Associate Professor, Faculty of Law, University of Ghana
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Facilitators’ Notes 2.4.2 - Impact of Some Cultural, Religious, and Tradition Practices
Some rituals are performed to mark a girl’s passage into adulthood. These rituals have significant impact on identity formation, including young women’s sexuality, and can help perpetuate gender inequality. In some cultural settings in Ghana, a young woman is kept in a dark room during menstruation, often where the animals are kept. Girls often miss school when they have their period due to this discrimination and because of a lack of hygiene products and sanitation facilities, which amounts to a substantial number of missed school days throughout the year. Same applies to the boys and in some societies they have to go through very hard proofs to show their braveness and courage, like spending a night in the forest/fighting wild animals or jumping off cliffs etc. Even though culturally some of these rituals were intended to be positive socialization reinforcing mechanisms keeping people together and reinforcing commonly agreed social norms (e.g. chastity, etc.), sometimes they are a source of embarrassment and shame and some – such as female genital mutilation – may cause bodily harm. The Constitution, by Article 26(2), subjects customary law to the human rights of the individual. This provision states that all customary practices which dehumanise or are injurious to the physical and mental well-being of a person are prohibited83 . It is for that reason that the criminal law was amended to criminalize certain customary practices, such as trokosi and forced marriages.
83 The 1992 Constitution Of Ghana, Ghana Country Report, Kofi Quashigah, Associate Professor, Faculty of Law, University of Ghana
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By section 314A of Criminal Code Act 29, any person who engages in what is described as customary servitude commits a criminal offence and is liable to a term of imprisonment of not less than three years. Section 69 - Causing Harm - Whoever intentionally and unlawfully causes harm to any person shall be guilty of second degree felony. Section 69A - Female Circumcision (1) Whoever excises, infibulates or otherwise mutilates the whole or any part of the labia minora, labia majora and the clitoris of another person commits an offence and shall be guilty of a second degree felony and liable on conviction to imprisonment of not less than three years. (2) For the purposes of this section “excise” means to remove the prepuce, the clitoris and all or part of the labia minora; “infibulate” includes excision and the additional removal of the labia majora. Section 84 – Assault - Whoever unlawfully assaults any person is guilty of a misdemeanour.
Section 88A - Cruel Customs or Practices in Relation to Bereaved Spouses, etc. (1) Whoever compels a bereaved spouse or a relative of such spouse to undergo any custom or practice that is cruel in nature shall be guilty of a misdemeanour. (2) For the purposes of subsection (1) of this section a custom or practice shall be deemed to be cruel in nature if it constitutes an assault within the meaning of sections 85, 86, 87 and 88 of this Act.
i. Trokosi – the Ritual Servitude of Girls Trokosi is a traditional system where virgin girls, some as young as six years old, are sent into Trokovi shrines (shrines for gods) as slaves to make amends for wrongs committed by a member of the virgin girl’s family. Until the Trokosi system came to the attention of the general public in the 1990s, girls sent to the shrines stayed for life. After the 90’s some of the priests and elders were willing to let the girls go back home after a few years, for a few months, but had to return whenever they were sent for. When they die, the family must replace her with another virgin girl. This means that the family will pay reparation, of one girl, forever. The Trokosi system is based on the belief that gods have the power to search for wrongdoers and punish them. People who feel an injustice has been committed against them, go to the shrine and place a curse on the offender so that they will be punished by the gods. These curses take several forms, strange sicknesses, unexplained deaths, incurable diseases or successive deaths within a family.When the virgin girls are sent to the shrines, they become the “wives of the gods” and are sexually exploited by the priests and shrine elders. The shrine priest is the spiritual head of the shrine and “proxy for the gods” while clansmen can be appointed as elders of the shrine. The girls are forced to work in any capacity that suits these priests and elders – for instance, on their farms. If there are children born out of the relationship with them, they become the responsibility of the virgin girls’ family.
Part Two | Social Welfare 181 Part 2: Social Welfare ii. Female Genital Mutilation/cutting (FGM/C)84 FGM/C comprises all procedures that involve partial or total removal of the external female genitalia, or other injury to the female genital organs for non-medical reasons (WHO). It is sometimes referred to as female genital cutting or female circumcision. FGM/C has no health benefits, and it harms girls and women in many ways. It involves removing and damaging healthy female genital tissue, and interferes with the natural functions of girls and women’s bodies. Female genital mutilation is carried out as part of cultural traditional practices, as a way of reducing libido of girls and with the alleged assumption that they will become in future ‘faithful’ wives. Procedures are mostly carried out on young girls between infancy and adolescence, and occasionally on adult women. In some cultures that still practice FGM/C, women who escape it from their maiden homes often end up being forcefully and secretly circumcised in marriage. According to a recent UNICEF publication85 at least 200 million girls and women have experienced FGM/C in 30 countries across three continents. But without far more intensive and sustained action now from all parts of society, hundreds of millions more girls will suffer profound, permanent, and utterly unnecessary harm. If rates of decline seen in the past three decades are sustained, the impact of population growth means that up to 63 million more girls could be cut by 2050. In Ghana, 4% of girls and women of reproductive age (15-49 years) have undergone FGM/C, with those in certain ethnic groups more likely to have experienced the practice86 . Highest pockets of prevalence of FGM/C practice in Ghana are found in the Upper West and Upper East Regions with prevalence rates of 56% and 12% respectively (Ghana MICS 2011) Apart from it being a physically gruesome and painful exercise that leads to medical complications, the practice itself is dictation on the girls and women’s sexuality and a denial of their right to experience and live satisfactory and pleasurable sexual lives. FGM/C is recognised internationally as a harmful traditional practice and a violation of the human rights of girls and women. It reflects deeply-rooted inequalities between the sexes.
84 Planned Parenthood Association of Ghana (PPAG) “Know It Own It LivenIt” Comprehensive Sexuality Education Manual for Young People 2017 85 Female Genital Mutilation and Cutting, a Global Concern, UNICEF, 2017 86 8Statistical Profile On Female Genital Mutilation/Cutting in Ghana, Data and Analytics section Division of Data, Research and Policy UNICEF New York, December 2013
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Immediate complications of FGC can include: Long-term consequences of FGC can include: •• Severe pain •• Urinary problems (painful urination, urinary tract infections) •• Excessive bleeding (haemorrhage) •• Vaginal problems (discharge, itching, •• Genital tissue swelling bacterial vaginosis and other infections) •• Fever •• Menstrual problems (painful •• Infections e.g. tetanus menstruations, difficulty in passing menstrual blood, etc.) •• Urinary problems •• Scar tissue and keloid •• Wound healing problems •• Sexual problems (pain during •• Injury to surrounding genital tissue intercourse, decreased satisfaction) •• Shock •• Increased risk of childbirth complications (difficult delivery, excessive bleeding, •• Death caesarean section, need to resuscitate the baby, etc.) and new-born deaths •• Need for later surgeries (e.g. FGM/C procedure that seals or narrows a vaginal opening, type 3, needs to be cut open later to allow for sexual intercourse and childbirth, further increasing both immediate and long-term risks •• Psychological problems (depression, anxiety, post-traumatic stress disorder, low self-esteem, etc.)
iii. The most common cited reasons why FGM/C is performed: • Where FGM/C is a social norm, the social pressure to conform to what others do and have been doing, as well as the need to be accepted socially and the fear of being rejected by the community, are strong motivations to perpetuate the practice. In Ghana 24% of mothers of girls aged 0-14 years who have undergone FGM/C think the practice should continue87. • FGM/C is often considered a necessary part of raising a girl, and a way to prepare her for adulthood and marriage. • Where it is believed that being cut increases marriageability, FGM is more likely to be carried out. FGM/C is associated with cultural ideals of feminity and modesty, which include the notion that girls are clean and beautiful after removal of body parts that are considered unclean, unfeminine or male
87 ibid
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• FGM/C is often motivated by beliefs about what is considered appropriate/acceptable sexual behaviour. It aims to ensure premarital virginity and marital fidelity. FGM/C is in many communities believed to reduce a woman’s libido and therefore believed to ‘help her resist’ extramarital sexual acts. When a vaginal opening is covered or narrowed (in type 3), the fear of the pain of opening it (and the fear that this will be found out) is believed to discourage extramarital sexual intercourse among women with this type of FGM/C • Though no religious scripts prescribe the practice, practitioners often believe the practice has religious support. Religious leaders in Ghana and across Countries take varying positions with regard to FGM/C. Some promote it, some consider it irrelevant to religion, and others contribute to its elimination • Local structures of power and authority, such as community leaders, religious leaders, circumcisers, and even some medical personnel can contribute to upholding the practice. In most societies, where FGM/C is practised, it is considered a cultural tradition, which is often used as an argument for its continuation. • Overall, an adolescent girl today is about a third less likely to be cut than 30 years ago. Attitudes are also changing: recent data show that the majority of people in the countries where FGM/C is practiced believe it should end, but continue to compel their daughters to undergo the procedure because of strong social pressure • The practice is perpetrated by families without a primary intention of violence, but is de facto violent in nature. Communities practice FGM/C in the belief that it will ensure a girl’s proper upbringing, future marriage or family honour. If families were to stop practicing on their own they would risk the marriage prospects of their daughter as well as the family’s status. FGM/C is a violation of girls’ and women’s human rights and is condemned by many international treaties and conventions, as well as by national legislation in many countries. Yet, where it is practised FGM/C is performed in line with tradition and social norms to ensure that girls are socially accepted and marriageable, and to uphold their status and honour and that of the entire family88. To successfully address FGM/C a combination of interventions is required: from strengthening legislation outlawing the practice, to carrying out activities enabling communities to make a coordinated and collective choice to abandon FGM/C. Integrated and culturally-sensitive programmes including community conversations and education about human rights and fundamental values with adults, adolescents and religious leaders allow community members to discuss alternative ways of doing the best for their daughters without having them cut. This participatory process has led communities across countries to organize and successfully sustain public commitments to abandon FGM/C. Examples in Africa include Kenya, Sudan, Tanzania, Central African Republic, Liberia, and Nigeria.
88 Statistical Profile on Female Genital Mutilation/Cutting, Ghana, 2013, Data and Analytics Section, Division of Policy and Strategy UNICEF, Website: www.childinfo.org
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Building on work from previous decades, in 1997, WHO issued a joint statement against the practice of FGM with the United Nations Children’s Fund (UNICEF) and the United Nations Population Fund (UNFPA). Since 1997, great efforts have been made to counteract FGM, through research, work within communities, and changes in public policy. Progress at international, national and sub-national levels includes: •• Wider international involvement to stop FGM, •• International monitoring bodies and resolutions that condemn the practice, •• Revised legal frameworks and growing political support to end FGM (this includes a law against FGM in 26 countries in Africa and the Middle East, as well as in 33 other countries with migrant populations from FGM practicing countries) and •• The prevalence of FGM has decreased in most countries and an increasing number of women and men in practising communities support ending its practice. It is for these reasons that the criminal law was amended to criminalize certain customary practices, including female genital mutilation. FGM is legally banned in Ghana - Criminal Code 1960 (Act 29) amended by Criminal Offences (Amendment) Act 849, 2012 section 69A of the Criminal Offences to include the practice of FGM/C (a person who engages in what is described as female circumcision commits a second degree felony and is subject to a term of imprisonment of not less than three years if convicted punishable); in conformity to the CRC to which Ghana is party.
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Session 3: Sexual and Gender Based Violence (SGBV) Case Management
Sexual and gender based violence is a criminal offense and needs to be prevented and reported if it occurs for proper management by the appropriately trained professionals. This session explains the management of SGBV, lists which organizations provide services for management of SGBV cases, describes the different roles and responsibilities of other service providers who are not Child marriage is illegal in Ghana. case managers as well as the guiding principles for working with children and survivors. Both the 1992 Constitution and the 1998 Children’s Act set the legal age for marriage at 18 years for both girls and boys. Section 14 (1) (a) (b) and (c) of the Children’s Facilitators’ Action Act provides that: a. Begin the session by informing participants that Standard 15 of the Minimum Standards for “No person shall force a child to be betrothed; to be the subject of a dowry Child Protection in Humanitarian Action (CPMS)89 developed in 2012 by the Child Protection transaction; or to be married… any person who contravenes this provision commits Working Group (CPWG) states that “Girls and boys with urgent child protection needs are (to an offence and is liable on summary conviction to a fine not exceeding 5 million be) identified to receive age and culturally-appropriate information as well as an effective, Cedis or to a term of imprisonment not exceeding one year or to both.” multi-sectoral and child-friendly response from relevant providers working in a coordinated and accountable manner”. b. In their initial groups (4 or 5 groups) ask the participants to discuss with examples and real life case scenarios: • what process a victim/survivor of SGBV has to go through in order to report any form of SGBV case when it occurs (in the family, school, community, office etc.) • which institution(s) should SGBV cases be reported to first and why • which institutions handle cases of SGBV and at which point of the case management steps do they come in after reporting the case (remind them of the steps discussed in Module 3) - • STEP 1: Identification and Registration • STEP 2: Assessment • STEP 3: Case Planning • STEP 4: Implement the case plan • STEP 5: Follow-Up and Review • STEP 6: Case Closure c. Allow the groups to present their discussions at plenary allowing the other groups to ask questions and provide inputs based on their experiences, examples in the course of performing their duties and other case scenarios.
89 Minimum Standards for Child Protection in Humanitarian Action, Child Protection Working Group, 2012, (as sited in The Inter Agency Guidelines for Case Management &Child Protection, The Role of Case Management in the Protection of Children: A Guide for Policy & Programme Managers and Caseworkers, January 2014)
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Session 3: Sexual and Gender Based Violence (SGBV) Case d. Add to the discussions by presenting the PPT 2.4.3 - Case Management Pathway for SGBV and using the key points in the Facilitators’ Notes 2.4.3 - SGBV Case Management in Ghana. Management Be sure to touch on issues related to the Referral Institutions for SGBV Cases in Ghana (both state and non-state institutions), the roles of these institutions in the various stages of case management, what the laws of Ghana say about Reporting of Sexual and Gender Sexual and gender based violence is a criminal offense and needs to be prevented and reported if Based Violence (Filing of Complaints to the Police as captured by Section 6 of the Domestic it occurs for proper management by the appropriately trained professionals. This session explains Violence Act, Receipt of complaints by the Police and free medical treatment as well as the management of SGBV, lists which organizations provide services for management of SGBV the other avenues for referral, also refer to the specific roles set for the DSW in the DV L.I. cases, describes the different roles and responsibilities of other service providers who are not 2016), Challenges with Reporting GBV Cases as well as Aligning SGBV Case Management with Child marriage is illegal in Ghana. case managers as well as the guiding principles for working with children and survivors. International Best Practices. Both the 1992 Constitution and the 1998 Children’s Act set the legal age for marriage e. Conclude the session by allowing participants to ask questions and contribute with examples at 18 years for both girls and boys. Section 14 (1) (a) (b) and (c) of the Children’s Facilitators’ Action and other case scenarios and remember to inform participants that these steps do not Act provides that: always follow unilineal manner. a. Begin the session by informing participants that Standard 15 of the Minimum Standards for “No person shall force a child to be betrothed; to be the subject of a dowry Child Protection in Humanitarian Action (CPMS)89 developed in 2012 by the Child Protection transaction; or to be married… any person who contravenes this provision commits Working Group (CPWG) states that “Girls and boys with urgent child protection needs are (to an offence and is liable on summary conviction to a fine not exceeding 5 million be) identified to receive age and culturally-appropriate information as well as an effective, Cedis or to a term of imprisonment not exceeding one year or to both.” multi-sectoral and child-friendly response from relevant providers working in a coordinated and accountable manner”. b. In their initial groups (4 or 5 groups) ask the participants to discuss with examples and real life case scenarios: • what process a victim/survivor of SGBV has to go through in order to report any form of SGBV case when it occurs (in the family, school, community, office etc.) • which institution(s) should SGBV cases be reported to first and why • which institutions handle cases of SGBV and at which point of the case management steps do they come in after reporting the case (remind them of the steps discussed in Module 3) - • STEP 1: Identification and Registration • STEP 2: Assessment • STEP 3: Case Planning • STEP 4: Implement the case plan • STEP 5: Follow-Up and Review • STEP 6: Case Closure c. Allow the groups to present their discussions at plenary allowing the other groups to ask questions and provide inputs based on their experiences, examples in the course of performing their duties and other case scenarios.
89 Minimum Standards for Child Protection in Humanitarian Action, Child Protection Working Group, 2012, (as sited in The Inter Agency Guidelines for Case Management &Child Protection, The Role of Case Management in the Protection of Children: A Guide for Policy & Programme Managers and Caseworkers, January 2014)
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Facilitators’ Notes 2.4.3 - SGBV Case Management in Ghana i. Referral Institutions for SGBV Cases in Ghana There are a number of referral institutions on all cases of GBV in Ghana offering various services to survivors of GBV and they have been grouped into two major categories: • State institutions • Non-state institutions ii. The State Institutions involved in SGBV Case Management • Ghana Police Service: The police service is the first call for most survivors. • DoVVSU: This Unit was established by the Police Service in response to the growing incidence of domestic violence. Formerly known as Women and Juvenile Unit (WAJU), it was renamed DoVVSU. • Department of Social Welfare: They have the mandate to assist survivors with rehabilitation and reintegration. They have trained social workers but apart from their ability to provide shelters for abused children, they do not have shelters for adult survivors.
Ghana Police Service Most acts of GBV in the private sphere are crimes and also fall under the Domestic Violence Act and Criminal Offences Act. The Police is the first point of call for most survivors. The Domestic Violence Act of 2007 for instance makes provision for police assistance to victims and perpetrators of domestic violence. These include receiving complaints, offering advice about victims’ rights and about services available, helping victims to find a safe refuge if required, and providing assistance with free medical treatment and medical evidence for possible prosecution. Not all of them are however sensitive to the needs of survivors of GBV. The 2016 Domestic Violence study found that they lacked a lot in seeking to meet the needs of victims including private rooms, shelter facilities, counselling services, protection services, fees linked to medical examinations and advice on prosecution. The report chronicles challenges found in different regions at the time of the GFLHS in 2015.
Domestic Violence Victim Support Unit (DoVVSU) of the Ghana Police Service They have trained officers who see to the needs of survivors. They have offices in all 10 regional capitals and some districts. They however have a lot of challenges with their work. They do not have all the skills and resources needed to meet the needs of survivors, officers who are trained are transferred and replaced with untrained ones. There is therefore the need for continuous training for them. Also, as a sustainability measure, need to include this in pre-service curriculum of police schools/academies They lack other logistics to enable them to support survivors including
Social Welfare | Part Two 188 Part 2: Social Welfare temporary shelters and vehicles. In nine out of the ten DoVVSU districts sampled during the GFLHS of 2015, DoVVSU units or available DoVVSU staff did not have appropriate separate offices or offer victims privacy when reporting domestic violence and they often lack child friendly spaces within police stations.
Medical Services Child Health Units, which are units piloted by the Ghana Health Service in some medical facilities to assist children who are abused are available in limited places. The unit has rape kits and all that is required to support and treat abused children. However, since it is still being piloted it is not available around the country. Under the Domestic Violence Act, free medical service is to be provided for survivors who are taken to a medical facility by the Police. However, this aspiration is yet to be realised. (See section 6 of the Domestic Violence Act).
Legal Aid Scheme This is the national legal aid programme that offers legal assistance to indigent persons. Survivors may be referred to them to assist with other civil aspects of GBV cases. They have offices in most regional capitals and in a few districts. The challenge is that they have a limited number of lawyers.
Ministry of Gender Children and Social Protection A number of organisations have handed over shelters for survivors that they put up but they have not been able to operate them. The Ministry however managed to enact the long awaited implementation legislation for the Domestic Violence Act called the Domestic Violence Regulations, 2016 (L.I.). Under the Domestic Violence Regulations 2016, many processes have been outlined • to make access to the courts easier, • standards have been set up for putting up and monitoring shelters, • standards for counsellors have been outlined, • means of accessing the Victims of Domestic Violence Support Fund among others Many people are however not aware of this law.
The Judiciary For domestic violence cases, the court has the right to grant protection orders and occupation orders to ensure safety for and to give relief to survivors. Such cases can be handled at the GBV Courts at the Circuit Court or at the High Court. The Family Tribunals that are at the District Court level also handle child support cases. A case involving a child can be referred from the Circuit or High Court to the Family Tribunal. The GBV courts that are being equipped to handle GBV cases are however not available everywhere in the country and therefore access to this specialised court is a challenge.
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National Labour Commission and CHRAJ In case of GBV in the workplace the NLC hears such cases and makes rulings but they have limited number of offices and enforcement of their rulings is through court action. Because GBV is also a human rights issue it can also be referred to CHRAJ but eventually the ruling will be through the courts.
Non-state Institutions • NON STATE ACTORS – Apart from the state actors who assist victims, there are several NGOs that offer services to survivors of GBV. Most of them collaborate with government in the provision of services for survivors. The key challenge they have is with funding to support their activities in helping survivors of GBV. Some of these organisations include the following: Gender and Human Rights Documentation Centre; The Ark Foundation; FIDA Ghana, Legal Aid Centre • Other NGOs and Community Based Organisations operating at the community level offer various services at the community: Some like the Legal Resources Centre offers legal services to all poor people and may handle some GBV cases. • Traditional leaders: At the community level some Traditional Authorities including Queen mothers also provide shelter for survivors and mediation services. Professionals & specialised institutions: There are professionals to whom some survivors are referred to or go to see to report cases of GBV. These include Clinical Psychologists and Other Counsellors. There are a number of clinical psychologists who offer counselling services to survivors of GBV. Some have volunteered to work with the Police to assist them and others offer subsidised or free services to victims. Remember! – As a Social Work Officer and Community Development Officer (or CP worker) you need to know places that you can refer survivors to for various services they may need. iii. Reporting of Sexual and Gender Based Violence
Filing of Complaints • Acts of SGBV are expected to be reported to various institutions. However, in reality there are several challenges. • Under the Domestic Violence Act all acts of domestic violence are to be reported to the Police. The Domestic Violence Regulations, 2016 (L.I. 2237) has developed forms for reporting and for processing by the courts. • The procedure for reporting is set out in Section 6 of the Domestic Violence Act that indicates
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as follows:
Filing of complaint with police • 6(1)” A victim of domestic violence or a person with information about domestic violence may file a complaint about the domestic violence with the police. • (2) A child may be assisted by a next friend to file a complaint on domestic violence • (3) Despite subsection (1) a social worker, probation officer or health care provider shall file a complaint about domestic violence where the intervention is in the interest of the victim. • (4) A member of the victim’s family may file a complaint on behalf of the victim where the victim is for any reason unable to file a complaint personally • (5) A deceased person’s personal representative or a member of the deceased’s family or another person competent to represent the deceased may file a complaint where a person who could have been a complainant under this Act has died,’ • (6) A complaint about domestic violence shall be filed with the police at the place where • (a) the offender resides, • (b) the victim resides, • (c) the domestic violence occurred or is occurring, or • (d) the victim is residing temporarily, where the victim has left his or her usual place of abode. The protocol for the receipt of cases by the Police are set out in sections 7 and 8 of the Domestic Violence Act - Assistance by the Police • 7. A police officer shall respond to a request by a person for assistance from domestic violence and shall offer the protection that the circumstances of the case or the person who made the report requires, even when the person reporting is not victim of the domestic violence.
Receipt of complaints by the Police and free medical treatment • 8. (I) When a police officer receives a complaint under section 6(6), the officer shall ‘” (a) interview the parties and witnesses to the domestic violence including children, (b) record the complaint in detail and provide the victim with an extract’ of the occurrence upon request in a language the victim understands, (c) assist the victim to obtain medical treatment where necessary, (d) assist the victim to a place of safety as the circumstances of the case or as the victim requires where the victim expresses concern about safety,
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(e) protect the victim to enable the victim retrieve personal belongings where applicable, (f) assist and advise the victim to preserve evidence; and (g) inform the victim of his or her rights and any services which may be available. • (2) Police assistance to a victim under subsection (1) (c) consists of issuing a medical form to the victim and where necessary sending the victim to a medical facility. • (3) A victim of domestic violence who is assisted by the police to’ obtain medical treatment under subsection (c) is entitled to free medical treatment from the State. • (4) In case of emergency or a life threatening situation, a victim of domestic violence may receive free medical treatment pending a complaint to the police and the issuance of a report.
In spite of these provisions due to the lack of resources the Police are not able to perform to the optimum level and there are a lot of challenges.
Other avenues for referral Other types of GBV have to be reported to relevant authorities (acts including the following): • School authorities: In schools it has to be reported to the school authorities for action to be taken. It can also be reported directly to the Police. • National Labour Authority: At the workplace it can be reported to those in authority and if they do not act then to the NLA. Depending on the nature of the abuse it can also be reported to the Police. • For violence perpetrated by a state official, the existing institutions like the Police and CHRAJ can be the point of reference depending on the nature of the violation. iv. Challenges with Reporting GBV Cases The 2016 Study on Domestic Violence concluded that just over one in every three women and men who experienced domestic violence approached a person or formal or informal organisation for help or support. The majority of respondents who sought help first approached family members or a friend (66.2% of men and 77.6% of women), whereas 14.6% of men and 9.0% of women first contacted the Police for help. • These findings suggest that individuals who experience domestic violence only resort to external help in extreme circumstances, and that domestic violence may still be considered largely a private matter. • Poor district help: Factors for those low levels of trust included the cost of services, lengthy or ineffective delays in the handling of cases, and corruption. Lack of resources by DOVVSU was also mentioned in the study. • Individuals also considered the violence as normal or not serious and did not know who
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to ask. • Furthermore, distrust of and poor experiences with state authorities and public services contributed to not seeking help • Identification of cases; lack of information on services available; stigma to report violence against children; stigma to self-report GBV (domestic violence, rape, etc.), acceptance of violence; social norms difficult to change, etc.
Remember to state that aside the processes listed above, the victim may also need other complementary services such as shelter, food, clothing, counselling. Also remember to state that the way survivors are handled determines whether or not they will use existing state institutions or encourage others to do so. The GBV Courts have to bear this in mind and handle cases and survivors in a sensitive manner.
v. Aligning SGBV Case Management with International Best Practices • The SDGs have a strong focus on eliminating all forms of harmful practices and GBV • The United Nations Declaration on the Elimination of Violence Against Women (1993) A/ RES/48/104 – Passed by the UN General Assembly on 20th December 1993 calls on member States to address violence against women effectively. Article 4 calls for states to condemn violence against women and among others. • (f) Develop, in a comprehensive way, preventive approaches and all those measures of legal, political, administrative and cultural nature that promote the protection of women against all forms of violence, and ensure that the re-victimization of women does not occur because of laws insensitive to gender considerations, enforcement practices or other interventions; • (g) work to ensure, to the maximum extent feasible, in the light of international cooperation, that women subjected to violence and, where appropriate, their children, have specialized assistance, such as rehabilitation, assistance in childcare and maintenance, treatment, counseling and health and social services, facilities and programmes as well as support structures, and should take all other appropriate measures to promote their safety and physical and psychological rehabilitation. • Beijing Declaration and Planfor Action (1995)- This was the document that came out of the Fourth World Conference on Women held in Beijing. A number of Strategic Objectives were set out in the document for Government and other actors to follow-to address Violence Against Women. Among the actions to be taken by Government is to: • “Provide women who are subjected to violence against access to the mechanisms of
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justice and, as provided for by national legislation, to just and effective remedies for the harm they have suffered and inform women of their rights in seeking redress through such mechanisms.” • Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa of 2003 (Maputo Protocol) – This calls on state parties to ensure that they effectively address violence against women. In Article 4 it is indicated that state parties should “adopt such other legislative, administrative, social and economic measures as may be necessary to ensure the prevention, punishment and eradication of all forms of violence against women.
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Session 4: Child Marriage, Why it occurs in Ghana and the Negative Impacts
Child marriage is a global phenomenon, recognized as one of the major impediments to the development of a country and the full realization of the rights of children. In the year 2014, the Government of Ghana accepted the universal call to end child marriage in accordance with several international conventions and declarations and took measurable steps to address the issue comprehensively across the nation. A national campaign to end child marriage in Ghana was officially launched on 10th February, 2016. This session discusses with participants the negative impacts of child marriage and what needs to be done to end child marriage as well as what the laws in Ghana say about child marriage.
Facilitators’ Action a. Introduce the session by reminding participants that a bit was mentioned about child marriage in Module 2 as part of issues of protection violations. Add that child marriage is a global phenomenon, recognized as one of the major impediments to the development of a country and the full realization of the rights of children. b. Ask participants to describe their understanding of what Child Marriage is, why it occurs in Ghana and what some of the negative impacts of Child marriage are on the adolescent girl and her life outcomes. c. Use the Facilitators’ Notes 2.4.4 - Child Marriage to define child marriage, why it occurs, its negative impacts on the adolescent girl as well as what needs to be done to end child marriage. d. Reaffirm what the legislation in Ghana says about child marriage by using the information in the text box below e. Also reaffirm that cases of child marriage in Ghana, just like any other SGBV, should be reported to the relevant authorities including: DOVVSU, CHRAJ, Department of Social Welfare, Ministry of Gender Children and Social Protection, Legal Aid, Ghana Education Service, etc. for law enforcement and child and family welfare support services. Child marriage is illegal in Ghana. Both the 1992 Constitution and the 1998 Children’s Act set the legal age for marriage at 18 years for both girls and boys. Section 14 (1) (a) (b) and (c) of the Children’s Act provides that: “No person shall force a child to be betrothed; to be the subject of a dowry transaction; or to be married… any person who contravenes this provision commits an offence and is liable on summary conviction to a fine not exceeding 5 million Cedis or to a term of imprisonment not exceeding one year or to both.”
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Facilitators’ Notes 2.4.4 - Child Marriage- What needs to be done to end it
Child marriage, defined as a marriage or informal union where one or both parties are below 18 years of age, is fundamentally a human rights issue. It leads to a denial of affected girls’ and boys’ rights to education, health and security and the right to choose when and whom to marry. Furthermore, child marriage robs the affected children of their dignity and prevents them from realizing their full potential and contribution to society. Though child marriage involves both sexes, girls are disproportionately affected. Globally, more than 700 million women living today were married before their 18th birthday. Out of this number, more than one in three were married before they turned 15. In sub-Saharan Africa, a staggering 40% of girls marry before age 18. African countries account for15 of the 20 countries with the highest rates of child marriage90. i. Child Marriage as a Form of Gender-Based Violence91,92 Demographic and Health survey released in 2014 shows that while prevalence has decreased slightly over the past three decades, rates of progress need to be scaled up dramatically, simply to offset population growth in the countries where the practices are most common. Worldwide, more than 700 million women alive today were married as children. More than 1 in 3 – or some 250 million – girls were married before 15. Girls who marry before they turn 18 are less likely to remain in school and more likely to experience domestic violence. Young teenage girls are more likely to die due to complications in pregnancy and childbirth than women in their 20s; their infants are more likely to be stillborn or die in the first month of life. While data from 47 countries show that, overall, the median age at first marriage is gradually increasing; this improvement has been limited primarily to girls of families with higher incomes and girls in school. But without far more intensive and sustained action now from all parts of society, hundreds of millions of more girls will suffer profound, permanent, and utterly unnecessary harm. If rates of decline seen in the past three decades are sustained, the impact of population growth means the number of women married as children, (more than 700 million) will remain flat through 2050. Doubling the rate of decline would bring the number of women married as children down to 570 million by 2030 and 450 million by 2050. ii. Situational Analysis and Trends of Child Marriage in Ghana93 1 in 5 girls (21%) is married or in union before age 18 and marriage before age 15 is rare for girls in Ghana (1 in 20 girls). It is a gender based violence concern. Only 4% of boys affected compared to 21% of girls by age 18. For girls living in the three Northern Regions of Ghana (Northern Region, Upper East and Upper West regions), this number increases to 1 out of 3 girls (34%). 90 Human Rights Watch, “Ending Child Marriage in Africa.” 2015 page 3 (cited in the National Strategic Framework on Ending Child Marriage in Ghana 2017-2026, Ministry of Gender, Children and Social Protection and UNICEF, November 2016) 91 Planned Parenthood Association of Ghana (PPAG) “KnowItOwnItLiveIt” Comprehensive Sexuality Education Manual for Young People 2017 92 UNICEF, State of the World’s Children, 2009 93 Ghana Demographic Health Survey, 2014,
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Girls in rural areas are much more likely to marry during childhood than girls in urban areas. In every region of Ghana, the poorest women are more likely to have been married during childhood than their richer counterparts. Across Ghana, uneducated young women are twice as likely to have married in childhood as those who attended secondary school or higher. The prevalence of child marriage in Ghana has been declining over the past 25 years. Child marriage is becoming less common in Ghana; 1 in 5 young women today were married before 18, compared to 1 in 3 in the early 1990s. But the adolescent population in Ghana is fast growing. If the prevalence remains at the levels seen today (21%), there will be more child brides each year as the population grows. iii. Why does Child Marriage Occur in Ghana Poverty, Teenage pregnancy, Lack of alternative livelihoods and employability opportunities, Cultural and traditional practices (e.g. puberty rights, unacceptability of pregnancy out of wedlock), Gender inequality/discrimination, Challenges in legal and policy implementation (failure to enforce the law), Individual choices and peer pressure (e.g. attraction of cultural and financial value attributed to marriage/motherhood; adolescent need to explore sexuality in ‘culturally accepted manner’; livelihood strategy to cope with basic unmet needs, etc.). It is therefore as much of a violence issue as a socio-development issue iv. Negative Impacts of Child Marriage • Child marriage affects child development and the development of society in general • Unintended pregnancy and childbearing can profoundly alter adolescents’ lives, undermining physical health, educational attainment, economic opportunities, and ability to participate in public life • Increased health risks, including increased maternal and newborn mortality and morbidity, anaemia, Obstetric fistula • Increased risk of sexually transmitted diseases e.g. STIs, HIV/AIDS • Higher risk and exposure to domestic violence and sexual abuse for adolescent girls • Poorer health and development outcomes for newborns • Psychological and emotional stress • Limited social networks and social isolation • School drop-out and limited educational attainment • Inter-generational cycle of Poverty • Limited empowerment, life skills and financial independence for child brides/mothers
Part Two | Social Welfare 197 Part 2: Social Welfare v. Ending Child Marriage in Ghana – What does the law say Child marriage is illegal in Ghana. Both the 1992 Constitution and the 1998 Children’s Act set the legal age for marriage at 18 for both girls and boys. Section 14 (1) (a) (b) and (c) of the Children’s Act provides that: “No person shall force a child to be betrothed; to be the subject of a dowry transaction; or to be married… any person who contravenes this provision commits an offence and is liable on summary conviction to a fine not exceeding 5 million Cedis or to a term of imprisonment not exceeding one year or to both.” Cases of child marriage in Ghana should not be settled informally, but should be reported to the relevant authorities including: DOVVSU, CHRAJ, Department of Social Welfare, Ministry of Gender Children and Social Protection, Legal Aid, Ghana Education Service, etc. for law enforcement and child and family welfare support services vi. Ending Child Marriage in Ghana– What role should everybody play Child Marriage is a complex issue. It requires a cross-sectoral response Girls and Boys should report any case of marriage that is forced on themselves or children they might know to relevant authorities or trusted adults for follow-up support. They should also focus on their education, goals and aspirations, and delay marriage/informal unions until age of full maturity. Adolescent mothers/wives should be supported to return to school. • Parents and Families should: desist from arranging marriages and focus on girls’ and boys’ education, development and wellbeing. Report any child marriage case that may come to their attention and support adolescent mothers to return to school rather than marry during childhood • Communities should work together to review harmful cultural practices that contribute to child marriage • Religious Bodies should preach against any tradition and customs that restrains the development and wellbeing of the child. Sanctions should be imposed on members who flout laws • Decision Makers should: Develop and implement policies that support child protection and deter people from practicing child marriage. Ensure that employability and livelihood opportunities are available to the most vulnerable girls and households, and introduce poverty reduction strategies to empower women and girls economically and reduce exploitation risks • Law Enforcement Agencies Should: Enforce Laws as a deterrent to perpetrators and secure justice for victims and survivors • Government Services and CSOs should coordinate in the provision of prevention and response care services to adolescent girls at risk or affected by child marriage and their families (e.g. psycho-social support, counselling, safe shelter, legal support, school reintegration, youth friendly health and maternal care, etc.) • The Ministry of Gender Children and Social Protection (MoGCSP) should: Lead advocacy
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under the National Campaign on “Ending Child Marriage in Ghana”; Coordinate the implementation of the National Strategic Framework on Ending Child Marriage in Ghana (2017-2026)- which mirrors Ghana’s pledge to end child marriage • Society in General: It is said that “it takes a community to raise a child”, therefore society must help invest in the future of teenage girls to enable them to contribute to national development. It is our collective responsibility to end child marriage. vii. Responding to Child Marriage when it has occurred Under Objective 3 of the National Strategic Framework on Ending Child Marriage in Ghana 2017- 2026, the key strategies include: 1) Increasing access and retention of adolescents, particularly girls, to primary, secondary and complementary basic education; 2) Increasing access of girls, boys and married adolescents, to friendly adolescent health information and services including family planning and 3) Increasing access of out of school girls and married or teenage mothers to vocational learning and training opportunities to improve their livelihoods through the strengthening/expansion of the national vocational skills development programme. • The victims of child marriage need to be supported to pursue their educational dreams and career goals including skills development. E.g. with motivation from peers to return to school, assistance from their families – taking care of the children for the girl/boy to be able to go back to school • The victims should be encouraged to be part of a Girls’ Club so they would be surrounded by a tight knit group of girls who understand and know their rights, and who are not afraid to claim those rights. The clubs will also help these girls to have a platform to discuss and address relevant concerns or challenges they face in their marriages and in their lives as a whole. The clubs also provide positive peer to peer mentoring and network of support • The Education Directorate, Department of Social Welfare, Department of Children, Department of Gender, the Ghana Police Service etc. must also work together with the girls’ consent to rescue them from marriage and identify viable alternatives. The Chiefs, other traditional leaders and religious leaders need to be educated for them to support the apprehension of anyone who engages in the practice in order to protect girls education and positive development in the communities.
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Session 5: Teenage Pregnancy - Risks Factors and Harmful Effects
Teenage pregnancy is a term used to describe pregnancies that occur in girls aged 19 years or younger and large proportion of teenage pregnancies are unwanted or unplanned, and out of wedlock94. Teenage pregnancy and motherhood can have several negative consequences for adolescent girls and young women. It can end a teen girl’s ability to pursue education and job opportunities, which has implications for her position and potential contribution to society. Therefore, teenage pregnancy is one of the main obstacles to the girl’s education and career development. This session discusses with participants what teenage pregnancy is, why it occurs, the negative impact of teenage pregnancy on the adolescent girl, what can be done to prevent it and how to respond to it when it has occurred.
Facilitators’ Action a. Once again show the participants the Flashcard of a teenage pregnant girl and ask one or two volunteers to define Teenage Pregnancy. b. Ask the participants • why they think teenage pregnancy occurs in Ghana, • what are the main risk factors and causes of teenage pregnancy, • What are the effects of teenage pregnancy (on the mother, the child, the family and society) and the health risks associated with it • What needs to be done to end teenage pregnancy c. Continue the discussion by using the Facilitators’ Notes 2.4.5 - Teenage Pregnancy and its effects on the Adolescent Girl d. In the same Background Note, highlight the linkage between adolescent pregnancy and obstetric fistula and its negative consequences (using text box below) e. Carry out the Circle of Support Activity using the instructions provided in the CP Toolkit Facilitators’ Guide for the main Toolkit. Then ask the participants to mention some of the challenges a teenage mother goes through and what are the things that parents, peers and community members can do to support her to overcome such challenges e.g. • provide counselling and emotional support, • help register the baby and get birth certificate,
94 Planned Parenthood Association of Ghana (PPAG) “KnowItOwnItLiveIt” Comprehensive Sexuality Education Manual for Young People 2017
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• help her go back to school by helping to take care of the baby, • help her take care of herself and the baby, • help her develop livelihoods and employability skills, etc. f. Make reference to the fact that often teenage pregnancy in Ghana results from sexual exploitation of girls in exchange for basic goods (e.g. food, clothes, sanitary pads), or can be caused by sexual violence, including defilement and rape, therefore it is a big child protection concern. It is of critical importance to understand its causes and provide the adolescent mother and her family with the required care and support services based on her circumstances. g. Conclude the session by asking participants what support they think the parents and family of a teenage mother would need to help deal with the challenges teenage pregnancy presents to the parent, family and the community as a whole. Encourage them to use examples they have encountered in their line of duty as CP professionals or actors. h. After a few responses from the participants use the points listed under the portion ofthe Facilitators’ Notes on Teenage Pregnancy and its effects on the Adolescent Girl that talks about addressing the Peculiar Needs of the Adolescent Mother and their families to firm up the discussions and conclude the session.
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Facilitators’ Notes 2.4.5 - Teenage Pregnancy and its effects on the Adolescent Girl
Teenage pregnancy is a term used to describe pregnancies that occur in girls aged 19 years or younger. A large proportion of teenage pregnancies in Ghana are unwanted or unplanned, and out of wedlock. Teenage pregnancy and motherhood can have several negative consequences for adolescent girls and young women. i. Key statistics on Teenage pregnancy in Ghana The rate of teenagers (15-19 years) who had begun child bearing (either pregnant with first child or have already had a live birth) in Ghana is reported to have declined from 22% in 1993 to 13% in 2008 and increased to 14% in 201495. ii. Risk Factors and Causes of Teenage Pregnancy include: • Ignorance/ Misinformation/Unwillingness in use of contraceptives • Poverty which leads to sexual exploitation of girls • Lack of guidance to adolescent girls and boys (e.g. broken homes, family conflicts, etc.) • Child marriage • Child sexual violence (Incest, Rape, etc.) iii. Effects of Teenage Pregnancy
Physical and Health effects on the mother • The mother can become anaemic and her growth is slowed, especially if she does not eat nutritious meals • High incidence of pre-eclampsia, swelling of the face, hands and feet • Prolonged labour (leading to caesarean session) • Obstetric fistula • Sexually transmitted diseases, including STIs and HIV (if the sexual intercourse was unprotected) • Maternal and new-born mortality and morbidity (illness)
95 Situational Analysis of Adolescent Girls and Young Women in Ghana – Synthesizing Data to Identify and Work with the Most Vulnerable Young Women, Population Council, Ghana and UNFPA Ghana (2017)
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Effects on the child • Due to the limited parenting skills of the teenage mother, stress and pressure, the child may also experience a hostile/violent home environment which would affect his/her physical, emotional and mental wellbeing • It is possible that children feel rejected and have emotional and development problems because teenage parents do not want them and/or cannot give the material and emotional nurturing needed • Babies born are underweight and mostly premature resulting in higher mortality, morbidity and worse nutritional status • This in the life of the child could potentially perpetrate a vicious cycle where children of teenage parents may also end up becoming pregnant in their teens
Socio-economic effects • The teenage mother often drops out of school with little or no training and is therefore, limited to low-paying jobs with little or no status. Teenage fathers have higher chances to continue their schooling/jobs. • The teenage mother is usually financially dependent on her parents or partner andis therefore, in no position to support herself and her baby independently. • The teenage mother can experience barriers in returning to school after delivery due to the stigma associated, and the responsibility of looking after her baby. • The immaturity, poverty and lack of stability can perpetuate a vicious cycle where children of teenage parents can also experience hardship/violent home environment/have limited life opportunities/become teenage parents. • Teenage mothers may be rejected by their parents, relatives and friends. They might even be rejected by the men responsible for the pregnancy, at times carrying the burden of being single mothers. • Out of fear or embarrassment and shame, adolescent mothers may be forced/recur to have an unsafe abortion which could be fatal or leave her infertile or with a life-long disability. • Increased likelihood of having a malnourished child since the mother may not have the knowledge, skills, resources or time to adequately care for the child.
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What is an obstetric fistula and how does it affect women and girls? • An obstetric fistula is an opening between the vagina and the bladder or rectum, or sometimes both, which allows urine and/or faeces to leak continuously • When a woman or adolescent girl experiences blocked labour and has no access to a caesarean section procedure, the prolonged pressure of the baby’s head on the tissue between the bladder or rectum, and the vagina can cause an opening, called a fistula • In most cases, the baby dies because of the prolonged labour. For the woman or adolescent girl, the on-going smell of leaking urine or faeces, or both, is constant and humiliating • Many women and girls with this condition are abandoned by their husbands and avoided or shunned by their family, friends, and communities • Untreated, fistula can lead to chronic medical problems, including ulcerations, kidney disease, and nerve damage to the legs • Obstetric fistula can be treated through surgery
iv. Ending Teenage Pregnancy- A collective responsibility • A multi-sector approach is needed to curb teenage pregnancy and motherhood • Partners should work together to implement sustainable behaviour change interventions in reproductive health and family planning to help prevent teenage pregnancy • Under Objective 3 of the National Strategic Framework on Ending Child Marriage in Ghana 2017-2026, key strategies include: • Increasing access of girls, boys and married adolescents, to friendly adolescent health information and services including family planning • Support adolescent mothers’ re-entry in school after delivery • Empower in school and out of school adolescent girls and boys with comprehensive sexuality and relationship education (CSE) to ensure they have necessary information and skills to make informed decisions about their sexuality, and grow in a culture that values integrity, consent and respect in relationships between sexes • Local institutions, donors and development partners should embark on advocacy to raise awareness about the causes and consequences of teenage pregnancy and motherhood • These advocacy programmes should be directed at rural areas, adolescents with no education, from poorest households and those in regions that have high prevalence of teenage pregnancy and motherhood v. Addressing the Peculiar Needs of the Adolescent Mother and their families Apart of the effects of teenage pregnancy on the teenage girl, adolescent mothers and their families are presented with peculiar needs and hence they may require support. These include
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• psychological support in terms of psychosocial counselling for the teenage mothers and their families, • Promoting the teenage mothers’ well-being through adolescent friendly sexual and reproductive health counselling and services as well as age and gender sensitive anti-natal, peri-natal and post-natal services (GHS Safety Net initiative) • home visits by health official and child protection practitioners to enhance mother to child attachment and interactions and encourage breastfeeding practise, growth monitoring and vaccination • Promoting the fathers and extended family’s involvement in supporting the new mother by providing social and economic support to help take care of the additional needs of the teenage mother and her baby, • Support from the family for the teenage mother to return to school e.g. taking turns to look after the baby while the teenage mother goes to school. • The Ghana Education Service (GES) also has a policy that enables teenage mothers to return to school after delivery. • There is also their need for support in case the pregnancy is as result of defilement, rape, sexual exploitation. In this circumstance there are specific roles, mandate and responsibilities in terms of prevention/response services by DSW/DCD in this area. This has been described in the referral pathway for SGBV.
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MODULE 5 – ADMINISTRATION OF JUVENILE JUSTICE IN GHANA
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MODULE 5: ADMINISTRATION OF JUVENILE JUSTICE IN GHANA96,97,98,99,100
Ghana’s child welfare system has witnessed considerable improvement over the years. This can be attributed to the enhanced policy, legislative as well as institutional framework for child protection. It is important to note that children under 15 years of age constitute 38% of Ghana’s population101. Notwithstanding the improvement in the child welfare system, a number of children still live in difficult circumstances. Many orphans live out of the family setting and some of them live with foster parents. While other children are engaged in child labour or living and working in the streets, others are victims of trafficking. These circumstances in which children find themselves put them at an even greater risk of exploitation, abuse and exposure to criminal influences. The administration of justice is the process by which the legal system of a government is executed. The presumed goal of such administration is to provide justice for all those accessing the legal system102 and juvenile justice is an aspect of justice administration. As part of providing a safe and protective environment for children, it is also important to look at the aspect of justice administration that promotes children’s access to justice and addressing offending behaviours. Internationally, different approaches to promoting children’s access to justice and addressing offending behaviour have evolved over time and are rooted in particular traditions and social, political and cultural contexts. It is recognised that a justice for children system should reflect the values, expectations, aspirations and capacities of local families, communities, civil society and state actors. In 2010, the Government of Ghana and its partners recognised the need to review the existing measures in place for child protection in Ghana, which addressed child and family welfare and justice for children, in order to come up with a more comprehensive justice for children system fit for Ghana. This included the development of Justice for Children Policy, the Justice for Children Operational Plan, Integrating Child-Friendly Policing into the Ghana Police Service Student’s Manual, and the Probation Desk Manual among others. This module therefore discusses with participants the situation of the justice system for children in Ghana, the specialised agencies and institutions established to promote children’s access to justice, measures to prevent juvenile offending as well as the procedures for after care and re-integration.
96 Ghana Probation Desk Manual, Department of Social Welfare Ministry of Gender, Children and Social Protection, May 2018 97 Government of Ghana Justice for Children Policy, November 2015 98 Government of Ghana Justice for Children Operational Plan (J4COP), May 2017 99 Integrating Child-Friendly Policing into the Ghana Police Service – GPS, Student’s Manual, October 2016, UNICEF 100 Child and family Welfare Policy, 2015, Ministry of Gender, Children and Social Protection 101 Ghana Statistical Service (October 2012) Population by Region, District, Age Groups and Sex, 2010, Accra 102 https://en.wikipedia.org/wiki/Administration_of_justice
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The sessions under this module are: • Session 1: Overview of the Situation of the Justice System for Children in Ghana • Session 2: The Justice System for Children in Ghana • Session 3: Interacting with Juveniles and Children in Justice Processes • Session 4: Sentencing of Juveniles • Session 5: Probation: Commencement, Planning and Management • Session 6: Juvenile Aftercare, Reintegration, Planning and Management
Learning Objectives
By the end of this module participants would be able to: • Describe the overview of the situation of the justice system for children in Ghana • Describe the system of justice administration for children and the specialized agencies and institutions established to promote children’s access to justice • List the highlights of the Justice for Children Policy and Operational Manual • Describe the processes involved in interacting with juveniles and children in the justice system • Explain factors contributing to juvenile offense and describe the measures to prevent juvenile offending • Describe and explain the probation officers’ role in sentencing of juvenile offenders • Explain the process involved in probation such as commencement, planning and management • Explain the procedure for after care and reintegration, enforcement of licence, progress report and full discharge of a case
Estimated time: 4 hours
Materials • Ghana Probation Desk Manual, Department of Social Welfare, Ministry of Gender, Children and Social Protection, May 2018 • Government of Ghana Justice for Children Policy, November 2015 • Government of Ghana Justice for Children Operational Plan (J4COP), May 2017
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• Integrating Child-Friendly Policing into the Ghana Police Service – GPS, Student’s Manual, October 2016, UNICEF • The National Child and family Welfare Policy, Ministry of Gender, Children and Social Protection, 2015 • Matrimonial Causes Act; Juvenile Justice Act; Children’s Act; Persons with Disability Act; Human Trafficking Act; Domestic Violence Act, etc. • Power Point Presentations • Facilitators’ Notes on specific topics • Handouts on case scenarios • Flip Charts, • VIPP Cards, • Markers of different colours • Masking Tape, • LCD Projector and a Laptop
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Session 1: Overview of the Situation of the Justice System for Children in Ghana103
Ghanaian children have historically grown up in closely connected extended family networks, with strong cultural traditions governing their birth, socialisation and upbringing. In many communities, particularly in rural areas, members of the wider extended family are expected to participate in the upbringing of children. Although the extended family network remains intact in much of the country, poverty, rapid rural–urban migration patterns and family breakdown have presented challenges, at times resulting in the break-up of extended family support networks and undermining the commitment to care for children by lineage groups. This in turn has led to an increasing demand for access to justice to address issues of child custody, maintenance and paternity, acts of violence as well as crimes against children, and children in conflict with the law. This session discusses with participants an overview of the situation of justice system for children in Ghana, a few highlights of the Justice for Children Policy, underlying factors contributing to juvenile offending as well as measures to prevent juvenile offending.
Facilitators’ Action a. Introduce this module by summarizing the introductory section of the module. Add that Ghana’s child protection and welfare system has witnessed considerable improvement over the years due to the enhanced policy, legislative as well as institutional framework for child protection. However a number of children still live in difficult circumstances that put them at an even greater risk of exploitation, abuse and exposure to criminal influences. Internationally, different approaches to promoting children’s access to justice and addressing offending behaviours have evolved over time and are rooted in particular traditions and social, political and cultural contexts. b. Add that this module focuses on the situation of the justice system for children in Ghana, the specialised agencies and institutions established to promote children’s access to justice, measures to prevent juvenile offending as well as the procedures for after care andre- integration. c. Now list all the learning objectives of the module on the flip chart or project on an LCD projector and ask participants to explain what they understand by each of them. Allow for questions from participants for clarifications, however if the answer to a question from a participant would be addressed fully in one of the sessions, inform them that they should note it for further discussions in that particular session. d. To discuss the overview of the situation of justice for children in the country, present to them the key points provided in the Facilitators’ Notes 2.5.1a - the Overview of the Situation of the Justice System for Children in Ghana. Allow for questions and contributions from participants with examples of cases they have managed before proceeding to the next step.
103 Government of Ghana Justice for Children Policy, November 2015
Social Welfare | Part Two 210 Part 2: Social Welfare e. At this point remind the participants of the highlights of the Justice for Children Policy (J4CP) that was discussed in Session 3 of Module 2 in the Part 1 of the manual. Ask them what they remember from the discussions of that session and stress on the policy statement, rationale and objectives and the key guiding principles. You can also refer to the PPT 1.2.3. f. Remind them that the overall goal of theJ4CP is to improve access to justice for children in line with acceptable standards, values and beliefs of the formal and community justice system. It also aims to promote greater cooperation between the formal and the community justice systems to work together as a cohesive national system that ensures access to justice for all children. g. Add that one key objective of the policy is to Prevent Juvenile Offending but in order to do that there is the need to know what underlying factors contribute to juvenile offending. h. At this point divide them into four groups. Let Groups 1 and 2 discuss the underlying factors contributing to juvenile offending while Groups 4 and 5 discuss measures that can be put in place to prevent juvenile offending. i. Allow them time to discuss extensively and let them present at plenary. Let Group 1 present the outcomes of their discussion on the underlying factors contributing to juvenile offending listing the factors on a flip chart. Ask Group 2 to also present the outcomes of their discussions but to present only the points Group 1 had not presented already. Allow the wider group of participants to ask questions and contribute to the points presented by Groups 1&2. Use the key points on the Underlying Factors Contributing to juvenile offending provided in the Facilitators’ Notes 2.5.1b - Measure to Prevent Juvenile Offending to guide and contribute to the discussions. j. Repeat same for Groups 4&5 allowing Group 4 to first present the measures that can be put in place to prevent juvenile offending followed by Group 5 presenting the points they discussed that were not mentioned by Group 4. Again allow the wider group of participants to ask questions and contribute to the discussions and use key points provided in the Facilitators’ Notes 2.5.1b - Measure to Prevent Juvenile Offending to guide and contribute to the discussions. k. Ask participants that in their opinion and from their experience working with juvenile offenders, what are the possible consequences of juvenile offending. As much as possible list the points they would raise on the flip chart allowing them to use examples from the experiences they have had in their line of duty. l. To conclude the discussions on this session using the points in the text box below to firm up the discussion. Be sure to stress that in essence of the consequences of juvenile offending, intervening early “not only saves young lives from being wasted,” but also prevents the onset of adult criminal careers and reduces the likelihood of youth becoming serious and violent offenders. This in turn reduces the burden of crime on society, and saves taxpayers billions of cedis. It is therefore more important and cost effective to prevent juvenile offending than to wait for it to occur before seeking juvenile justice.
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Consequences of Juvenile Offending The problem of juvenile delinquency/offending has potentially negative effects on both the individual involved and the development of the country as a whole. The behaviour of the juveniles put an enormous drain on the resources of a country in terms of cost of policing and courting, and the costs of treatment and incarceration. However, during their time of serving a sentence or facing the consequences of their actions, the aim is to reform and rehabilitate the lives of these young ones as they learn a vocation or attend school despite their incarceration. Some of these children have to stay in correctional centres while their colleagues are in school and receiving training for the future. Delinquent youth are seven times more likely to have a history of unemployment and welfare dependence as an adult, and they are more likely to be divorced and to bear children outside of marriage. They are also much more likely to be rearrested at some point in their life 104 In essence, intervening early “not only saves young lives from being wasted,” but also prevents the onset of adult criminal careers and reduces the likelihood of youth becoming serious and violent offenders. This in turn reduces the burden of crime on society, and saves taxpayers billions of cedis. It is therefore more important and cost effective to prevent juvenile offending than to wait for it to occur before seeking juvenile justice.
104 Chung et al, 2005 as referenced in Evaluating the Effectiveness of Ghana’s Juvenile Justice System in Rehabilitating the Offender, by Abigail Boamah Osei, April, 2013, Thesis submitted to the Department of Business Administration, Ashesi University College, in partial fulfilment of the requirements for the award of Bachelor of Science degree in Business Administration
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Facilitators’ Notes 2.5.1a - Overview of the Situation of Children and the Justice System105
Ghanaian children have historically grown up in closely connected extended family networks, with strong cultural traditions governing their birth, socialisation and upbringing. In many communities, particularly in rural areas, members of the wider extended family are expected to participate in the upbringing of children. Although the extended family network remains intact in much of the country, poverty, rapid rural–urban migration patterns and the breakdown of the family have presented challenges, at times resulting in the break-up of extended family support networks and undermining the commitment by lineage groups to care for children. This in turn has led to an increasing demand for access to justice to address issues of child custody, maintenance and paternity, acts of violence as well as crimes against children, and children in conflict with the law. The lack of a comprehensive, national data on children in the justice system makes it difficult to assess the full nature and scope of these issues. A mapping of community perceptions of child protection issues conducted in 2010 highlighted that young people forming gangs, becoming involved in criminal activity and displaying unacceptable behaviours were problems in both rural and urban areas. Theft was identified as the most common offence committed by children, fighting, alcohol/drug use and sexual offences were also frequently highlighted as additional issues of concern. With respect to children in conflict with the law, available data from the courts suggests that a relatively low number of children are being formally processed through the formal justice system, particularly in the northern regions. Data from the Department of Social Welfare (now known as Department for Social Development) indicates that between 2005 and 2010, 1,409 persons under 18 years were placed on probation programmes for special rehabilitation. An analysis of available court data between 2011 and 2013 concluded that stealing was the most common type of offence committed by children (representing 50.7% of cases reviewed), followed by assault/causing harm (17.9%) and rape and defilement (12.4%). The majority of offenders (87%) brought before the juvenile courts between 2011 and 2013 were boys, and most were between the ages of 16 and 18 years. This is generally consistent with results of an analysis of District Court records from three regional capitals (Accra, Ho and Tamale) between 2002 and 2003. That study found that stealing accounted for 33% of the crimes committed by juveniles, and defilement accounted for 17%. Ninety percent of offenders were boys. Institutional placement and probation were the common sentences pronounced against juveniles. The average time to conclude a case was almost five months, with 81% of cases adjourned at least once, and an average of six adjournments overall.
105 Government of Ghana Justice for Children Policy, November 2015
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A study by the Humana Rights Advocacy Centre (HRAC) in 2012106, recorded 67% of students indicating that sexual comments take place in their school, and 49% of students also reporting sexual touching in their school. Nineteen percent of students indicated that rape or defilement occurred in their schools. This is higher than the figures reported in a 2009 study by Plan Ghana (with a figure of 15%) and a 2002 study by the Centre for Development Studies of the University of Cape Coast (with 11%). Sixty-one percent of students had not been told who to report cases of GBV to. Even though 63% of teachers that participated in the study indicated that there was a reporting procedure in place, none of the procedures described were documented; they were all anecdotal. Conflicts over custody, maintenance and paternity of children also seem to be of growing concern, and consume a significant percentage of the time and resources of all formal justice agencies. Disputes relating to child maintenance constitute the bulk of children’s cases dealt with by social workers (from Department of Social Development and Community Development Officers), Commission on Human Rights and Administrative Justice (CHRAJ), Domestic Violence Victim Support Unit (DOVVSU) and the Family Tribunal. A detailed analysis of 2,243 Family Tribunal cases in five District Court Registries (Community Centre, La, Jamestown, Ho and Tamale) found that the majority of cases (57%) related to maintenance, 11% custody, 9% paternity, 10% naming, 3% access, and 10% other issues107. Violence, abuse, exploitation, and neglect of children are also issues of growing concern. The number of cases officially reported to the DOVVSU of the Ghana Police Service had increased significantly from 1,128 in 2002 to more than 2,157 in 2013108. This included over 1,200 cases of defilement. It is not clear if this increase is due to increased incidents of abuse, or increased rates of reporting. Surveys including the Ghana domestic violence study in 2016109suggest that the actual prevalence of violence is significantly higher than formally reported. A 2009 study by Plan Ghana (as quoted in page 5 of the J4C policy) conducted in selected schools found that 14% of school children surveyed had been sexually abused, with 53% of sexual abuse occurring in school and 47% happening at home.
106 Gender Based Violence (GBV) in Ghanaian Schools, Humana Rights Advocacy Centre (HRAC), 2012 107 Government of Ghana Justice for Children Policy, November 2015 108 Data from DOVVSU. This includes cases of defilement, indecent assault, causing harm, incest, trafficking, abandonment, unlawful removal, stealing/adduction, exploitive labour and forced marriage etc. but not non-maintenance. (as referred to in the Government of Ghana Justice for Children Policy, 2015) 109 Institute of Development Studies (IDS), Ghana Statistical Services (GSS) and Associates (2016), Domestic Violence in Ghana: Incidence, Attitudes, Determinants and Consequences, Brighton: IDS.
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Facilitators’ Notes 2.5.1b - Measure to Prevent Juvenile Offending i. Underlying factors contributing to juvenile offending One of the key steps for the prevention is to know the underlying factors contributing to juvenile offending and to deal with those factors. Globally the number of children who lose their liberty as a result of youth crime is estimated to be not less than one million. The possible causes of these deviant behaviours of the youth may be poverty, broken homes, lack of education and employment opportunities, pressures and employment opportunities (UNICEF, 2006). There has yet to be comprehensive research on the underlying factors contributing to juvenile offending. A mapping of community perceptions of child protection issues conducted in 2010110 identified a number of factors perceived to be contributing to juvenile offending, including; • poverty, • negative influences from violent films and pornography, • peer pressure, • parents’ neglect and failure to provide for their children’s basic needs, • and drug and alcohol use. Similarly, community research undertaken in 2013111 identified the following factors that were perceived to be contributing to juvenile offending: • bad upbringing (41.4% of responses), including: • not enough discipline, • no good role models, • violence, abuse or neglect, • little or no education, • lack of religious or spiritual guidance, • parents addicted to drugs or alcohol;
• bad influences (26%), including • influence of gangs, • desire to impress peers, • bad influence of media,
110 Government of Ghana and UNICEF, 2011 111 Government of Ghana and UNICEF (2014) National Child Protection Study: Quantitative and qualitative research towards the strengthening of child protection in Ghana.
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• forced or pressured by adults or older children, • child is under the influence of drugs or alcohol; • economic reasons (20.7%), including • the need for money or items, • no options for advancement in community; • personal character (5.0%), including: • personality issues, • attention seeking, • failure to understand right and wrong; • and risk-taking and making mistakes (2.2%), including the fact that risk taking and making mistakes are a normal part of growing up. ii. Measures to Prevent Juvenile Offending112 According the J4C Policy the justice for children system will emphasize the development of proactive, preventive measures, rather than simply reacting to crimes or conflicts after they have occurred. Measures will be taken to reduce children’s vulnerability to victimisation (violence, abuse, deprivation among others), to minimise family disputes relating to children, and to curb juvenile delinquency. The school system will also play an important role in identifying at-risk children and in a collaborative way address children’s needs.
At risk child or vulnerable child: A child who is without proper parental care and supervision, and is therefore at-risk of being harmed, ill-treated, abused, exploited, or pushed into criminality, or whose physical or mental health is therefore likely to be impaired (Children’s Act 1998 (Act 560) sec. 18; Domestic Violence Act, Human Trafficking Act, etc.).
The first Objective of the Justice for Children Policy is to prevent juvenile offending andthe strategy to achieve this objective is to strengthen families and develop interventions to prevent juvenile offending. As the prevention work centered on functional families is governed by the Child and Family Welfare Policy (CFWP) and done through regular dialogue among social workers/ community workers, children, families and communities, this objective specifically launches initiatives to further prevent children from offending and related damages associated with it. Thus in line with the Child and Family Welfare Policy, prevention services will be grounded in a family strengthening approach aimed at addressing the social factors that have the potential to put children at risk or bring them into conflict with the law. This will include:
112 Government of Ghana Justice for Children Policy, November 2015
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• Promoting family harmony and reducing family conflicts. • Supporting good parenting skills and increased parents’ understanding of child development. • Supporting the successful socialization of all children and fostering a sense of belonging to the family, school and community • Strengthening children’s ability to protect themselves • Providing support and assistance to children and families who are particularly vulnerable or at risk. Prevention work will be governed primarily by the Child and Family Welfare Policy, which calls for regular contact and dialogue between social workers/community development workers, children, families and communities to strengthen their capacity and functionality. The policy recognises the capacity of the school system to identify at-risk children and to collaborate with existing institutions to address their needs. This role, if well played, can minimise dropout rates which is one of the critical triggers of juvenile delinquency and crime. Families have a responsibility to promote the well-being of all of their members, especially children, and to find solutions when conflicts or behavioural problems occur. Parents and other family members have an essential role to play in protecting children from harm, instilling a sense of identity, discipline and respect, and for making amends within the community for children’s wrongdoings. Families may be the source of some problems, but they also generally have resources available and are willing to address their problems. Family heads are responsible for resolving matters relating to children at the family level. They are also responsible for seeking help and support within the community when in need of an external adjudicator to help resolve a family dispute, or when facing difficulties dealing with children’s behaviour problems at their level. iii. Some of the Initiatives for Preventing Juvenile Offending (according to the J4COP) • Empowering parents, guardians and families with rights based information and knowledge about available processes to address abuse to enable them to identify abused children leading to triggering of the community justice system (CJS – to be discussed in the next session) and to be more involved in the FJS when children are in conflict with the law • Empowering vulnerable children to better cope with situations to prevent juvenile offending and victimization • Equipping and empowering schools to identify vulnerable children or those at risk and to link them with the formal justice system for required interventions to prevent them from being abused and from the children becoming offenders • Strengthening and equipping justice sector institutions to interact more with the CJS and to develop and supervise more diversion programmes under the formal justice system (FJS- to be discussed in the next session) through call centres/CPCs/etc.; address e.g. gaming centres, bars, internet cafes; make helplines available; MMDAs to enforce bye-laws.
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Session 2: The Justice System for Children in Ghana113,114
A comprehensive approach to justice for children requires both the formal and community justice system to respond to civil and criminal cases involving children. The Children’s Act and the Juvenile Justice Act are premised on the establishment of a variety of specialised agencies and institutions to promote children’s access to justice. Significant progress has been made in putting these key institutions in place though some challenges still remain. Understanding the system for child justice, the variety of specialised agencies and institutions established to promote children’s access to justice as well as community processes for justice for children by participants is the focus of this session.
Facilitators’ Action a. Begin the session by summarizing the introductory section above, stressing that a comprehensive approach to justice for children requires both the formal and community justice system to respond to civil and criminal cases involving children. Understanding the system for child justice, the variety of specialised agencies and institutions established to promote children’s access to justice as well as community processes for justice for children is very important especially for Social Welfare Officers, who constantly are presented with cases with children involved, either with children in contact with the law or in conflict with the law. b. Ask participants to try and mention the 7 objectives of the Justice for Children Policy. List them on the flip chart and ask if they can list the strategies under the various objectives. c. Use the Facilitators’ Notes 2.5.2a - Justice for Children Policy Objectives and Strategies to provide them with the objectives correctly as listed in the policy. Also pick the objectives one after the other, then list the strategies under every one of them explaining tothe participants that all the interventions being carried out under the justice reform for children are hinged on these policy objectives and strategies. d. Allow the participants to explain each strategy as they understand them with examples and case scenarios. e. Inform them that the various sessions under this module will be looking at issues linked to implementing the strategies in order to achieve the policy objectives. Mention that for example this session on the Justice System for children is hinged on Policy Objective 2. f. Stress on this objective and its strategies looking at the strategies for the Formal Justice System and the ones for the Community/Informal Justice System and discuss them further.
113 Republic of Ghana Juvenile Justice Act, 2003 (Act 653) 114 Government of Ghana Justice for Children Policy, November 2015
Social Welfare | Part Two 218 Part 2: Social Welfare g. Allow participants to go back to their 4 groups and ask them to discuss and provide responses with examples or case scenarios for the following questions on flip charts. • What is juvenile justice and what does juvenile justice entail • What are the components of the juvenile justice system h. Allow Groups 1 and 2 to present their answers on the first question whiles Groups 3 and 4 present on the second question at plenary. After the presentation of every group allow participants from the other groups to ask questions and add to the definitions to make them complete (use in the text box below). i. Use the definitions and key points provided in the Facilitators’ Notes 2.5.2b - Justice System for Children in Ghana, to ensure the definitions presented by the various groups are what are accepted in the laws and policies of Ghana. j. After some discussions follow up by presenting the PowerPoint Presentation PPT 2.5.2 - Formal and Informal Justice Systems to discuss with participants the Formal and Informal Justice system and conclude the session allowing participants to ask questions and contribute to the discussions using examples from their experiences as well as case scenarios.
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Facilitators’ Notes 2.5.2a - The Justice for Children Policy Objectives and Strategies115
Seven objectives have been identified in the J4CP. These policy objectives with their respective strategies are as follows:
Objective 1: Prevent juvenile offending • Strategy 1.1: Strengthen families and develop interventions to prevent juvenile offending.
Objective 2: Promote formal and community justice systems to enhance access to justice for children in conflict with the law
Formal Justice System: • Strategy 2.1: Strengthen the formal justice system and make it more child-friendly during arrest, investigation, pre-trial, trial, and committal; • Strategy 2.2: Ensure legal assistance for children; • Strategy 2.3: Ensure greater efficiency in the process of prosecution and trial;
Community Justice System: • Strategy 2.4: Reform the Child Panels; • Strategy 2.5: Promote the use of community justice mechanisms and diversion at the community level; • Strategy 2.6: Establish an effective response and referral system between the community justice for children system and the formal system.
Objective 3: Strengthen programmes for rehabilitation, social reintegration and resettlement • Strategy 3.1: Strengthen social reintegration and resettlement of children to address juvenile delinquency and social needs of the juvenile; • Strategy 3.2: Increase the number of probation officers and enhance the professionalism of the justice for children delivery system.
115 Ghana Justice for Children Operational Plan (J4COP), May 2017
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Objective 4: Protect children as witnesses and victims of crimes • Strategy 4.1: Encourage family and community involvement; • Strategy 4.2: Provide victim/witness support services; • Strategy 4.3: Ensure the protection of the child’s dignity, safety and privacy in the entire trial process (protection of safety and privacy); • Strategy 4.4: Provide compensation to child victims; • Strategy 4.5: Provide free services for child victims (e.g. medical, counseling, legal etc.).
Objective 5: Promote access to justice for children involved in family and other civil proceedings • Strategy 5.1: Support community justice systems in dealing with civil cases; • Strategy 5.2: Adopt a new approach for dealing with child maintenance cases; • Strategy 5.3: Ensure legal and other representation for children; • Strategy 5.4: Reform of Family Court and enforcement of orders.
Objective 6: Guide the reform of laws, policies and procedures to improve access to justice for children • Strategy 6.1: Promote legal and policy reform.
Objective 7: Ensure the provision of financial and human resources for implementation of the policy • Strategy 7.1: Undertake analysis of and advocacy for adequate financial, technical and human resources required for an effective justice for children system
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Facilitators’ Notes 2.5.2b - The Justice System for Children in Ghana116
In keeping with the United Nations’ Common Approach to Justice for Children, the goal of the justice for children approach is to ensure that children are better served and protected by justice systems. It specifically aims at ensuring full application of international norms and standards for all children who come into contact with justice systems as victims, witnesses and alleged offenders; or for other reasons where judicial interventions are needed, for example regarding their care, custody or protection (Department of Social Welfare and UNICEF, 2011). Justice for children takes a broader approach than the traditional focus on juvenile justice and encompasses all aspects of the criminal, civil, and administrative justice system, including customary, religious and alternative dispute resolution mechanisms. It covers all proceedings affecting children, including: children alleged as, accused of, recognised as having infringed the penal law; child victims and witnesses; and children coming into contact with the justice system for other reasons, such as regarding their care, custody or protection117. A justice system is comprised of both (1) state-run justice and law enforcement institutions, including the judiciary (criminal and civil), justice and interior ministries, the police, prisons, criminal investigation and prosecution services and (2) non-state justice mechanisms, i.e. the whole range of traditional, customary, religious and informal mechanisms that deal with disputes at community levels” (Department of Social Welfare and UNICEF, 2011). The Justice for Children System refers to the system proposed in the Justice for Children Policy for addressing legal issues affecting children and encompasses community justice interventions, as well as formal justice interventions by law enforcement agencies, juvenile courts, family tribunals, social welfare, legal aid, correctional services, CHRAJ, and the Attorney General’s Department. The ‘juvenile justice system’ is made up of the legislation, processes, institutions and personnel involved in the treatment of children accused of committing a criminal offence. Due to the specific needs and circumstances of children, this needs to be distinct from the workings of the regular adult criminal justice system. However, in reality there are problems with the system. There is no one single system but a complex mixture and overlap between many different systems: children pass through processes, institutions and personnel from a variety of different government departments, agencies and organizations such as the police, social welfare and probation departments, the judiciary, lawyers, detention centers and prisons. Although these systems are supposed to be interrelated, coordinated and interdependent, in reality each sector has its own mandate, budget authority, regulations and processes.
Key features of the Justice for Children system A comprehensive approach to justice for children reform requires both the formal and community
116 Government of Ghana Justice for Children Policy, November 2015 117 Probation Desk Manual, Department of Social Welfare, Ministry of Gender, Children and Social Protection, May 2018
Social Welfare | Part Two 222 Part 2: Social Welfare justice system to respond to civil and criminal cases involving children. The system should deal with the justice needs of all children, including children in conflict with the law, child victims and witnesses in criminal matters, and children involved in family and other civil proceedings. Recognising that many disputes relating to children are dealt with outside the formal justice system, including conflicts about child custody, guardianship and inheritance, and minor offences committed by and against children, the justice for children system considers and builds on these processes. Although traditional mechanisms are changing and evolving, community justice and other Alternative Dispute Resolution (ADR) processes often provide the most accessible, culturally relevant and socially accepted mechanism for settling disputes and restoring community harmony. Families and communities also play an important role in providing guidance, supervision and rehabilitative support to children.
A simple chart of the justice system is as follows Stage 1 – Incident reporting Stage 2- Arrest, Investigation and Prosecution Where there is diversion, the case ends. If not, the case then proceeds to the next stage Stage 3- Trial and judgement Stage 4 – implement outcome, monitoring and aftercare such as reintegration Through this process, there are roles for each of the justice Institutions. Brainstorm with participants on what each of these Institutions role will be at each of the stages
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Session 3: Interacting with Juveniles and Children in Justice Processes118,119,120
Adapted from the Probation Manual of the Department of Social Welfare, this session provides guidance and instruction on how probation officers and other professionals who play diverse roles as part of the justice system for children should carry out their work in the best interest of children and youth who come into contact and in conflict with the law. This includes understanding children and the effects of their development on their behaviours and key principles for interacting with children, juveniles in the court, children as victims or witnesses in the court as well as juveniles at the police station.
Facilitators’ Action a. Introduce the session by stating that children are to be protected from all forms of violence abuse, neglect and exploitation wherever they find themselves, whether in the home with the family, in the community or in school. It is the duty of adults to provide protective environment for children to grow and develop to become useful citizens. However due to certain circumstances children might come in contact with the law or in conflict with the law. In whichever situation, they are to be handled carefully according to certain principles that recognize and accommodate the physical, developmental and emotional requirements of children in order to ensure that they are not overburdened by the trauma of having to go through the judicial system. b. Add that in this session participants would discuss the importance of understanding children and the effects of their development on their behaviours and the key principles for interacting with children, juveniles in the court, children as victims or witnesses in the court as well as juveniles at the police station. c. Divide the participants into 5 groups and ask them to discuss and provide responses with examples or case scenarios for the following questions on flip charts. • Who is a juvenile, Who is a child in conflict with the law, what does it mean to be in conflict with the law • Who is a juvenile offender • Who is a child in contact with the law, what does it mean to be in contact with the law • Who is a child victim • Who is a child witness
118 Government of Ghana Justice for Children Policy, November 2015 119 Republic of Ghana Juvenile Justice Act, 2003 (Act 653) 120 Probation Desk Manual, Department of Social Welfare, Ministry of Gender, Children and Social Protection, May 2018
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d. At plenary allow Group 1 to present their response for the 1st question, Group 2 to present their responses for the 2nd question whiles Groups 3, 4 and 5 also present for the 3rd, 4th and 5th questions respectively. After the presentation by each of the groups allow members from the other groups to ask questions or provide contributions using examples from their experiences whiles performing their professional duties or case scenarios. e. Ensure that the definitions provided are in line with what is in the laws and policies of the country by using the definitions provided in the text below. f. Ask participants at this point to give examples of cases that depict children in contact with the law as well as examples of children in conflict with the law. Please write their examples on a flip chart because they would be referred to as case scenarios in other exercises. g. Remind participants that the policy objectives 4 and 5 of the J4CP are to protect children as witnesses and victims of crimes and promote access to justice for children involved in family and other civil proceedings. Remember to mention (if not mentioned by the participants already) that apart from child victims and witnesses, examples of children in contact with the law are children with mothers in conflict with the law. The general welfare of the child is important for babies born in prison who are required to be breastfed in accordance with the exclusive breast feeding policy and breast feeding mothers based on the best interests of the children should go into prison with their children and should be supported.
•• Juvenile in accordance with the Juvenile Justice Act, 2003 (Act 653), “means a person who is under the age of eighteen years who is in conflict with the law.” •• Juvenile Offender:A person under the age of 18 years who has been convicted of an offence for which the court may impose various sentences •• Child Victim: A child who is harmed by a crime or an offence against him/her is known as a child victim. •• Child witness: Refers to a child who is present during and observes an offence and includes a child who is both a victim of and a witness to the same crime •• Child victims and witnesses denotes children and adolescents, under the age of 18, who are victims of crime or witnesses to crime regardless of their role in the offence or in the prosecution of the alleged offender or groups of offenders;
h. Ask the participants to return to their 5 groups to discuss and provide definitions for the following, using examples and case scenarios. Minor Offence, Serious Offence, Probation, Probation Officer and Child-friendly i. Again at plenary allow Group 1 to present their response for the 1st definition, Group 2 to present their responses for the 2nd whiles Groups 3, 4 and 5 also present for the 3rd, 4th and 5th respectively. After the presentation by each of the groups allow members from the other groups to ask questions or provide contributions using examples from their
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experiences while performing their professional duties or case scenarios. Ensure that the definitions provided are in line with what is in the laws and policies of the country by using the definitions provided in the text box below.
All the definitions are taken from the Justice for Children Policy (November 2015) and the Juvenile Justice Act, 2003 (Act 653) •• Minor Offence: includes offences such as petty theft, petty assault and threatening (Juvenile Justice Act, 2003 (Act 653). •• Serious Offence: includes offences such as robbery, rape, defilement and murder •• Probation is the release of an offender from detention, subject to a period of good behaviour under supervision. •• Probation Officer is an officer from the Department of Social Welfare trained and appointed to investigate and report on and supervise the conduct of committed offenders on probation. •• Child-friendly: This refers to both an approach and an environment that is adapted to integrate the rights of children, including a physically safe, non-threatening and welcoming reception of the child, as well as a communication style that builds rapport, and seeks and imparts information in a way that the child can understand. It also includes an adaptation of space, such as smaller furniture, children’s toys and books and less austere surroundings, to accommodate the child
m. Back in their groups ask participants to discuss key principles and approaches to be used when interacting with juveniles and children the justice processes. n. After presentation by the groups at plenary inform participants that they are going to do Role plays for child-friendly reception and welcome using the two case scenarios below o. Ask two participants to take turns having one act out the investigator role preparing to receive and welcome a child (played by the other participant) in the first case, then the other will play the investigator role, with the first ‘investigator” now playing the role of the child in the second case. Allow them to use only about 5 minutes each to act out the reception and welcome, since this exercise does not require them to conduct an interview. p. After the role plays let the pair tell the entire group what the experience was like for them when they were the “child”. q. Use the key points presented in the Facilitators’ Notes 2.5.3 - Interacting with Juveniles and Children in the Justice Processes to firm up the discussions on key principles and approaches when handling or interacting with juveniles and children in the justice processes. r. Before concluding discussions on this session allow for participants to ask questions and contribute to the discussions with examples and case scenarios. Encourage participants to refer to the 2018 Probation Desk Manual of Department of Social Welfare, MoGCSP and the
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Justice for Children Policy, for full details on Interacting with Juveniles and Children in The Justice Processes
Cases for Role Plays for child-friendly reception and welcome/the role of the Social Worker Case 1 - A 15 year old boy has been apprehended for the robbery of an elderly woman and is sent to a police station to be processed. His mother died when he was three and he is looked after by his father. His father is currently on bail for a burglary of a shop and has a series of previous violent offences. You suspect that the father groomed his son to undertake robberies. You have been invited as a Social Worker to the Police Station to look at the case. Set up a space (if you are able) and receive the child at the station. Use child-friendly procedures. Act out the role only up to the point of formal interview. Case 2 - You are at home late one night when you get a call from the police station that a member of the public has arrived with a young girl saying she found her crying in the street. The person who brought her in is unable to provide any information. The young girl, who looks to be about 6 or 7 years old, keeps crying. How do you work with the police to receive the child at the station using child-friendly procedures? Take her to a child-friendly space if you can. Act out the role to the point of formal interview.
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Facilitators’ Notes 2.5.3 - Interacting with Juveniles and Children in the Justice Processes
Children and adolescents are to be protected from all forms of violence abuse, neglect and exploitation wherever they find themselves, whether in the home with the family, in the community or in school. It is the duty of adults to provide protective environment for children to grow and develop to become useful citizens. However due to certain circumstances children might come in contact with the law or in conflict with the law. In whichever situation they are to be handled carefully according to certain principles that recognize and accommodate the physical, developmental and emotional requirements of children in order to ensure that they are not overburdened by the trauma of having to go through the judicial system. i. Juveniles in Courts When a probation officer is present in either Juvenile Court or the Family Tribunal (or any other court), she or he must consider • the best interest of a child, • taking into account community safety and the needs of the victim when the child is a juvenile offender • and considering the health, development, safety and protection of both the juvenile and a child who is affected by a criminal offence or a family dispute. At all times, a probation officer must treat children with • professionalism, • care, • fairness and respect In all interactions and communication with children, probation officers should adapt their approach and language to the child’s stage of development, including simplifying legal language so that the child understands. In court, the probation officer should properly introduce him or herself to the young offender or juvenile and his or her family, if present; describe the role of the probation officer and explain what will happen in court that day. The probation officer should also support the child and his/ her family to ensure that their rights are respected, including the child’s right to have a guardian present, the right to have legal representation and legal aid, the right to remain silent and the right to be informed of the charges against him or her in a language that he/she understands, including the right to read the arrest warrant at any time (Juvenile Justice Act, 2003 (Act 653) Sect. 3 and 22).
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Remember that children below the age of 12 years at the time of the commission of an offence are deemed incapable of committing a crime and cannot be subject to criminal proceedings. (1992 Constitution; Children’s Act) The court may request the assistance of a probation officer to confirm or determine the age of a child (Sect. 343 (1) Criminal Procedure Code) or determine the age of a child (Sect. 343 (1) Criminal Procedure Code) ii. Children as Victims or Witnesses in the Court Sometimes, children who have been victimised by and/or witnessed the offence the juvenile committed are also present in court and they require the attention of a probation officer if no other social welfare officers are present. Insofar as possible, a probation officer should ensure that that child victim and their alleged offenders are not seated together so that the victim does not feel threatened, intimidated or re-traumatised by proximity to the juvenile. Use of child-friendly rooms to support child victims and witnesses can help to keep them calm before they are called to the court. If no child-friendly room is available, try to find another holding space for the child and his or her family so that they do not need to be in court until testimony is required. A probation officer should ensure that all child victims and/or witnesses are accompanied by an adult family member or guardian or a next friend duly appointed by the Court. If a child is alone in the courtroom, immediately contact another probation officer or social welfare officer to be present with the child. If a child victim requires care or support while in court, probation officers should do what they can to assist, including offering on the spot trauma care, if needed, and referring the child and his/her family or guardians to appropriate follow up care. iii. Provisions in the Justice for Children Policy (J4CP)
Objective 4: Protect children as witnesses and victims of crimes • Strategy 4.1: Encourage family and community involvement; • Strategy 4.2: Provide victim/witness support services; • Strategy 4.3: Ensure the protection of the child’s dignity, safety and privacy in the entire trial process (protection of safety and privacy); • Strategy 4.4: Provide compensation to child victims; • Strategy 4.5: Provide free services for child victims (e.g. medical, counseling, legal etc.).
Objective 5: Promote access to justice for children involved in family and other civil proceedings • Strategy 5.1: Support community justice systems in dealing with civil cases; • Strategy 5.2: Adopt a new approach for dealing with child maintenance cases;
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• Strategy 5.3: Ensure legal and other representation for children; • Strategy 5.4: Reform of Family Court and enforcement of orders. Children who are victims, witnesses or affected by court outcomes in civil and criminal procedures should also be supported by probation officers when a social welfare officer is not present in court for that purpose. This may require accompaniment of a child, comforting a distressed child, making referrals to agencies that can assist a child with trauma and shelter, as well as responding to court requests to complete an application for a Care Order or a Fit Person Order, when proper guardianship must be found to care for the child. iv. The Key Principles to be adhered to when handling juveniles and children in the justice processes include: • Non-discrimination • Best Interests of the Child • Right to protection of dignity and privacy of children • Confidentiality • Right to be heard/participation • Right to fair trial • Right to legal protection • Legal representation • Social Services related support v. What is child-friendly justice? This refers to justice systems which guarantee the respect and effective implementation of all children’s rights at the highest attainable level, giving due consideration to the child’s level of maturity and understanding and the circumstances of the case. The justice system is specialised to protect children and mechanisms are put in place to ensure that. the child-friendly court is one of those friendly mechanisms. A child-friendly justice system makes the justice process friendlier to all children who pass through– victims, offenders and witnesses. “Child-friendly justice” refers to justice systems which guarantee the respect and the effective implementation of all children’s rights at the highest attainable level, bearing in mind the key guiding principles of national legislation, policies and the CRC and giving due consideration to the child’s level of maturity, understanding and the circumstances of the case. It is justice that is accessible, age appropriate, speedy, diligent and adapted to and focused on the rights and needs of the child. Child-friendly environment is a safe place within or outside a police station or the court that is
Social Welfare | Part Two 230 Part 2: Social Welfare adapted to make a child feel less intimidated and more emotionally secure to enable effective interviewing of a child victim/witness or a child in conflict with the law, including limited contact with suspects and other adults and an adaptation of space to accommodate the child, such as lower furniture and desks, less formality and more welcoming, with children’s posters and toys, where possible. A Child-friendly approach refers to how a police officer, probation officer or any professional in contact with juveniles or children in the justice processes interacts with a child. Every child is treated with kindness, dignity and in a manner appropriate for his or her age and maturity. Children are accorded their full rights whether in custody or as victims and/or witnesses to crime. The Probation Officer or Police uses the language a child can understand and informs him or her about the process currently underway– investigation, interview, etc. and where viable, the child’s views and opinions should be taken into account. vi. Key Approaches for handling juveniles and children in the justice processes a. Adopting the child-friendly approach This principle is based on Article 28 of the 1992 Constitution, the Children’s Act and the Justice for Children Policy and Article 12 of the CRC. This implies that in all interactions and communication with child victims and witnesses, probation officers, police officers and other professionals, who come into contact with children within the justice processes must adapt their approach to be child-friendly and to ensure: • That the child’s dignity is respected and protected; • That all interviews, examinations and other investigative procedures are conducted in a respectful, professional manner; • That the nature and tone of questioning is adapted to the child’s age and developmental abilities; • That the child is treated as a credible witness and his right to be heard is respected; • That children and their parents/caregivers are kept fully informed of progress in the case and are consulted on significant decisions, including asking the child’s opinion about accompaniment, safety and any other needs the child has; • That children are protected from any undue distress or hardship during the course of the investigation. This includes taking measures to reduce contact between the child and the suspect during the investigation. Any physical and medical examinations are carried out in a child-sensitive and the least intrusive manner; • That investigations are completed as quickly as possible to reduce distress on the child and family; • The use of child-friendly spaces in interviewing children, where none exists use a nearby private facility or improvise space to ensure confidentiality.
Part Two | Social Welfare 231 Part 2: Social Welfare b. The Establishment of a Child-Friendly Court in Ghana On the 4th of December 2018 the Judicial Service of Ghana with support from UNICEF inaugurated the first Model Child friendly court in Ghana. The Court which is situated within the Gender Based Violence Courts is aimed at providing a safe environment for children and addressing the needs of children as they interact with the justice system using more age appropriate procedures and tools121. It is also an important step to realising the vision of ensuring that children have access to a safe space where their views are taken seriously and where their best interest is at the centre of every decision that is taken concerning them. The child-friendly court includes facilities such as the waiting room designed to provide a friendly environment to child victims, witnesses and children who for other reasons come into contact with the law. The facility is furnished with necessary technical equipment, has a witness room, victim and evidence room and CCTV to prevent the accused and the victim from having direct contact during proceedings, a small library, toys, information, as well as literature on child protection for psychologists, lawyers, support persons and parents.
Waiting room for the model child-friendly court, courtesy UNICEF Ghana, 2018 c. Participation of the Family The J4C Policy recognizes the importance of the family and the community in preventing and responding to justice for children issues. The 1992 Constitution identifies the family as the central unit of society and the core institution for raising children. Parents and other family members have an essential role to play in protecting children from harm, instilling a sense of identity, discipline and respect, and for making amends within the community for children’s wrongdoings while holding them accountable for their actions.
121 https://www.unicef.org/ghana/press-releases/new-child-friendly-court-established-accra
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When children are involved in the justice system, their parents or other family members should be fully engaged at all stages of the process. Working with both children and their families is also fundamental to addressing juvenile offending. Family challenges are often the source of children’s offending behaviour, so measures for responding to juvenile offenders should involve and aim to strengthen the family. Extended family members, faith-based leaders, Chiefs, Queen Mothers and other community leaders are often best placed to provide this support to the child and his or her parents as indicated in the Child and Family Welfare Policy. d. Specialized Approach to Children Children in contact with the law are entitled to special protection and support at all stages of the process. Children experience the justice system differently from adults, and responding appropriately to their needs requires specialized skills and approaches. Justice for Children reform initiatives aim to promote greater specialization in the handling of children in both the formal and community justice systems. Greater expertise in handling children’s cases is being promoted through the development of detailed guidelines and by providing specialized training for all actors in both the formal and community justice systems. e. Promotion of Community Justice and Alternative Dispute Resolution (ADR) Community justice processes and ADR mechanisms are often the most effective and efficient means of ensuring children’s access to justice and use of these alternatives is being encouraged in appropriate cases. The Justice for Children reforms aims at strengthening and supporting ADR and community justice mechanisms to provide effective and appropriate responses that are child friendly, relevant and acceptable. However, this mechanism should only focus on minor offences and not all offences. f. Partnership Approach The J4C Policy recognizes the shared responsibility of national government, local authorities, families and communities in dealing with Justice for children issues. The proposed justice for children system is founded on the principle of partnership between the family, community and government (ministries, departments and agencies), based on mutual trust aimed at guaranteeing children’s access to justice. In particular, improved collaboration with and active involvement of families, community groups, NGOs, faith-based organizations, Chiefs, Queen Mothers, children and other community leaders is of paramount importance. g. Accountability, Rehabilitation and Reconciliation In dealing with children in conflict with the law, the justice for children system is primarily aimed at restorative, rehabilitative and re-integrative justice. Children in conflict with the law should be held accountable for their behaviour and encouraged to make amends for their actions with due regard to their maturity and age. However, the response must be appropriate, proportionate,
Part Two | Social Welfare 233 Part 2: Social Welfare corrective and aimed at reconciliation and social rehabilitation, rather than punishment. This is best achieved by providing children and their families the support they need to identify and resolve the problems that led to the child’s offending behaviour, and supporting them to make better decisions in the future. h. Priority to Diversion and Restorative Approaches This principle is founded on the Juvenile Justice Act and the Justice for Children Policy. Children accused of minor offences are not unnecessarily processed through the courts. Where appropriate, families, social workers, police and the court will seek to divert children from the formal justice system by issuing informal or formal cautions, using informal mediation or recommending community resolutions. i. Deprivation of Liberty as a Last Resort (Juvenile Justice Act 2003 (Act 653) Children in conflict with the law should only be subjected to deprivation of liberty, at all stages of the criminal justice system as a measure of last resort. In principle, placement in a remand home, JCC or SCC should be used only for children who have committed serious offences involving violence, or in cases of recidivism. Custodial placements are sometimes necessary if a juvenile offender poses a threat to society. However, removing children from their family and community adds to their sense of isolation and stigmatisation. To the extent possible, emphasis will be placed on strengthening community-based responses that engage the family and community in providing supervision, guidance and rehabilitative support with the help of social workers.
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Session 4: Sentencing of Juveniles122,123
Policy Objective 2 of the Justice for children Policy (J4CP) is to promote the formal justice system to enhance access to justice for children in conflict with the law. While children should be held accountable for their actions, special measures are needed at all stages of the process to ensure that children are treated in a sensitive and respectful manner, with due regard for their age and legal status as a child; ensure children in conflict with the law are treated according to the Guiding Principles (caring, protective, sensitive, non-discrimination, best interest and treated fairly, right to be heard, representation, fair trial, legal protection and social support). This session discusses with participants the process involved in sentencing a juvenile, the strategies the policy indicates are to be used during this process and some of the provisions made in the Juvenile Justice Act 2003 (ACT 653) for this process.
Facilitators’ Action a. Introduce the session by stating that children and young adults are very important members of the society as they constitute the future leaders. However, when children come in conflict with the law they become vulnerable and less privileged and caution must be taken when dealing with them in order not to jeopardize their future. While they should be held accountable for their actions, special measures are needed at all stages of the process to ensure that children are treated in a sensitive and respectful manner, with due regard for their age and legal status as children; ensuring children in conflict with the law are treated according to the Guiding Principles b. Ask participants to mention the guiding principles and list them on the flip chart and discuss what they mean with the participants, especially when it comes to the processes involved in sentencing a juvenile offender. The guiding principles include caring, protective, sensitive, non- discrimination, best interest and treated fairly, right to be heard, representation, fair trial, legal protection and social support. c. Also add that as already mentioned in the earlier sessions, the Second Policy Objective of the J4C Policy is aimed at promoting the formal justice system to enhance access to justice for children in conflict with the law and the key strategies are: • Strategy 2.1 - Strengthen the FJS and make it more child-friendly during arrest, investigation, pre-trial, trial and committal • Strategy 2.2 - Ensure legal assistance for children by giving children special priority with respect to access to legal aid and support through the court process • Strategy 2.3 - Ensure greater process efficiencies in prosecution and trial by establishing Family Courts; tracking and scheduling children’s cases separately to give priority; considering ADR at first appearance; Probation Officers (POs) preparing SERs etc.
122 Social Welfare and Community Development Training Manual, 2014, ILGS 123 Probation Desk Manual, Department of Social Welfare, Ministry of Gender, Children and Social Protection, May 2018
Part Two | Social Welfare 235 Part 2: Social Welfare d. Divide the participants into 3 groups and ask them to read, discuss and come back to present to the bigger group the information in the handout notes as follows: Group 1 to discuss and present Support at the Police Station from the Handout Notes 2.5.4 - Processes Involved in Sentencing Juveniles Group 2 to discuss and present Procedure in the Juvenile Court Group 3 to discuss and present Preparing Social Enquiry Reports (SERs) for a Juvenile Court e. Allow for questions and thorough discussions after the presentations by all the groups and summarise the discussions by presenting the key points in the Facilitators’ Notes 2.5.4 - Summary of the Criminal Process for a Juvenile (as in the J4COP). Again allow for questions and contributions with examples from the participants and conclude the session.
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Facilitators’ Notes 2.5.4 - Summary of the Criminal Process for a Juvenile (as in the J4COP)
In every nation, children and young adults are very important members as they constitute the future leaders. However, when children come in conflict with the law they become vulnerable and less privileged and caution must be taken when dealing with them in order not to jeopardize their future. The Juvenile Justice Act, 2003 (ACT 653) was promulgated to provide a juvenile justice system, to protect the rights of juveniles, ensure an appropriate and individual response to juvenile offenders, provide for young offenders and for connected purposes. The section 1 (1) defines a juvenile as a person under eighteen years who is in conflict with the law. The Act is purported to address the challenges posed by juvenile anti-social and offending behaviour to public safety, the victims, to themselves and their families. When a child is a perpetrator in a minor criminal offence within the community or in school, the Juvenile Justice Act allows such matters to be settled by the Community Justice System (CJS)/ Child Panels using ADR. The settlement can be done through family conferences or community conferences with the support of the Community Child Protection Committees (CCPC). If the matter can be settled at the community level, the child can be made to make amends, compensate the victim, advised to make better decisions, rehabilitation, restitution etc. If the matter cannot be settled at the community level or it is a serious offence, then it has to be reported to the Police/DOVVSU. Once it involves a child, the DSW will be called in to help the child and assist with the investigations. The Police have the right to arrest perpetrators and if they are children to take them to court to be remanded in the JCC once their age is confirmed or to divert them to the CJS where possible. They will undertake their investigations and prosecute at the Juvenile Court which is at the District Court level. The court has the power to order a Social Enquiry Report (SER) and also to divert them to the CJS for ADR to be used to settle the matter and the outcome reported. If there is no diversion after the trial, they may be committed to the JCC (if aged between 12 and 17 years) or the SCC (if aged between17 and 21) or depending on the seriousness of the offence committed for a maximum of 3 years. While on committal, they will be counseled and rehabilitated. They may also be given a non-custodial sentence and undertake to be of good behavior under probation for a specified period. They will go back to the community level and the CJS can help to supervise and ensure their rehabilitation etc. under the supervision of Probation officer.
In the spirit of following the system, we may want to discuss diversion at this point by referring to Sec 25 of Juvenile Justice Act. Understand the philosophy of diversion and restorative justice and how it applies to juvenile justice. Understand the importance of diversion and restorative justice and the fundamental criteria for using diversionary measures and restorative approaches. Develop points of good practice for implementing restorative approaches
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Refer participants to the Appendix III on Provisions made in the Law for the Criminal Process for a Juvenile - Juvenile Justice Act, 2003 (ACT 653) Also refer to the United Nations Standard Minimum Rules for the Administration of Juvenile Justice (“The Beijing Rules”), Adopted by General Assembly resolution 40/33 of 29th November 1985 and notes on Children in conflict with the law in Appendix V.
Civil Process (as presented in the Justice for Children Operational Plan, J4COP)
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Criminal Process for Offenders
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Handout Notes 2.5.4 - Processes Involved in Sentencing Juveniles124
Introduction Ghana has developed several policies and plans of action relating to children, some of which have a relevance to children coming before the courts. While not a policy nor a plan of action, the Ghana Police Service has also adopted Standard Operating Procedures (SOPs) for Handling Children in Conflict with the Law and for Investigations involving Child Victims and Witnesses. The Department of Social Welfare has also developed a Probation Desk Manual that provides new guidance and instruction on how probation officers should carry out their work in the best interest of children and youth who come into contact and in conflict with the law. Both of these SOPs and Manual guide the police to contact a probation officer when interacting with an unaccompanied juvenile at the station and to seek the support of a social welfare officer when investigating offences involving children. Thus, a closer professional relationship between the Department of Social Welfare and the police service is expected in the process of handling children in contact or conflict with the law. The Juvenile Justice Act, 2003 (Act 653) provides the legal foundation for a separate and distinct approach for handling children in conflict with the law based on the welfare approach. The Act states explicitly that juvenile matters must be dealt with in a manner that is different from an adult, and that the best interests of the child are paramount. Jurisdiction for dealing with children in conflict with the law lies with specialised Juvenile Courts, which are composed of a district court magistrate and two other people, one of whom must be a social welfare officer. The Act outlines special procedural protections for children from the point of arrest through trial and sentencing. A range of custodial and non-custodial sentencing options are available, and provision is made for the establishment of specialised Junior Correctional Centres (JCCs) and Senior Correctional Centres (SCCs) for children. The Juvenile Justice Act also promotes the diversion of children away from the formal criminal justice system. i. Support at the Police Station The Juvenile Justice Act and the Ghana Police Service’s Standard Operating Procedures for Handling Children in Conflict with the Law, enjoins police officers to inform probation officers about the arrest of a juvenile when the police are unable to inform the juvenile’s parents. Section 11 (3) of the Act places the responsibility of tracing the parents, guardians and relatives of a juvenile in police custody on the probation officer in the district. Again, section 13 (2) of the Juvenile Justice Act makes it mandatory for a probation officer to be present at the interview of a juvenile/young offender when the parents, guardians, relatives or a lawyer is not available or when the police determine that the presence of the juvenile’s parents, guardians or relatives at the interview is not in the best interest of the child.
124 Justice for Children Policy (2015), the Ghana Police Service’s Standard Operating Procedures (SOPs) for Handling Children in Conflict with the Law and the Probation Desk Manual, Department of Social Welfare, Ministry of Gender, Children and Social Protection, May 2018,
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Probation officers who are called to a police station for this purpose will act to protect the rights of the juvenile during the interview, as well as tracing family or guardians, as needed, and identifying fit persons in the community who might care for and supervise a child without parental care who is arrested by the police. Probation officers must ensure that the juvenile is informed of his/her rights and take all necessary steps to uphold those rights which include the right to be informed of the charges against him/her in a language he/she understands, including the right to read the arrest warrant at any time; right to remain silent; right to have a parent, guardian, close relative or probation officer present at the proceedings; right to a Legal representation and Legal Aid. Moreover, in all interactions and communication with children in conflict with the law, police officers, like probation officers, must adapt their approach to ensure the child’s physical safety and to take into account his or her young age. For police, this includes minimising the use of force, not using handcuffs except in exceptional circumstances, adopting a more friendly tone, using simple language and explanations in words that the child can understand, and not using harsh, coercive or abusive tactics. The police service will also take measures to ensure that police stations provide privacy to children in conflict with the law, and that a physical space is adapted to accommodate children and create a more welcoming environment, such as using lower furniture and desks and less formality, child-friendly colours, posters, toys and books, for example. Probation officers are to monitor the police to ensure that they are following these laid down procedures. In the police station, children are protected by: • The right to safety at all times; • The presumption of innocence before trial; • The right to be treated with respect in all interactions; • The right to be treated in a manner in accordance with the rule of law; • The right to participate with the child’s views and opinions given due weight on the basis on his or her maturity; and • The right to confidentiality and the protection of a child’s personal data in accordance with law. Probation officers should ensure that these rights are upheld and advocate strongly for the child if police do not respect their legal responsibilities toward children, as well as ensuring that they are meeting their rights and obligations with respect to the child. In many respects, a probation officer is acting as the child’s advocate when she or he is in police custody, just as a parent or lawyer would do if they were present. Keep this in mind while accompanying the child. It is also essential that probation officers are aware of the options police officers have to deal with a child who has committed a minor offence and is a first time offender. The Juvenile Justice Act (sect. 12) directs police officers to give an informal or formal caution instead of arresting a juvenile when it is in the best interest of the child to do so. Probation officers can help advise police when this is appropriate. Juveniles under arrest should also be released by the police on self-recognizance or recognizance
Part Two | Social Welfare 241 Part 2: Social Welfare entered into by a parent, guardian, close relative or other responsible person, with few exceptions (sect. 14, Juvenile Justice Act). Probation officers may help the police to locate family of the child who can take him or her in. If the police must detain a juvenile at the police station, they must never be placed in cells with adults and males should always be held separately from females. Police detention is an option of last resort and for the minimum period necessary. Child-friendly holding rooms would be a better option than cells. Probation officers need to be informed and hold the police accountable in their interactions with children. ii. Procedure in the Juvenile Court The Juvenile Court sits as a panel composed of the Magistrate of the District Court and two other persons, one must be a social welfare officer and the other, a person from the community who is above 25 years (Section 49 (2) Juvenile Justice Act, 2003 (Act 653)). It is only a Juvenile Court that can adjudicate a juvenile case (S.17). Where there is no Juvenile Court available, a court such as the district court may only deal with the bail application, provided it is in the best interest of the child. The Juvenile Court does not sit in public. People who are not members of the court or parties to the case such as lawyers, witnesses and any other person the court may authorise, are excluded from the court proceedings. Section 16 (3) of the Juvenile Justice Act states that the proceedings in the court must be informal and police officers in the court should not be in uniform. The informal procedure is not clearly defined by the law; hence the procedures may vary from one Juvenile Court to another. Nevertheless, it is expected that informal procedures help to make the court child-friendly and eliminate technicalities that are used in other courts. Where the age of the child is in doubt, the court makes an enquiry to ascertain his or her age before proceeding with the case. Probation and social welfare officers may be asked to investigate the child’s age and provide evidence of age determination, where possible. Evidence can include a birth certificate, weighing card or medical record at birth; school records; a baptismal certificate or other religious documents; statements from the child’s parents, relatives or community leaders; or a report by a medical officer. Note that medical examinations are costly, time consuming and cannot definitively prove a child’s age, so they should be requested only as a last resort when no other reliable information is available to confirm the child’s age. When a juvenile’s case is called, she/he and the other parties are invited to the judge’s chamber or the place where the court sits, excluding all persons who are in no way associated with the case. At the start of proceedings, the juvenile is advised, in the language she/he understands, of her/his right to remain silent, the right to have a parent, guardian, relative or probation officer present, the right to legal representation and the right to legal aid. The allegations in the charge sheet are read, translated and explained to the juvenile in the language in which she/he understands. The juvenile is asked whether or not he or she admits to the offence in the charge sheet. The juvenile’s lawyer, parent, guardian or a probation officer may examine the charge sheet at any stage of the proceedings. When the juvenile admits to committing the offence, the implications of the admission are explained to him or her. The court will order a Social Enquiry Report to be prepared for sentencing.
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The juvenile offender may be released to the parents or guardian, a fit person or committed to a remand home, pending sentencing. Since deprivation of liberty is a measure of last resort for juveniles, probation officers must diligently work to find alternatives to keep the child outof remand. When the Social Enquiry Report (SER) is presented to the court, the content is made known to the child and his/her legal representative, if any. The court considers the SER and makes appropriate orders. Where the offence is not a serious one, the juvenile offender may be diverted from the criminal justice system, with or without conditions. The court may also make orders against the relatives of the juvenile offender for the payment of damages and/or require them to give security for the good behaviour of the juvenile offender. The juvenile may also be discharged unconditionally or the court may release the juvenile on probation. As well, the juvenile offender may be committed to a fit person, made to pay a fine, damages or costs, or sentenced toa correctional facility for serious or repeated offences. When the juvenile denies the charges against him/her, the panel invites the prosecutor to prove his case and the child, through his/her lawyer, if any, also opens its defence. The lawyer for the juvenile may be allowed to cross examine the prosecution witnesses. The juvenile may also be cross examined by the prosecutor. At the end of the trial, the court gives its verdict and imposes an appropriate sentence on the juvenile offender, after considering the SER. The juvenile may also be acquitted and discharged. iii. Preparing Social Enquiry Reports (SERs) for a Juvenile Court A Social Enquiry Report for the Juvenile Court, also known as a Pre-Sentence Report, is a full formal assessment provided to the court in order to assist the magistrate, judge or panel in passing the most suitable sentence on a child or young person (juvenile or young offender) who has been convicted of an offence. It can only be ordered by the Court. Its purpose is to determine what is in the best interest of the offender in order to maximise his or her chances to lead a productive life without resorting to crime. At the same time, the safety of the public must be considered and balanced with the child’s interests. The SER provides objective, factually accurate information to the court for sentencing and other matters related to the disposition of the case. Whether conviction is obtained through guilty plea, plea‐bargaining or trial, the pre‐sentence investigation is conducted by the probation officer on instructions from the court. It provides a detailed view of the defendant, including his or her background, history and possibilities for rehabilitation. The SER is to be completed by the date as ordered by the court. While this may be a challenging timeframe for complex investigations or when a juvenile is from a district far from the court, probation officers must meet this deadline, with few exceptions, and when a juvenile is being held in remand, the probation officer should try to complete the report sooner so that the child is detained for the minimum period possible. The SER has several important functions. First, it helps the judge to make an informed decision regarding the sentence. Second, it assists probation officers with developing a plan and monitoring the offender’s behaviour if he or she is placed on probation. Third, it assists the corrections centre in determining what types of programming would be beneficial for the juvenile offender, as well
Part Two | Social Welfare 243 Part 2: Social Welfare as supervised release, early release and other supervision decisions. The Social Enquiry Report for Juvenile Court should aim to: a. Identify the factors and circumstances leading to the commission of the offence; b. Identify the history, including the family, educational, social and criminal background of a juvenile convicted of an offence; c. Identify the impact that the offence has had on the victim(s); d. Identify the strengths and vulnerabilities of the juvenile’s parents or guardian, including the home environment; e. Identify the potential for reoffending, including risk factors and factors that could mitigate the risk; f. Identify interventions and supports, where possible, that could assist in rehabilitating the juvenile; g. Make sentencing recommendations, balancing the best interest of the child with the need for public safety; and h. Through a written report, provide the court, parents and legal representatives with these recommendations and supporting data. i. Collecting Information to Complete the SER The process of conducting a SER investigation requires multiple interviews to collect essential information on the juvenile offender, his/her background, details of the offence and its impact on others, and opportunities for the offender to be rehabilitated. At least one home visit is essential to observe family dynamics and whether the youth lives in an environment of positive or negative influences, as this information is necessary to assess probation as a sentencing option. Collection of documentation related to the assessment is also undertaken by the probation officer, including collateral information from appropriate outside sources. With regard to information sources, probation officers must conduct at least one interview with the juvenile offender, his/her primary caregiver (parent or guardian) and, as noted above, conduct a minimum of one visit to the offender’s residence. While in the offender’s community, it would be wise to visit his/her school or employer, any doctors, counsellors or child protection workers the child interacts with, and any other person such as a religious leader or traditional chief with whom the child has a relationship. If the victim of the offence lives in the offender’s community, he or she should also be visited and interviewed with family present. The police officer who arrested and charged the child should be interviewed, at least by phone. If compensation is to be provided to the victim, it would also be important to discuss with the prosecutor their deliberations about appropriate amounts. Document sources to review include the police records – charge sheet, statement and investigation notes, if any, previous juvenile offender records, medical documentation from the victim or offender (if appropriate), school records, any previous court documents such as Care or Supervision Orders
Social Welfare | Part Two 244 Part 2: Social Welfare and anything relevant to investigating the offence and the juvenile’s background. While there are significant resource limitations for probation officers to be conducting home visits, it is strongly recommended that at least one home visit be undertaken to the juvenile offender’s residence. If the family lives in another district, cooperative arrangements might be made among the probation units to have officers located in a family’s district conduct the visits and interviews. This would be reciprocal if that probation officer required home visits in the other’s district. Some interviews may be handled over the phone, but these should not be interviews with the juveniles, who ought to be seen face to face and, ideally, also interacting with family members, especially parents. ii. Offence analysis Under this section of the report, the probation officer should include analytical information, not simply a restating of the information the court already has regarding the charge. It should include key features of the offence, including whether violence was involved, and its circumstances (i.e.: did a juvenile steal food because he or she was hungry) which are relevant to the court in determining the nature and seriousness of the offence. The aim is to assist the court to understand why the offender committed this particular offence at this particular time. Included in the analysis should be: • An assessment of the nature of the offence and its seriousness, including assessing the offender’s culpability and whether or not the act was premeditated, as well as whether others were involved in committing the offence; • An assessment of the context within which the offence occurred, including if there were any special circumstances, such as family crisis, alcohol or drug consumption prior to the act, existing relationship with the victim, or any other circumstance directly relevant to the juvenile carrying out the act which may affect the court’s judgment of the act’s seriousness; • An assessment of the consequences of the offence, including statements from the victim(s) and evidence of damages resulting from the offence; and • An assessment of the offender’s attitude regarding the offence itself and the impact on the victim(s), including whether she or he has thought about this, takes responsibility for his/ her actions, expresses remorse or guilt and any unprompted desire to make amends. Usually, information for this part of the report is collected during interviews with the offender and the victim and/or witnesses. The offender should be observed for attitudes and orientation toward offending, his/her empathy for the victim, if relevant, and any indications of motivation to change. If there were witnesses and/or victims to the offence, information from them will be valuable for this section of the report. Witnesses should report what they observed and this information should be included in the report in a neutral reporting format. If there is no victim impact statement available, the probation officer should interview the victim in person. If the victim is a child, his or her parent or guardian must be present during the interview. The probation officer is not assessing the victim, but rather the
Part Two | Social Welfare 245 Part 2: Social Welfare impact that the offence has had on him/her. This interview can be quite sensitive if the victim is still traumatised by the event. The probation officer should be empathetic, respectful and professional and ensure that she or he does not take sides with the victim. Sometimes, a period of time is needed to establish a rapport with the victim so that she/he is comfortable disclosing information that may be sensitive, painful and personal. For the analysis in the SER, it is important to note the physical, emotional and financial effects of the offence committed. If the victim has documentation of the cost of repairs, medical reports and costs, damage to a vehicle or home, etc., ask if you can copy the receipts as evidence. If the victim was a direct subject of the offence, he or she should describe what happened, from his/her perspective and in his/ her words. The victim should be asked to explain how she/he is now feeling, how that is different from before the offence and what the victim thinks is necessary to make things right. Monitor any reactions to what is being said, avoiding shock, disgust, horror or surprise. For the victim, these reactions can exacerbate the trauma experienced. iii. Risks and protective/mitigating factors Risk factors are the characteristics of a juvenile and his/her environment that increase the likelihood of him or her offending. Static risk factors are the historical, unchangeable characteristics that are unable to be changed through treatment or programming, such as the age at which the first offence was committed, the history of violent behaviour or the criminality of other family members. Dynamic risk factors can change over time because of treatment or due to normal development of the juvenile and/or the family. Examples include poor parenting practices, substance misuse, poor academic achievement and association with delinquent peers. These areas may form part of the programming to rehabilitate a child. Criminogenic needs factors refer to the dynamic risk characteristics of the juvenile that, once changed, are associated with changes in risk of re-offending. For example, drug abuse is a dynamic risk factor but can also be a criminogenic needs factor if the juvenile demonstrates delinquent behaviour while on drugs. Factors correlated with offending behaviour include antisocial attitudes, lack of empathy, antisocial peer group affiliation, substance abuse, lack of problem solving skills and poor self-control. These are the needs that must be addressed for the juvenile’s rehabilitation. There are also non-criminogenic needs factors that are also dynamic risk characteristics which may indicate a need for programming or treatment of the juvenile, however, they are not related to re-offending or delinquent behaviour. An example would be depression, which mightbe addressed through counselling, however, helping a juvenile escape depression is not likely to lead to any change in his/her risk of re-offending, as there are more critical need factors that lead to antisocial behaviour. One criminogenic factor is usually insufficient to cause offending behaviour; rather, a cluster of these factors, coupled with a lack of protective or mitigating factors, is what increases the likelihood of offending or re-offending behaviour. Protective factors are characteristics of the juvenile and/or the environment surrounding him or her
Social Welfare | Part Two 246 Part 2: Social Welfare that interacts with the risk factors to reduce the odds of involvement in criminal activities. These are also referred to as mitigating factors since they mitigate the risk of offending behaviour. Some examples of protective factors are the presence of caring and supportive adults in the community and at school, having a stable family, being empathetic to others and having a positive/resilient temperament. Some risk assessment tools take a more strengths-based approach by considering the presence of protective factors when estimating a juvenile’s level of risk. In seeking information about the juvenile’s risk and protective factors, a home visit is ideal to observe family and discover strengths and weaknesses in the juvenile’s nature and environment. From the home visit, a description and location of the residence should be noted including length of time at the residence, whether home is owned or rented, the number of rooms and shared bedrooms, the condition of the house, upkeep of the house (housekeeping – cleanliness and orderliness), whether privacy is available and a previous address, if the family has been in residence for less than one year. Family dynamics should also be observed while in the home – • Does the family look to be close and caring of one another? • How are they interacting with one another? Is there respect demonstrated among family? • Is there physical affection among the family members? • Does there appear to be support for the juvenile offender? • What leads you to think that? How is the family likely to support the offender in his rehabilitation? Reintegration? • Would the family environment be appropriate for an offender under supervision? Why or why not? Home visits will assist with the analysis of family dynamics and the offender’s background analysis; however, they will be most instructive for determining on-going risks and mitigating factors in the offender’s rehabilitation. A negative family environment may put him or her at higher risk of re- offending, while a nurturing, supportive environment might protect the offender from making bad choices in future. Family members are interviewed in order to complete analysis on the juvenile offender’s background, risks and mitigating factors for re-offending/being rehabilitated and to ascertain the family’s ability to supervise the offender if placed on probation or supervision. The opportunity to meet face to face with family members, ideally in the home, allows the probation officer to observe family dynamics, assess the home, as well as determine the suitability of parents to supervise the child. The probation officer should observe carefully for any evidence of violence in the home, fear from family members and the possibility of abuse. Possible questions to ask parents, guardians and other family members include: • How would you describe the juvenile offender? Has he or she always been so? If not, how was he/she before? What do you think changed him/her? • What do you think are the offender’s strengths? Weaknesses?
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• Does the offender have any physical, mental or emotional health issues? Learning disabilities? Other disabilities? Have these been diagnosed? • Are you aware of any substance abuse by the offender? • Has there been any violence in the home, including by other members of the family? • What is the status of your relationship with him/her? What kind of relationship would you like to have with him/her in the future? • What has been the impact of the offence on your relationship? On the family? • Has the offence affected the family’s finances? How so? What would happen financially if the offender was sent to corrections? • If the offender were to be supervised at home, what would you be able to do, if anything? What plans would you make to assist him/her with rehabilitation? How do you think he or she would fare? Why? • Is there anything else you would like the court to know about the offender? This section requires that the probation officer makes a professional judgment on the risk that the juvenile offender will re-offend and the risk of harm to the public posed by the offender. The probation officer should assess the history and patterns of offending behaviour, the continued existence of negative and positive influences in his/her life, the offender’s capacity and motivation to change and the availability of services and activities which could reduce the risk of further offending. iv. Conclusion and risk to public The conclusion section emerges from the rest of the report’s contents and is consistent with the analysis of the offender’s personal circumstances and risks/protective or mitigating factors in his or her life. The probation officer should provide a summary here that analyses the likely reasons for the juvenile committing the offence and determines whether the juvenile is likely to offend again, based on a preponderance of criminogenic risk factors or whether the juvenile’s protective factors are likely to steer him/her on the right path to rehabilitation and social integration as a well-functioning citizen. Remember, this is an analysis which should not repeat everything written in the other sections. Instead, it should provide a summary assessment of the current status of the juvenile and his/her likely future. The probation officer also classifies the juvenile as whether high, medium or low risk to the public in this section. In many jurisdictions, this classification is arrived at through a very detailed, lengthy risk assessment instrument. The classification should be aligned with the evidence and conclusion arrived at in the report. Remember, every child is unique, meaning that even if a juvenile has a number of criminogenic risk factors, he or she may not be predisposed to re- offending if protective factors are strong and can be further strengthened. Generally, a juvenile is considered to be a high risk to the public if she/he is very likely to re-offend, poses high risk of escaping a corrections’ centre or renege on the probation contract and requires
Social Welfare | Part Two 248 Part 2: Social Welfare a high degree of supervision. A juvenile may be more likely to engage in further criminal behaviour if she/he has a significant number of criminogenic needs factors and a very limited number of protective factors that will be very difficult to strengthen. Juveniles who have previously offended and began offending at a very early age might be considered high risk if there are limited means to strengthen the juvenile’s protective factors. As an example, even a serious crime such as defilement in a case where the boy had sexual intercourse with his girlfriend, who, despite being underage like the boy, consented to the act, would likely not result in the boy’s classification as a high risk offender if he had no criminogenic needs factors. This boy would likely be given a low risk classification since he is not likely to engage in other criminal activity, does not have many, if any at all, criminogenic needs factors and may have an environment and personal history that is highly protective. Low risk offenders require very limited supervision. Medium risk to the public would be juvenile at moderate or low probability of escaping a corrections’ centre or reneging on a probation contract and requiring a moderate degree of supervision to keep him/her on the right path. This juvenile would be at moderate to low risk of reoffending based on an analysis of his/her criminogenic needs factors balanced against the juvenile’s protective factors. v. Recommendations The probation officer should make a recommendation on sentencing based on balancing the best interest of the juvenile offender and the need for public safety. The recommendation should be backed by your analysis of risk and protective factors, as well as taking into account the sentencing options available. The legislation explicitly mentions the recommending of a sentence in the Juvenile Justice Act; consequently, it should not be omitted in the report and left to the judgment of the Juvenile Panel. Moreover, having completed all information gathering to conduct a SER, the probation officer is best placed to understand the child’s best interests and potential risks to public safety. Under the Juvenile Justice Act, 2003 (Act 653) a variety of non-custodial and custodial options are available for children found guilty by the court (section 29): • Conditional or unconditional discharge; • Discharge with an undertaking; • Release on probation for between six and 18 months under the supervision of a probation officer; • Committal to the care of a relative or other fit person; • Order to pay fine, damages or costs; • Order the child’s parent, guardian or relative to pay fine, damages or costs; • Order the child’s parent, guardian or close relative to give security for the good behaviour of the child; • Order the child to be detained in a correctional centre for up to three months if the child is
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under the age of 16, up to six months for a child 16 to under 18, or up to three years if the child committed a serious offence (defined as murder, rape, defilement, indecent assault; robbery with aggravated circumstance, drug offences; and offences related to firearms) (section 46); and • Deal with the case “in any other lawful manner the court considers just”, however, section 32 explicitly prohibits a sentence of imprisonment or the death sentence. Remember that deprivation of liberty should be used only as a measure of last resort, and for the shortest appropriate period. Deprivation of liberty should be imposed only after careful consideration of all other options, and must be used only in cases where the child has committed a serious act involving violence against another person or if the child persists in committing other serious crimes and there is no other appropriate response. When custody is proposed as an option, the report should include expected adverse effects on the offender and his/her family, his/her education or employment and any specific considerations regarding the sentence length, which the court may find relevant. If probation or a supervision order is recommended, the report should include a very basic outline of the supervision plan proposed for the offender. It should describe the purpose of the plan the methods to meet that purpose and activities that may be undertaken to achieve the goals. The outline should include activities to strengthen the juvenile’s protective factors and minimise criminogenic risks. The report should also include a justification of how the plan proposed meets the need to change the juvenile’s behaviour. Other sentencing options may involve community justice processes, restorative victim-offender mediation, service to the community or victim undertaking with strict guidelines, compensation to be paid to victims (perhaps with a schedule of payments), if warranted, and other non-custodial alternatives that will be developed as part of the Justice for Children Policy, 2015. Although most of these options are not yet operational, they are likely to be available as sentencing options soon. If a probation officer wishes to propose a community justice process or service option, even before these have been fully developed, she or he should do so, if it is in the best interest of the juvenile. Tips for Sentencing Recommendations with regard to making recommendations in the best interest of the juvenile offender, consider the following before making a custodial recommendation: • You must be of the opinion that the offence, or combination of the offence and one or more offences associated with it, was so serious that neither a community sentence norfine alone can be justified. • You must make a proposal about an appropriate length for a custodial sentence, taking into account the minimum and maximum duration required in the Juvenile Justice Act. • You must have concluded that there is significant risk of serious harm to members of the public from the actions of the offender and potential future offences. In essence, you have the belief that the child or young person is a “dangerous” offender. When making recommendations for supervisory sentences in the community: • You must be of the opinion that the offence, or combination of the offence and one or more
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offences associated with it, was serious enough to warrant a community sentence. • You must have considered and determined what restrictions on the juvenile’s liberty are commensurate with the seriousness of the offence. • You must have ascertained the suitability of the offender for the particular requirements to be imposed in a supervision or probation order. If the juvenile should receive an absolute discharge, a conditional discharge, a fine or compensation order, or a referral order, you must explain clearly why and account for why the sentence was not proposed earlier by the prosecutor. vi. Concluding the SER Investigation Once the probation officer has collected all necessary information, analysed it, performed a risk/ protective factors assessment, considered and decided on recommendations, and prepared a final report, the juvenile court must ensure that the contents of the SER are made known to the juvenile offender and/or his or her legal representative. The report should also be made available to the offender’s parent or guardian, if they are present in court. The prosecutor should also receive a copy of the SER. In exceptional cases, the court may decide to not release portions of the report to the offender’s family if the report places him/her at risk of significant harm. The report is provided to the prosecutor only for the purpose of enabling the prosecutor to make representations to the court about matters contained therein and the SER is not to be used or retained by the prosecutor for any other purpose. Remember that the SER must be: Balanced; Impartial; Timely; Focused; Free from discriminatory language and stereotyping; Verified and factually accurate; Understandable to the young person and his or her parents/ guardian.
Information must be edited to ensure only that which is relevant to the SER is retained. The format, wording, grammar, style and flow of the SER must be appropriate for presentation at court and follow standard practice.
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Session 5: Probation: Commencement, Planning and Management125
Probation is a programme and period of supervision in which the juvenile offender’s freedom is limited and activities restricted. Probation has been called the “workhorse” of the juvenile justice system – as, in many jurisdictions, probation is the most common disposition in juvenile cases that receive a juvenile court sanction. Typically, a juvenile offender must obey both the general terms of probation and any additional requirements tailored to the particular circumstances. The probation officer works with families/guardians to keep juvenile offenders out of trouble and helps to solve problems that exist with the family. The probation officer also works with the juvenile, his or her family members, mentors, service providers, teachers and other interested adult supporters, to design and execute service plans tailored to the strengths and needs of the juvenile offender. This session discusses with participants the process of commencement, planning and management of probation, the professional responsibilities and roles of the Probation Officer in commencing probation, probation supervision, records and case planning, as well as probation breaches and violations, discharge of probation etc.
Facilitators’ Action a. Kick start the discussions on the session by informing participants that in this session they would be discussing the process of commencement, planning and management of probation, the professional responsibilities and roles of the Probation Officer in commencing probation, probation supervision, records and case planning, as well as probation breaches and violations, discharge of probation etc. b. Add that according to the Justice for Children, Policy probation is the release of an offender from detention, subject to a period of good behaviour under supervision. c. Remind them that the Objective 3 of the Justice for Children Policy is to Strengthen programmes for rehabilitation, social reintegration and resettlement and the strategies to achieve this objective are: • Strategy 3.1: Strengthen social reintegration and resettlement of children to address juvenile delinquency and social needs of the juvenile; • Strategy 3.2: Increase the number of probation officers and enhance the professionalism of the justice for children delivery system. d. This is why it is important to discuss issues of probation as part of the processes in the system of delivery of justice for children. e. Now ask them what is meant by Probation in the juvenile justice system and capture their responses on the flip chart. Ensure that the definition the group would accept is close to what is provided in the hand out below.
125 Probation Desk Manual, Department of Social Welfare, Ministry of Gender, Children and Social Protection, May 2018
Social Welfare | Part Two 252 Part 2: Social Welfare f. Add that typically, a juvenile offender must obey both the general terms of probation and any additional requirements tailored to the particular circumstances. The court usually expects that parents or a guardian will help the offender fulfil the conditions of the probation order. These conditions can include • community service, • attendance at a certain school, • counselling, curfews, • orders that the juvenile does not associate with certain individuals (as in cases involving suspected gang members) • and life skills training As part of probation, some juvenile offenders must attend special day treatment programmes that provide additional monitoring and educational services including anger management classes, social skills building and substance abuse education, when these services are available. According to Section 31 subsection (5) of the Juvenile Justice Act the period of probationary supervision can fall between six to 18 months g. Now divide the participants into 5 groups, provide them with copies of the Handout Notes 2.5.5 - Commencement, Planning and Management of Probation below and ask them to discuss and come present to the entire group at plenary with examples or case scenarios issues on the following topics: • Group 1 - General Overview of Probation and Provisions in the Juvenile Justice Act - Probation • Group 2 - Probation Officer’s Role • Group 3 - Commencing Probation, • Group 4 - Probation Supervision • Group 5 - Records and Case Planning • Probation Breaches and Violations and Discharge of Probation h. After the presentation by each of the groups on their assigned topic/issue at plenary, allow the participants from the other groups to ask questions and contribute the discussions on the particular issue/topic with examples or case scenarios. i. After all the presentations from all the groups as well as all the questions and contributions from the rest of the participants, ask them to describe under which circumstances Probation Breaches and Violations occur and what is supposed to be done when it happens. j. Again capture the key points that would be mentioned by the participants on a flipchart and add to the discussion using the information provided in the Facilitators’ Notes 2.5.5 -
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Probation Breaches and Violations and Discharge of Probation k. Finally ask them to use examples or case scenarios to describe what is done for a Discharge of Probation. Capture the key points in the responses on a flipchart and allow for more questions and contributions before concluding the discussions on the session.
Handout Notes 2.5.5 - Commencement, Planning and Management of Probation i. General Overview of Probation Probation is a programme and period of supervision in which the juvenile offender’s freedom is limited and activities restricted. Probation has been called the “workhorse” of the juvenile justice system – as, in many jurisdictions, probation is the most common disposition in juvenile cases that receive a juvenile court sanction. Specific terms of probation vary widely from jurisdiction to jurisdiction, and from case to case. Typically, a juvenile offender must obey both the general terms of probation and any additional requirements tailored to the particular circumstances. The court usually expects that parents or a guardian will help the offender fulfil the conditions of the probation order. These conditions can include community service, attendance at a certain school, counselling, curfews, orders that the juvenile does not associate with certain individuals (as in cases involving suspected gang members) and life skills training. As part of probation, some juvenile offenders must attend special day treatment programmes that provide additional monitoring and educational services -- including anger management classes, social skills building and substance abuse education, when these services are available. The period of probationary supervision can fall between six to 18 months. (Sec. 31 (5) JJA) The overall approach to supervision relies on assessing risk and supporting youth and families in order to provide them with the tools to change behaviours. The old “one size fits all” model of supervision fails to improve outcomes; hence policies and practices must be tailored for the specific needs and supervision requirements of individual youth. This means that some juvenile offenders receive minimal supervision, while others require more support in order to address public safety, the offender’s specific behaviour and risk and his/her rehabilitation needs. Itis important that each condition placed on the youth contributes to public safety, treatment or rehabilitation. ii. Provisions in the Juvenile Justice Act - Probation Section 31(1-6) states that a juvenile offender under probation shall be under the supervision of a probation officer appointed for or assigned to the district where the juvenile offender resides. The circumstances such as the nature of the offence, the character, antecedents and home surroundings provided in the social enquiry report shall be considered by the court when granting or amending a probation order.
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If the Juvenile breaches the conditions of the probation order or commits an offence during the period of the probation order, the Juvenile is liable to be sentenced for the original offence. A probation order shall be valid for not less than six months or more than 18 months (1) A juvenile court may grant or amend a probation order made by it or any other court if it considers it in the best interest of the juvenile to do so. (2) Circumstances such as the nature of the offence, the character, antecedents and home surroundings provided in the social inquiry report shall be considered by the court when granting or amending a probation order. (3) The court shall explain to the juvenile offender in a language that the offender understands, the effect of the order. (4) If a juvenile breaches the conditions of the probation order or commits an offence during the period of the probation order, the juvenile is liable to be sentenced for the original offence. (5) A probation order shall be valid for not less than six months or more than eighteen months. (6) A juvenile offender under probation shall be under the supervision of a probation officer appointed for or assigned to the district where the juvenile offender resides. iii. Probation Officer’s Role The probation officer is not merely an agent of simple surveillance of the child, but a “broker” of services, a problem solver and a change agent. Put simply, the probation officer works with families/guardians to keep juvenile offenders out of trouble and solve problems that exist with the family. The child or young person, his or her family members, mentors, service providers, teachers and other interested adult supporters, work with the probation officer to design and execute service plans tailored to the strengths and needs of the juvenile offender. In order to carry out this role, probation officers do the following: • Maintain regular contact with offenders and their families, including • home visits (sometimes unannounced), • building rapport and supporting family development of positive relationships, • communicating expectations of the juvenile justice system and the probation system, • and providing supervision, support, case management and intervention, as needed. Each contact should be recorded in the juvenile offender’s casefile. • Identify and maintain collateral contacts, including community resources, services, community supervisors and any others who are part of the child/youth and his/her family’s plan. Remember that juvenile cases are confidential and collaboration with others may require that release forms be signed by the parent and/or the offender to authorise transfer of information between agencies. Record a summarised account in the juvenile offender’s case file after every collateral contact. • Assist offenders and their families to recognise and accept their responsibilities by:
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• ensuring that the supervision plan reflects the child and family strengths and needs, as well as his/her age, offence severity, type of crime and level of assigned supervision, • providing juvenile offenders and their families with a copy of the probation rules and supervision plan, • ensuring that they understand it, sign it and commit to honouring it. Explain to the children and their families that the rules must be followed strictly, unless specific permission is given by probation for special occasions such as curfew extensions, family trips or delays in reporting for good reason. • Know how to coordinate services, including awareness that community-based intervention is usually most appropriate for juvenile offenders. What can be very effective for juvenile rehabilitation and nurturing roots and belonging to the community include formal community resources, agencies that target specific problem areas and behaviours, and informal resources, which tend to be more generic, such as church youth groups or sports teams • Never make referrals haphazardly without considering the overall appropriateness of the action. Also, it is important to realise that “more” is not necessarily “better” in making referrals to community services. • Many new probation officers believe that juvenile offenders are best served by referrals to numerous community-based interventions. • Experienced juvenile probation officers realise that a single, appropriate referral is more effective. • In addition, successful juvenile probation officers involve offenders and their families in determining needs and contacting the appropriate resources to meet those needs. • Depending on the local jurisdiction, contracts between community agencies and probation departments must be in place before services can be provided. • Provide direction and guidance, knowing that efforts spent in supervision activities are aimed at assisting juvenile offenders in making permanent changes in their behaviours, perception and judgments. To maximise these efforts, it is critical that a child’s needs and strengths are defined and understood clearly by both the juvenile probation officer and the child him/herself. An assessment of the offender’s needs includes: • clarification of the level of risk the juvenile offender poses to the community; • the capacity of the family/community to monitor him/her; • problem behaviours, • thinking errors and skill deficits; • mental health and/or substance abuse problems • and educational concerns.
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An assessment of strengths includes: • positive family relationships, • school and extra-curricular activities, • personal interests and hopes, • academic/vocational abilities, • community/social relationships, • maturity, attitude and remorse for the crime. iv. Commencing Probation
General procedures after the Order is made All juvenile offenders placed on probation must be assigned to a probation officer andbe supervised until discharged or transferred to another officer. The probation officer must establish initial contact with the juvenile offender within 24-hours of release on probation. If convenient, contact could be made with the probationer and his/her family before they leave the court. At this time, the probation officer must inform the offender that the role of probation is to monitor the conditions of the court, but also work with the offender and his/her family on areas that may reduce his/her likelihood of continued involvement in the criminal justice system. The probation officer must serve the order on the probationer as soon as possible and furnish written conditions of supervision to the juvenile offender and parents/guardians, explain the terms and obtain signed acknowledgement from both. The offender and his/her family should receive a copy. The case plan can be prepared at a follow up meeting with the juvenile offender and his/her family. General terms of the probation order often include the following, but should be specifically adapted to each probationer and his/her family requirements: • An agreed upon location of residence; • Agreement that the child/youth will get approval from the district Department of Social Welfare before travelling outside the district; • Agreement to abide by the law; • Attendance at school, work or in apprenticeship, as required, maintaining a satisfactory performance; • Respecting a curfew; • Agreement to warrant less search of the probationer, his/her residence and any personal property when reasonable suspicion exists; • Establishment of a restitution payment plan, if applicable; • Agreement to attend regular meetings with the supervising agent (probation officer or community member), as detailed in the plan; and
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• Complying with all instructions and executing programming, as detailed in the case plan. If any of these conditions do not meet the probationer’s treatment or rehabilitation and do not serve public safety, they should be dropped from the order. These orders come from the court. v. Probation Supervision The head of the district probation unit will assign juvenile probation supervision cases. A case plan should be developed at the first meeting with the probationer and his/her family. Information on developing the plan can be found below. Juvenile offenders should be provided with a Supervision Level classification, as below: • Maximum – this level is the most restrictive and requires frequent (weekly) contact with a probation officer. All probationers usually begin their probation at maximum supervision levels for at least one month. Community supervisors are usually not used for maximum supervision. • Medium – this level provides for a greater focus on family issues and the need for therapeutic intervention. It may use community supervision, but often has close probation officer involvement. Meetings are usually monthly, but may become less frequent as conditions in the case plan are met, such as improved life skills and drug rehabilitation programs are completed by the probationer, as an example. Meetings with the probation officer are held once or twice per month. • Minimum – this level allows for probationers and families to provide more input on privileges and consequences, adapting the terms of the case plan as time goes on, as circumstances remain stable. Probation officers must approve changes and supervision meetings are usually held every four to six weeks. Minimum supervision is easily provided by community members. • Administrative – this is the least restrictive level of supervision and is usually designed for the final phase of probation supervision or when a probation order is discharged, but administrative tasks remain to be completed by the probationer. Meetings with a community supervisor or probation officer are held as needed under this level. If the probation officer is not located within the probationer’s community and the supervisory level required is not maximum, she or he may identify someone of high moral character and standing in the community who can act as a community supervisor, standing in for the probation officer. The probation officer will be in regular contact with a community supervisor, receiving reports no less than monthly and conducting face to face meetings with the probationer and supervisor no less than every 60 days. Case contacts with the probationer must be periodically conducted at his/her home, place of employment or school, in the probation unit’s office or at other appropriate places by the probation officer, even when a community supervisor is being utilised. Contacts may also be conducted with other persons interested in the probationer’s welfare, such as employers, relatives, friends, school officials, clergy, welfare and other agencies. The probation officer must maintain confidentiality requirements and data practices standards in these contacts.
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The probation officer must maintain a written record of visits and contacts regarding the probationer. This record must present an evaluation of the juvenile offender’s progress and adjustment under supervision and is used as a basis for determining further supervision strategies. Record keeping of the chronological case record must be completed as follows: • Enter the date of contact; • The focus on the visit or contact must be based on a risk/need factor, any ambivalence or barriers to change detected in the probationer and progress on goals worked on. The probation officer should use interviewing techniques to motivate the offender. The information in this record, along with other notable developments or changes, requires the probation officer to update the status of special conditions and the Case Plan. As the supervisors of the juvenile offenders’ court order, probation officers should and must seek to promote the welfare needs of their supervisees or clients, in a manner that empowers them to confront their negative behaviour, develop new and acceptable skills which can support and assist them stay clear of re-offending or recidivism. There should therefore be a care plan, strategies and approaches in offering new hope of alternative lifestyles to your clients. These are some strategies needed in your intervention to help the offender come out from the problem: • cognitive behaviour modification therapy, • victim awareness and empathy work, • positive role modelling, • problem solving techniques and methods, • family therapeutic intervention initiatives, • anger/conflict management, • building self-esteem, • self-value, • substance misuse intervention therapy and • trade-skills training and education just to mention a few. vi. Records Notes must be kept up to date in order to present at court proceedings. Include dates, times, locations and persons present, along with the narrative of the contact. Probation officers must clearly identify the source, verification and confidentiality of the materials in the case file. At a minimum, records for each probationer must be kept of the following: (1) Probation Agreement; (2) Supervision level classification and notes as it changes; (3) Case Plan;
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(4) Service referrals/restitution/certificate of restitution/fine receipts; (5) Probationer Progress or Violation Reports/case updates; (6) Correspondence; (7) Monthly reports; (8) School – grades or Work - progress; (9) Travel permits; (10) SERs; (11) Police reports; (12) Violation Reports; (13) Letters notifying police of court-ordered probation; (14) Discharges; (15) All court documents; and (16) Incoming transfer requests. Probation officers must have at least one face to face contact with the probationer every 30 days unless she/he is on minimum or administrative supervision, when meetings can be less frequent. When supervision terminates, such as when the court approves and orders a discharge or when a probation violation results in a custodial sentence and termination of probation, this too must be filed in the probationer’s records. vi. Case Planning The probationer’s Case Plan provides the focus for case management and supervision planning. It is distinct from the probation conditions, which require that the juvenile adhere to certain restrictions on his/her living conditions. The case plan, on the other hand, is a framework drawn up between the probation officer and the juvenile/young offender and his/her family that lists activities for the probationer and his/her family to undertake and complete during the supervised period. These activities are targeted to address the juvenile’s risk or criminogenic needs factors to diminish the likelihood of re-offending and to strengthen the protective factors of the family and juvenile in order to facilitate rehabilitation and reintegration. All probation officers must develop plans for cases at medium and maximum supervision levels. Plan implementation must begin within 30 days of the juvenile offender being placed on supervision. The offender and his/her family must be consulted in the development of the plan with their input considered and integrated, as much as possible. The plan should be signed by the probationer and his/her parent or guardian. It forms the basis for case management reviews at meetings between the probationer and his/her probation officer. The case plan is a living document which must be regularly adjusted to respond to benchmarks achieved, the needs and the performance of the juvenile offender.
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The probation officer has primary responsibility for tracking that the case plan for a youth and family is carried out and for coordinating and evaluating services. She/he will have regular contact with the youth and family. The probation officer will ensure that: • Services and supports are in place to address the youth’s likelihood of reoffending; • Family preservation is maintained to the greatest extent possible; • The case plan/behaviour contract provides the supervision necessary for the juvenile or young person; • Permanency is achieved for the young person or juvenile; • Opportunities for family involvement are maintained; • If the juvenile is placed out-of-home, she/he is placed in the least restrictive environment available in close proximity to his/her family; • The juvenile or young person and each family member are offered appropriate services for achievement of the case plan; • Services to the juvenile and family are coordinated; • Interventions are done in a least restrictive way to meet the juvenile’s needs for supervision; • Probationers are prepared for adulthood, with specific focus on services to those aged 16 through 18. The plan is to be monitored with each contact the probation officer has with the juvenile or young person and progress is to be noted with regard to each of the activities. Progress reporting should include: • What changes (if any) have occurred with respect to the conditions and behaviours which contributed to the probationer offending? • What case plan activities have been accomplished and how does the probation officer know that they have been accomplished? • What progress has been made toward achieving the outcomes of reducing risk and strengthening assets? • Are services being provided as planned and/or are other services needed to help the juvenile and his/her family achieve case goals? • Identify or document unanticipated barriers. • Should a new case plan or referrals be developed based on the progress or lack of progress? • What is the current level of risk of re-offending?
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Facilitators’ Notes 2.5.5 - Probation Breaches and Violations and Discharge of Probation i. Probation Breaches and Violations A probation officer should not ignore any problems that arise in the supervision of the juvenile offender, such as failure to report or failure to comply with conditions of the probation order. In early stages, it is recommended that the probation officer contacts the home immediately after such failures, but even in the middle or towards the end of the supervision, no more than two consecutive failures should pass without a home visit and attempt to discover the causes. A re-assessment of the probationer, his or her home and the rehabilitation process may sometimes lead to changes in case plans, which is preferable than threatening court action or following through, when this option should be a last resort only. A probation violation occurs when the juvenile offender fails to meet the conditions of probation. • This may necessitate a modification of probation conditions and/or violation hearing. • A decision regarding appropriate action should be taken at the Probation Unit. • Some options are to increase the level of supervision, increase restrictions or make corrections to the probation unit. • If modification of the Probation Agreement is a less restrictive alternative and is deemed appropriate by the Probation Unit and the court, the probation officer must abide. • New offence violations result in juvenile court proceedings. • The probation officer must immediately investigate all arrests, petitions and alleged violations of probation conditions in order to determine the action required. • If the juvenile offender admits to a new offence, the probation officer may initiate a probation violation hearing. • The commission of a new offence must be reported to the court, subject to review by the head of the probation unit. • The probation officer must be prepared to make a recommendation to the court, if there is a finding of a violation. • Any recommendation to the court must include supporting justification for actions or resolutions. • Alternatives to confinement must be considered to the extent that public safety and the best interest of the juvenile offender are not endangered and the possibility of successful community intervention exists.
Social Welfare | Part Two 262 Part 2: Social Welfare ii. Discharge of Probation Probation orders can either end by the period of supervision expiring or when a new order is made revoking the probation. Most often, probation ends when the term imposed by the court expires and rarely have probation officers made use of probation revocation in circumstances where the juvenile is rehabilitated prior to the end of the court-mandated probation term. Yet, it is worthwhile for probation officers to consider early termination and make applications to revoke the probation order when the term is significantly longer than rehabilitation requires.
Remember that according to Section 31 subsection (5) of the Juvenile Justice Act the period of probationary supervision can fall between six to 18 months.
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Session 6: Juvenile Aftercare, Reintegration, Planning and Management126
Juvenile aftercare refers to the services designed to prepare juveniles and young offenders who served custodial sentences for re-entry into the community. Ideally, planning for aftercare begins the moment the youth or child enters the justice system, including while in custody. Both the junior and the senior correction centres have an appointed aftercare officer who is charged with maintaining links between the offender and his/her family, conducting group programming to facilitate and develop individualised reintegration programming for each juvenile offender while in custody. This session discusses with participants the procedure for after care and reintegration, enforcement of license, progress report and full discharge of a juvenile offender as well as key elements of Prisons Social Work (for adult offenders).
Facilitators’ Action a. Begin the session by stating that at the very core of social work is the principle that every human being has inherent dignity and worth, and that everyone, regardless of ethnicity, creed or social class should be treated in a caring, respectful manner and must have access to basic human needs and services127.Thus regardless of committing an offense, part of services social workers provide is to support juveniles with aftercare services to prepare juveniles and young offenders who served custodial sentences for re-entry into the community. b. Remind them that in the previous session, we talked about the Objective 3 of the J4CP which is to Strengthen programmes for rehabilitation, social reintegration and resettlement and the first strategy to achieve this objective is to strengthen social reintegration and resettlement of children to address juvenile delinquency and social needs of the juvenile; c. Ask the participants what they understand by Juvenile Aftercare and the main aims of aftercare and capture their responses on the flip chart. d. Also ask them to explain who an Aftercare Officer is and what are the duties of an Aftercare Officer. Again capture their responses on the flip chart. e. Use the key information presented in the Facilitators’ Notes on Juvenile Aftercare as well as the PowerPoint Presentation 2.5.6 - Juvenile Aftercare and Reintegration to contribute to the definitions of Aftercare, the aims and procedure for aftercare and reintegration.
126 Probation Desk Manual, Department of Social Welfare, Ministry of Gender, Children and Social Protection, May 2018 127 National Association of Social Workers, “Code of Ethics.” http://www.socialworkers.org/pubs/code/code.asp
Social Welfare | Part Two 264 Part 2: Social Welfare f. Remember to discuss with the participants, issues concerning the conditions of aftercare plan, the four levels of aftercare supervision based on re-offending risk, enforcement of licence, failure to comply with the requirements of the licence, breach of licence as well as progress reports and full discharge as described in the Facilitators’ Notes2.5.6 - Juvenile Aftercare. g. To conclude the session, allow them to ask questions and also contribute to the discussions using examples from experiences during their line of duty as well as case scenarios and conclude the session by reaffirming the statement in the text box below.
After-care for both juveniles and adults is to establish rapport, assist, guide and advice. Success is measured in terms of self-reliance. At times when they come out and they are assisted and guided, they always rely on the officer. This is because at the prisons /JCCs/SCCs, they are dependent. If that continues then the After Care Service has failed. In your advice as an After Care Agent, try to help the prisoner/juvenile exercise self-discipline, self-control, self-respect and finally self-reliance.
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Facilitators’ Notes 2.5.6 - Juvenile Aftercare
Juvenile aftercare refers to the services designed to prepare juvenile and young offenders who served custodial sentences for re-entry into the community. Ideally, planning for aftercare begins the moment the youth or child enters the justice system, including while in custody. Custodial sentences disrupt a child or young person’s life by removing him/her from family, school, work (in some cases) and the wider community. As a result, he or she loses the support that family, friends and community members provide. Transitioning home can be even more difficult for youth who are already experiencing the transition from adolescence to adulthood. Aftercare programmes aim to overcome these challenges by offering re-integrative services and on-going support. Aftercare services begin while the juvenile offender is still detained, continues through the transition back into the community and are maintained during a supervision period in the community, which is legislated as one year (Juvenile Justice Act, sect. 52 (3)). Release into the community can occur after the juvenile has served his/her full sentence in a corrections’ facility or when released early on licence, if the person in charge of the facility is satisfied that the young person will abstain from crime and lead a useful and industrious life. Juveniles in aftercare are under the supervision of a local probation officer or a community supervisor from the district in which they will reside. Aftercare requires collaboration between the corrections’ centre, the district probation office and the community in order to deliver effective services and supervision. It may also involve partnerships between public and private organisations, such as NGOs or churches and mosques, to expand the overall capacity of services for youth. Aftercare programmes have different components, depending upon the unique needs of the child or youth. Since aftercare intervention strategies concentrate on changing individual behaviour in order to prevent future delinquency, they are focused on mitigating risks that the juvenile will return to offending and strengthening protective factors in his or her life. For example, a youth who committed an offence while high on drugs will be supported with programming to get him/ her off of drugs for good, in order to reduce offending behaviour. Another child may have acted out as a result of learning disabilities and an inability to control his/her impulses. Aftercare programming for this child will likely include remedial school tutoring and life skills education, focused on developing and improving his/her coping strategies and skills. Aftercare programming should not neglect the family. Families, too, require a period of adjustment and new skills to welcome a child back home and help him/her be successful in the transition. It is especially important to find ways to support families if home dynamics contributed to the child’s offending in the first place. Too little supervision, too much supervision, too harsh discipline, inability to be at home, among other factors, all contribute to a lower level of protection and care for a child. Parenting skills and support often go hand in hand with programming for the child or youth. The aftercare plan usually includes additional conditions that the child and his/her family/ guardian must meet:
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• make the transition from custody to release easier, to build on the strengths of the juvenile and his/her family, • minimize as much as possible the risk of re-offending with a focus on the factors that contributed to the offending behaviour • and develop the capacities of the juvenile to become a healthy and well equipped citizen who contributes to society Remember, each child and young person is unique, requiring an aftercare plan that suits his/her specific needs to build on strengths and minimise risks in order to stay out of trouble and become a successful member of society. An example of some of the conditions that might be included in a plan are: • Ensuring youth complete high school — Education in youth facilities is often substandard and youth in adult facilities may get none at all. The child has a much better chance at success if she or he has the critical and analytical skills gained through high school, as well as the diploma required to secure good employment or continue his/her education. • Preparing youth for the job market - Many youth leaving facilities are older teens who will soon be looking for jobs. Some will have gained technical or vocation skills while in corrections, but will likely not have developed the “soft skills” required to succeed in interviews and with co-workers. Once they are released, internships, apprenticeships and subsidised employment opportunities can help them to catch up with their peers and ready them for the working world. Voluntary service opportunities may also help the juvenile gain valuable experience in the field she or he wishes to work. • Supporting physical and mental health - Having a child keep active and busy is very important for his/her health and well-being, particularly when finding free time and freedom in the new environment which was not there before. Regular exercise, along with counselling that supports the youth’s weaknesses or challenging behaviours, is valuable for transition success. Removing barriers to health insurance is essential. • Family conferences - Regularising family meetings for discussions on what is going well and what needs improvement can be very useful at ensuring adherence to an aftercare plan. These meetings may be facilitated by a community supervisor or probation officer, or by someone else trusted by all members of the family. i. Four levels of aftercare supervision, based on re-offending risk In developing the discharge contract and aftercare plan, it is important to keep in mind the four different levels of supervision required for the juvenile and aligning the contract with the level he or she requires. These levels are used to help the probation officer and Aftercare Officer determine appropriate frequency of meetings and visits and how closely the terms of the contract and plan must be monitored. • Maximum – this level is the most restrictive and requires frequent (weekly) contact with a probation officer. Often, maximum supervision is used for the first month that the child is
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released. Community supervisors are usually not used for maximum supervision. • Medium – this level provides for a greater focus on family issues and the need for therapeutic intervention. It may use community supervision, but often has close probation officer involvement. Meetings are usually every one to two times per month, but may become less frequent as conditions in the aftercare plan are met, such as improved parenting skills and drug rehabilitation programs are completed by the juvenile, as an example. • Minimum – this level allows for juveniles and families to provide more input on privileges and consequences, adapting the terms of the aftercare plan as time goes on and as circumstances remain stable. Probation officers must approve changes and supervision meetings are usually held every month to six weeks. Minimum supervision is easily provided by community members • Administrative – this is the least restrictive level of supervision and is usually designed for the final phase of aftercare supervision or when a probation order is discharged, but administrative tasks remain to be completed by the probationer. Meetings with a community supervisor or probation officer are held as needed under this level. Supervision is usually quite frequent at the beginning of the juvenile’s discharge since the early stage of reintegration is when problems are most likely to present themselves. Consequently, the probation officer will have visits and meetings with the child/youth and the family at one week intervals at the beginning of the juvenile’s release. The frequency of visits and meetings may taper off as more conditions in the aftercare plan are executed and the child/youth and family are deemed to be stable. Consequently, medium level supervision may be downgraded to minimum, as evidence of effective reintegration mounts. On the other hand, supervision can be increased when there are breaches of the contract, failures to comply and delays in meeting the requirements of the plan. A juvenile at medium supervision level may require a period of maximum supervision to get back on track. Other consequences may include loss of privileges, house arrest or other responses. The probation officer will keep records of the supervision and report on the juvenile and family’s progress in executing the aftercare plan. ii. Enforcement of Licence If a juvenile on licence (released early from his/her custodial sentence) does not meet the terms of his/her discharge contract and plan, called the Licence, responses may differ depending upon the severity of and reasoning behind not meeting the terms of the licence. These releases are supervised by the Aftercare Officer (through a local probation officer) since, technically, the corrections’ centre is still responsible for the juvenile who has not yet completed his/her custodial sentence. Failure to comply with the requirements of the licence results in the Aftercare Officer seeking an explanation from the offender and/or his parents. If the explanation is not acceptable, the Aftercare Officer will record the incident as an instance of failure to comply in the offender’s record at the corrections’ centre. The offender and his family should be advised formally (in writing and orally) of the likely consequences of further failure, which are likely to result in the offender’s return to
Social Welfare | Part Two 268 Part 2: Social Welfare the institution. The offender and family should indicate that they understand the consequences and any response to the warning should also be recorded. Breach of Licence results in the juvenile being immediately returned to the institution from where the licence was granted. Failure to return will result in the juvenile’s arrest, without warrant, and his/her return to the corrections’ centre. iii. Progress Reports and Full Discharge During the supervisory period, the probation officer is responsible for regular (quarterly) progress reports to the court. These should indicate how the juvenile is meeting the requirements of the licence or aftercare contract and plan, assess his/her familial and community support and evaluate the juvenile’s personal progress. The probation officer may use the same forms for progress reporting that are used during probation. Once the period of aftercare supervision ends, if the juvenile has followed all conditions required for successful reintegration, he or she is considered to have fully completed the sentence and is no longer under supervision. A final meeting with the family and child or youth should be scheduled shortly before the supervision ends in order to determine if any additional referrals would help the youth and the family to stay on track. The family and youth should be reminded that juvenile records are confidential and that they have the right to apply to have records expunged or sealed, if that would assist reintegration and minimise stigmatisation. They should then be congratulated and wished well. Remember, children in conflict with the law have deep capacity to learn and change. Effective aftercare and reintegration programming and support makes success more likely.
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MODULE 6 – SOCIAL PROTECTION
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MODULE 6: SOCIAL PROTECTION128,129, 130 INTRODUCTION TO THE MODULE
The provision of social protection has traditionally been seen as alleviating the impacts of insecurity, poor health, economic and social vulnerability and can help preserve basic standards of living for all. More recent debates have raised the question about whether this traditional perspective feeds a dependency model or whether it is possible to construct social protection systems that are socially transformative by reducing inequality and building social justice. Social protection systems should have a preventive and sustainable effect; strengthening resiliency of individuals, families and communities and enhancing the capability to react to risks of life. According to the National Social Protection Policy the definition of social protection for Ghana is “a range of actions carried out by the state and other parties in response to vulnerability and poverty, which seek to guarantee relief for those sections of the population who for any reason are not able to provide for themselves. The Child and Family Welfare Policy also defines Social Protection131 (SP) as a national system of policies and programmes that aim to prevent, reduce and mitigate vulnerability and persistent poverty. Such a system is commonly made up of social transfers, social insurance, and programmes that promote access to social services. Investments in social protection globally have shown to have sustainable impacts on poverty reduction as poor people become productive. If implemented well, social protection also prevents and responds to protection risks faced by children and young people. The focus of this module is to discuss with participants what Social Protection is, and to provide understanding on the elements of a social protection system; Legal frameworks for SP, Identification and Selection of who should Benefit from a SP, the Basics of SP Administration, Management Support Functions for SP Administration, Monitoring and Evaluation, SP Coordination as well as Financing Social Protection. The module also provides an overview of the SP flagship programmes in Ghana.
This module has seven (7) sessions and they are: • Session 1: What is Social Protection and Why Do We Do It? • Session 2: Legal Frameworks for Social Protection • Session 3: Ghana’s Flagship Social Protection Programmes
128 Social Welfare and Community Development Training Manual, Local Government Service, March 2014 129 Ghana National Social Protection Policy, Ministry of Gender, Children and Social Protection, November 2015 130 Child and family Welfare Policy, 2014, Ministry of Gender, Children and Social Protection 131 Ibid
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• Session 4: Identification and Selection of Beneficiaries of a Social Protection Programme • Session 5: Basics of Social Protection Administration • Session 6: Management Support Functions for SP Administration in Ghana • Session 7: Financing Social Protection
Learning Objectives
By the end of this module, participants would be able to: • Clarify some of the typical SP terminology including what Social Protection is • Understand and explain the elements of an SP System; legal framework, selection and identification of beneficiaries, basics of SP Administration and the management support functions, coordination as well as monitoring and evaluation of SP delivery • Understand and explain the importance of financing the social protection sector • Explain the leadership skills required to drive success and transformation in SP delivery in Ghana
Estimated time: 4 hours
Materials • The TRANSFORM Resource (for reference) • PowerPoint Presentations • Facilitators’ Notes • Flip Charts • VIPP Cards • Masking Tape • Markers of different colours • LCD projector • Laptop • Footballs (2) and balloons (a pack)
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Session 1: What is Social Protection and Why Do We Do It?
The National Social Protection Policy defines social protection for Ghana as “a range of actions carried out by the state and other parties in response to vulnerability and poverty, which seek to guarantee relief for those sections of the population who for any reason are not able to provide for themselves. It encompasses a broad range of policy instruments. Comprehensive social protection systems provide universal protection and in doing so provide for different needs and for different segments of population. Social workers need skills, knowledge and expertise to work alongside people and support them on that journey through change so that they can achieve individual and collective wellbeing and this is the purpose of this session; to equip social workers with the knowledge and skills needed to provide effective social protection services to the needy and vulnerable in society. This session therefore focuses on providing the participants with the definitions and clarifications of all the terms and jargons used in social protection as well as what a social protection system is. This is very important since most of the terms would be referred to in the cause of the discussions in the entire module.
Facilitators’ Guide a. Introduce the Module of Social Protection to participants by summarizing the introductory part and afterwards inform them that a lot of the content for this module is fromthe TRANSFORM Africa Social Protection Systems Building and Leadership Course, which is a larger 5-day course that goes more in-depth. What would be handled in this module is an abridged version of the 5-day course. b. Inform them also that there will be a total of seven (7) sessions in this module in order to achieve the learning objectives listed. c. Continue by listing the learning objectives on the flipchart and ask the participants to explain each of the learning objectives d. In a Jargon Bursting Activity, let the participants sit in their 5 groups. Inform them that you are going to mention some key terms and you would want the group to which you would throw the ball to come up with the definition. e. Now throw the ball to any one of the groups and ask the group to come up with the definitions of the first key term listed in the table in the Handout 2.6.1a - Social Protection Jargon Busting. Also use the definition provided in the handout to ensure the correct definitions are given by the groups. Construct a score table on a flip chart to award marks for the correct definitions given. The mark for a correct answer is 5, and 2 for bonus. f. If a group is unable to provide the correct answer collect the ball and throw it to another group for a bonus of 2 marks. g. Ensure that most of the terms are covered especially the ones with Asterix (*) on them. After
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one or two rounds, sum up the discussion by providing the participants with the definitions of all the terms in the handout. This is very important since most of the terms would be referred to in the cause of the discussions in this module. h. Continue the session with the slides 1 to 12 of Power Point Presentation 2.6.1 - Social Protection. Also use the information provided in the Facilitators’ Notes 2.6.1 - What is Social Protection and Why Do We Do It as a backup for in-depth understanding of the points presented in the PPT. As much as possible, read the slide-notes to assist you in explaining the key points on the slides better. Some of the Notes also contain instructions for carrying out the exercises/activities. i. In a plenary session ask participants what they think a Social Protection system comprises and what the three levels of Social Protection Systems are. The three levels are the policy level which is the highest and most strategic level of engagement, the programme level and the administrative level. Use the key information in the facilitators’ notes that describes a social protection system to guide the discussions. j. Be sure to mention that a social protection system comprises a portfolio of interventions which address social and economic vulnerabilities using both short-term interventions to address temporary shocks and longer-term approaches to address structural vulnerabilities and chronic poverty. k. After the discussions, continue by conducting the activity on Common Ground Brainstorm - in plenary with a flipchart to map key social protection programmes in Ghana. See slides 13-15 and the slide-notes for instructions as follows: • Based on the tools just presented in slide 14, lead a discussion in plenary on how SP is set up in practice: which programmes fall under each ‘pillar’? What coverage and generosity do they have? Are things organized differently? How? (Visually represent!) Note that this representation will be helpful for rest of the course. • Start from the top of the flipchart and draw a long rectangle saying ‘social protection’ then provide some time for table reflection and ask the room what you should be putting under that? (Slide 15) • Do they have contributory programmes? Which? What are they called? What type of coverage do they have? • Do they have non-contributory programmes? Which? What are they called? What type of coverage do they have? • What other programmes and policies do they have? How do these fit in the picture? How do different programmes relate to each other/coordinate? l. Explain to the participants that we will be using what has been presented and designed on the flipchart throughout the cause of the module. And challenge the participants to start imagining how these would map against the life cycle. m. Continue the session with Slides 16 and 17 on the Show of hands activity. n. The next activity is on why social protection and the purpose is to have participants
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brainstorm on individual and societal impacts of SP. It is also to lure participants out of their current comfort zones relating to typical SP chains of events and change theory through developing ‘complicated’ scenarios. o. Use the Handout 2.6.1b - Instructions for Activity on Why social protection - Developing Scenarios to guide the participants through the activity. p. Debrief (what): Let each group’s spokesperson present the most important and the most contested aspects of their scenario, ideally focusing briefly on each level. q. Learning debrief (so what, now what): Ask participants what they have learned from the exercise, or draw this out yourself, with key learnings including: • social assistance may be channeled to individuals and their households, but can have strong societal impacts (e.g. social cohesion; • there are many negative associations around SP, but these are mostly rooted in fears, beliefs and anecdotal evidence: one falling tree makes much more noise than a whole forest growing. r. Conclude the discussions on this session by using slides 18 to 22 to confirm that there is substantive regional evidence supporting these pathways and debunking some of the myths.
Handout 2.6.1a -Social Protection Jargon Busting
Key Term Definition Social protection* The National Social Protection Policy defines social protection for Ghana as “a range of actions carried out by the state and other parties in response to vulnerability and poverty, which seek to guarantee relief for those sections of the population who for any reason are not able to provide for themselves. Non-contributory social Social Protection financed through tax revenues or through protection / external aid in many low-income countries i.e. the recipient does not contribute to this social protection. Non-contributory social protection often comes in the form of: social transfers Social safety net/ (cash transfers, in kind or vouchers), cash/food for work (public works) or fee waivers for health or education. Social welfare/
Social assistance
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Key Term Definition Contributory social Involve participants making regular payments to a scheme protection/ that will cover costs related to life-course events, for example, maternity, unemployment, old age or illness. Sometimes costs are matched or subsidised by the scheme provider. However… Social Insurance * social insurance is strongly linked to the formal labour market, meaning coverage is often limited to formal workers. Social care services Sometimes classified entirely separately from social protection, social care helps address the interaction between social and economic vulnerability, through services such as home-based care and family support services. Poor relief A system that provides Social protection in the form of financial assistance to the ‘defined’ poor, from state or local community funds. Life cycle relief Social protection that recognises that people need different protection at different stages of their life cycle. The social protection system aims to provide different programs and services in accordance with different life cycle needs. Subsidies Subsidies can keep prices low for basic goods and services consumed by the poor. However, subsidies are often regressive, e.g. on fuel, favours the middle classes who own cars and travel more. Informal social protection Traditional community-based forms of social protection distribute risk within a community and fill some of the gaps left by formal interventions. We should always be asking how state interventions support or corrode such spontaneous systems! Social protection floors* A nationally defined set of basic social security guarantees which secure protection aimed at preventing or alleviating poverty, vulnerability and social exclusion for all – especially those at risk (children, the ill, elderly, disabled & those unemployed). Embedded in ILO Recommendation 202.
* -Ensure the terms with Asterix (*) on them are especially covered
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Facilitators’ Notes 2.6.1 - What is Social Protection and Why Do We Do It? i. What is Social Protection The National Social Protection Policy defines social protection for Ghana as “a range of actions carried out by the state and other parties in response to vulnerability and poverty, which seek to guarantee relief for those sections of the population who for any reason are not able to provide for themselves. Social protection is the set of public actions that address both the absolute deprivation and vulnerabilities of the poor and the needs of the currently non-poor for security in the face of shocks and lifecycle events. It encompasses a broad range of policy instruments such as contributory schemes (maternity benefits, disability insurance and contributory pensions) non-contributory schemes aimed at providing social assistance to those in need (e.g. not able to pay contributions or out of the formal labour market). It also includes non-contributory social services which help address the interaction between social and economic vulnerabilities and other schemes that provide subsidies, nutritional and labour market support. ii. Key Terminologies in Social Protection • Contributory programmes: (also known as social insurance) involve participants making regular payments to a scheme that will cover costs related to life-course events, for example, maternity, unemployment, old age or illness. Sometimes costs are matched or subsidized by the scheme provider. However social insurance is strongly linked to the formal labour market, meaning coverage is often limited to formal workers. • Non-contributory programmes: These programmes are financed through tax revenues or through external aid in many low-income countries. These include social assistance (sometimes referred to as social safety net) which is most commonly targeted at low income groups or vulnerable population categories, providing monetary, non-monetary or semi- monetary support through social transfers or public works. • Social care services: these are sometimes classified entirely separately from social protection. These services help address the interaction between social and economic vulnerability, through services such as home-based care and family support services. • Labour market interventions: these provide protection for poor people who are able to work and aim to ensure basic standards and rights. Interventions can be active or passive: Active labour market policies aim to help the unemployed and the most vulnerable find jobs, through interventions such as job centers, training, and policies to promote small and medium sized enterprises. Passive interventions include maternity benefits, injury compensation and sickness benefits for those already in work and are usually financed by the employer. Passive interventions also include changes to legislation, for example establishing a minimum wage or safe working conditions. • Informal social protection: Traditional community-based forms of social protection distribute risk within a community and fill some of the gaps left by formal interventions.
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• Productive inclusion - that provide an integrated package of services, such as grants and training, to promote self-employment and wage employment among the poor. Such programmes combine cash transfers with trainings and other support to increase household earnings while also helping households withstand and recover from shocks. They show promising long-term impacts, and are often proposed as a way to graduate the poor out of social assistance. • Financial inclusion132 - where individuals and businesses have access to useful and affordable financial products and services that meet their needs – transactions, payments, savings, credit and insurance – delivered in a responsible and sustainable way. • Decent work133 - which involves opportunities for work that is productive and delivers a fair income, security in the workplace and social protection for families, better prospects for personal development and social integration, freedom for people to express their concerns, organize and participate in the decisions that affect their lives and equality of opportunity and treatment for all women and men.
Broadly social protection comprises ‘protective’, ‘preventive’, ‘promotive’ and ‘transformative’ measures. • protective measures are those that provide relief in the sense of safety nets for individuals and households suffering from deprivation, who are otherwise unable to earn a livelihood; • preventive measures avert deprivation; • promotive measures have a function of consumption smoothing, but with additional objectives of improving a household’s own earning potential; and transformative measures to address social equity iii. Social Protection System A social protection system comprises a portfolio of interventions which address social and economic vulnerabilities using both short-term interventions to address temporary shocks and longer-term approaches to address structural vulnerabilities and chronic poverty. Systems should be grounded in established institutional arrangements, with clear assignment of responsibilities and use of common administrative tools in order to provide channels for effective cross-programme management. The main objective of developing or putting in place a social protection system is to ensure coordination and harmonization that would promote the effectiveness and impact of social protection policies and programmes.
132 https://www.worldbank.org/en/topic/financialinclusion 133 https://www.ilo.org/global/topics/decent-work/lang--en/index.htm
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Systems contribute to holistic responses to the needs of beneficiaries and enables countries to better address the different dimensions of poverty and vulnerability across the life cycle, as well as offer beneficiaries a broad range of coordinated multi-sector interventions that will ultimately bring greater wellbeing for children, their families and communities. The relevance of social protection systems is also highlighted in global platforms and initiatives including the new Sustainable Development Goals. Within these goals there is a concrete target spelling out the commitment to “implement nationally appropriate social protection systems and measures for all, including floors, and by 2030 achieve substantial coverage of the poor and the vulnerable.” This target reflects a global consensus on the need to strengthen social protection systems and expand their coverage.
Ghana’s social protection system includes three pillars: pillar 1 pillar 2 pillar 3 • Social Assistance • Productive • Social insurance and financial inclusion access to social and social services employment iv. The Three Levels of Social Protection Systems Although social protection systems may look different across countries as each one is developed according to a specific context, needs and capacities, it is important to understand the main structure of any given system by looking into three main levels: policy, programme, and administrative levels a. The policy level is the highest and most strategic level of engagement. It focuses on the long-term vision and ensures policy coherence within social protection and in relation to broader objectives. It is here that the institutional setup for social protection and framework are understood, along with approaches to financing, legal mandates, and institutional arrangements. b. The programme level is the second level of engagement. It not only encompasses the set of programmes and services provided in a country, but it looks at the initiatives that promote integrating, harmonizing, or coordinating programs. This level is driven by initiatives aiming to improve the performance of programmes within a given function or to enhance coordination across programs to better exploit interactions. c. The administrative level is the third level of engagement. It focuses on developing the tools that facilitate the core business processes of social protection programs. These include, for instance, beneficiary identification systems and registries, targeting schemes, monitoring and evaluation arrangements, and contracting and payment arrangements for providers.
Part Two | Social Welfare 279 Part 2: Social Welfare v. Life Cycle Approach We are all exposed to various types of risks throughout our life span. These risks do not remain constant and vary from one cycle of life to another. There is no age where risks are not present and where social protection is not necessary. Social protection should not be considered as being one independent set of policies for boys and girls, another independent set for the young, another independent set for the those in working age and yet another for the elderly. People will go through all these phases and policies must be in place to cater for the same people at different stages of their lives.
Handout 2.6.1b - Instructions for Activity on Developing Scenarios Preparation: Draw a tree model (Roots and branches) on the flipchart so that participants get a good idea of what it is they should be aiming to achieve. Give each group a piece of flipchart paper, ideally with a flipchart stand. Process: Invite participants to gather in 4 mixed groups: groups 1&2 will focus on the ‘positive outcomes’ of receiving cash and groups 3&4 on the ‘negative outcomes’ of not receiving it. Ask them to nominate a ‘facilitator’ (supported by the rest of the team) within each group as well as two ‘complicators’. Now follow the briefs for each type of group here below. Groups 1 and 2 ‘Positive Outcomes’ of receiving cash transfer Question (on slide): Imagine this woman receives cash for social assistance. How does that affect her, her community and society at large? Develop a scenario in the shape of a tree depicting how the possible chain of events could unfold. • Brief for facilitator and group: Develop a theory of change thinking about positive impacts at individual, community and especially societal level. Represent each ‘impact’ as a leaf on a branch, growing upwards: individual impacts in one colour at the bottom, community impacts in another colour in the middle and societal impacts in a third colour at the top (refer to the picture of the tree below)). The group also needs to be responding to the provocations of the two complicators as they build their ‘tree’. • Brief for complicators: complicators need to put spanners in the wheels of the facilitator and his/her team by drawing on anecdotal evidence of cash transfers not working or triggering negative behaviour (think about newspaper articles, widely held beliefs!). At each level, they need to be thinking: what could go wrong? These inputs are then added in red as leaves falling off the tree. ((refer to the picture of the tree below). Examples could include: money being spent on alcohol and cigarettes, cash making people lazy and dependant, etc. Let the group talk for a bit before stepping in as the complicators.
As the facilitator, you may decide to run this activity by only focusing on the positive outcomes of receiving cash transfer and not the negative outcomes as well as per the outline below)
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Groups 3 and 4 ‘Negative Outcomes’ of not receiving cash transfer Question (on slide): What if she does not receive the cash? What would happen then? Develop a scenario in the shape of a tree depicting how the possible chain of events could unfold. • Brief for facilitator and group: Develop a theory of change thinking about negative impacts of not receiving that assistance at individual, community and especially societal level. Represent each ‘negative impact’ as a root of a tree, growing downwards: individual impacts in one colour at the top, community impacts in another colour in the middle and societal impacts in a third colour at the bottom (reverse of image of the tree below). The group also needs to be responding to the provocations of the two complicators. • Brief for complicators: complicators need to put spanners in the wheels of the facilitator and his/her team by drawing on anecdotal evidence to show that social protection is not needed to support her, as other policies can and will play this role. E.g. economic growth at national level will trickle down to her, quality education (e.g. pre-school for her kids) is all she needs, etc. they will draw these in RED and add them to the roots picture.
Give small mixed participant groups 20 min to develop their scenarios on a flip chart showing the sequence of events, and how one thing leads to another on the personal, community and society at large level. Walk around the groups to observe their progress and clarify any questions they may have.
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Session 2: Legal Frameworks for Social Protection
A strong legal framework is a vehicle to uphold human rights principles in governance, administration and social protection service delivery. A legal framework for social assistance fulfils important purposes which give the State a clear and legal mandate to provide social assistance benefits. This session focuses on the Overview of Legal Frameworks, International and Regional Standards, Social Protection Legal Framework in Ghana and Ghana’s social protection system
Facilitators’ Action a. Begin this session brainstorming on the purposes and benefits of a legal framework for social protection. Write their answers on the flip chart and continue the discussion by using the information in the Facilitators’ Notes 2.6.2 - Legal frameworks for Social Protection, be sure to mention the Overview of Legal Frameworks, International Standards, Regional Standards and the Social Protection Legal Framework in Ghana as well as Accountability and Compliance. b. Conclude the brainstorming section by stating that a strong legal framework is a vehicle to uphold human rights principles in governance, administration and social protection service delivery. Add that without a legal framework there will be fragmentation and lack of policy coherence, underfunding, no statutory compulsion to take action, inability on the part of courts to monitor government action, vulnerable individuals and communities exposed, allocation rules can change without consultation as well as less or no incentive/pressure to effectively deliver. c. Complement the discussions with Slides 23 to 32 of the Power Point Presentation on Social Protection d. Again as much as possible read the slide-notes to assist you in explaining the key points on the slides better. e. Throughout the discussions allow participants to contribute with examples and case scenarios. Also allow participants to ask questions for further clarifications. As much as possible throw back the questions to the participants and allow the answers to come from among the participants, only adding a word or two as a facilitator, just to make certain key points very clear. f. Conclude the discussions by reminding participants of the definition of social protection for Ghana as stated in the National Social Protection Policy, 2015 (in the text box below) and the fact that Ghana’s social protection system includes three pillars (also in the text box below).
Remember to stress that the definition of social protection for Ghana is “a range of actions carried out by the state and other parties in response to vulnerability and poverty, which seek to guarantee relief for those sections of the population who for any reason are not able to provide for themselves”. (National Social Protection Policy, 2015)
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Facilitators’ Notes 2.6.2 - Legal Frameworks for Social Protection i. Overview of Legal Frameworks A strong legal framework is a vehicle to uphold human rights principles in governance, administration and social protection service delivery. A legal framework for social assistance fulfils important purposes which give the State a clear and legal mandate to provide social assistance benefits. These include: • Meeting international obligations. • Implementing constitutional rights. • Providing normative content to that right: availability of services, clearly defined, effective and adequate protection from social risks and contingencies. • Defining the various roles and responsibilities of all those involved in implementing the programmes at different levels of government, i.e. rights and obligations of all concerned parties. • Guaranteeing and improving the correct functioning of the scheme. A social protection law encompassing social assistance should also give expression to the principle that social protection is an individual human right: • Safeguarding human rights principles of dignity, inclusion, accessibility of benefits. • Guaranteeing equal treatment, including gender equality and non-discrimination. • Protecting privacy and increasing trust and confidence in the State. Such a legal framework should also deal with other important aspects of administration, such as: • The simple and transparent identification and selection of beneficiaries; • education and awareness of administrators, staff and public in general • Strengthening of institutional capacities, i.e. the establishment, functions and powers of the institution responsible for paying benefits. • Safeguarding the predictability and adequacy of benefits. • Promoting human rights approaches in management, i.e. ensuring transparency and accountability in financial matters and establishing a stable and regular funding base. ii. International Standards The UN Universal Declaration of Human Rights of 1948 is globally regarded as a leading instrument in the human rights area. Articles 22 and 25 of the Declaration emphasize the right of every person to social security and to an adequate standard of living.
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In 2012 the ILO adopted Recommendation 202 on National Floors of Social Protection which provides guidance on establishing comprehensive social protection systems and completes the existing international social security normative framework. The ILO Recommendation 202 of 2012 recommends that National Social Protection Floors should comprise at least the following basic social security guarantees, which could among others, be achieved via social assistance schemes (paragraphs 5 and 9(3)): • access to a nationally defined set of goods and services, constituting essential health care, including maternity care, that meets the criteria of availability, accessibility, acceptability and quality; • basic income security for children, at least at a nationally defined minimum level, providing access to nutrition, education, care and any other necessary goods and services; • basic income security, at least at a nationally defined minimum level, for persons in active age who are unable to earn sufficient income, in particular in cases of sickness, unemployment, maternity and disability; • basic income security, at least at a nationally defined minimum level, for older persons. iii. Regional Standards The Social Policy Framework for Africa of 2003 sets out a vision for African societies based on social solidarity, equity and freedom from discrimination and poverty. It argues for the extension of social protection through measures such as publicly financed, non-contributory cash transfers (par 31). The Framework notes that there is an emerging consensus that a minimum package of essential social protection should cover: essential health care, and benefits for children, informal workers, the unemployed, older persons and persons with disabilities. This minimum package provides the platform for broadening and extending social protection as more fiscal space is created (par 32). The Framework further remarks that a minimum package can have a significant impact on poverty alleviation, the improvement of living standards, the reduction of inequalities and the promotion of economic growth (par 33). Work is underway on the development of an AU Protocol on the Rights of Citizens to Social Protection and Social security, and a Social Agenda 2063. iv. Social Protection Legal Framework in Ghana The 1992 Constitution of Ghana provides a basis for social protection. It provides for the development of creative potentials, equal educational opportunities and contributory schemes for economic security. The aspirations in the Directive Principles of State Policy include the provisions for a just society and reasonable access to public facilities and services for each resident, article 35 (2). The State is also to cultivate respect for fundamental human rights and freedoms and the dignity of the human person, article 35 (4). Article 36 justifies the right of persons to adequate means of livelihood, suitable employment, public assistance and maximum welfare. Article 37 on social objectives, guarantees protection and promotes basic human rights and freedoms that include the rights of the disabled, older persons, children and other vulnerable groups. Ghana is a signatory to various regional and international commitments on social protection. For Social Welfare | Part Two 284 Part 2: Social Welfare instance, as a member country of the African Union, Ghana has made commitments to pursue comprehensive social protection programmes as outlined in the AU Social Policy Framework (2003), the Livingstone Declaration (2006), the Ouagadougou Declaration and Plan of Action (2004, 2008) and the AU Heads of State Common Agenda for Action Post-2015. More recently, as a signatory to the Sustainable Development Goals of 2015, under goal 1 on poverty, Ghana has committed to target 1.3: Implement nationally appropriate social protection systems and measures for all, including floors, and by 2030 achieve substantial coverage of the poor and vulnerable. Ghana’s social protection floor seeks to cater for the entire life-cycle, fill social protection gaps and strategically balance social assistance, social security and productive inclusion. It consists of: • Access to basic essential health care for all, • Minimum income security to access the basic needs of life for children • Minimum income security for people in working age • Minimum income security for older persons The social protection policy seeks to promote the well-being of Ghanaians through an integrated platform of effective social assistance, social insurance and security as well as productive inclusion. It aspires to mitigate and reduce vulnerabilities for all, close the inequality gap and ensure total inclusion for all Ghanaians. It envisions that in the next 15 years of policy implementation, extreme poverty would have been eradicated and poverty reduced by half through an improved, effective and efficient social assistance for poor and vulnerable Ghanaians. In the short term, it seeks to transform the lives of the 2.4million extremely poor Ghanaians by scaling up and strengthening the delivery of the social protection basket of key programmes Issues of disability and gender will be mainstreamed throughout. At the sub-national level, social services particularly water, sanitation, food, housing, life and asset-savings programs shall complement income security interventions. The policy identifies three main vulnerability categories as follows: • The Chronically Poor: such as the severely disabled; terminally ill; rural unemployed; urban unemployed; and subsistence small-holders; • The Economically at Risk: including food crop farmers, persons on the street, refugees and internally displaced persons, orphans, informal sector workers, widows, older per- sons and migrants; • The socially vulnerable: comprising PLHV, tuberculosis sufferers, victims of domestic violence, homeless persons, people living on the street, internally displaced persons and female headed households, among others. v. Accountability and Compliance The social assistance legal framework should provide for social assistance administrators to undertake inspections and to act against non-complying persons and institutions. To keep social protection administration accountable, a country can use government mechanisms, parliamentary
Part Two | Social Welfare 285 Part 2: Social Welfare committees, ministerial committees and constitutional institutions. Social accountability mechanisms that are facilitated by social workers, civil society organizations and legal aid clinics can also be made available to social assistance clients. Compliance and enforcement mechanisms should be provided for in legislation. These can take the form of judicial enforcement (through courts), or internal review institutions and specialized tribunals.
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Session 3: Ghana’s Flagship Social Protection Programmes
According to the National Social Protection Policy, the social protection basket shall consist of five (5) on-going flagship programmes with the potential for high impacts. These baskets of key programmes have been selected on the basis of their demonstrated potential for addressing poverty and prospects for offering integrated and holistic range of services for extremely poor households. The focus of this session is to discuss with participants the objectives of these 5 flagship programmes.
Facilitators’ Action a. Introduce the session by informing participants that the focus of this session is to discuss the 5 flagship social protection programmes which have been listed in the National Social Protection Policy as the basket for Ghana with the potential for high impacts. b. Add also that these key programmes have been selected on the basis of their demonstrated potential for addressing poverty and prospects for offering integrated and holistic range of services for extremely poor households. c. Continue by asking participants in a very short plenary session to mention these 5 flagship programmes in the nation’s SP basket. After they mention them, ask them to list the key objectives of each one of these flagship programmes. d. Continue the discussions by presenting Slides 33 to 39 of the Power Point Presentation on Social Protection and use the Facilitators’ Notes 2.6.3 - Ghana’s Flagship Social Protection Programmes to explain the key points on the slides into detail. e. Also remember to add that there are additional SP Programmes that have recently been launched. Ask participants to quickly mention those programmes and use the key notes under the topic Other Recent Programmes to contribute to the discussions from the participants. Also remember to read out the Leap Service Charter that is presented in the text box below and ask participants to explain each of the sentences in the Charter. f. Allow participants to participate actively in the discussions by contributing with examples and case scenarios as well as by asking questions. g. Conclude the session by reiterating that the role Social Welfare Officers in particular and Community Development Officers play in seeing to the successful implementation of these programmes is very critical and important since they are the frontline workers mostly in touch with the communities.
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The LEAP Service Charter • The LEAP service charter summarizes the rights and responsibilities of beneficiaries and caregivers of the LEAP programme and LEAP Programme’s responsibilities to them. • The charter of rights provides information on the following: • Access to LEAP services • Communication and participation • Confidentiality of beneficiary data/information • Reciprocal respect for beneficiaries/caregivers and programme officers • Safety: right to safe and effective service • Feedback and complaints • Responsibilities of beneficiaries/caregivers (acceptable behavior, adhering to co- responsibilities, etc.)
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Facilitators’ Notes 2.6.3 - Ghana’s Flagship Social Protection Programmes
According to the National Social Protection Policy, the social protection basket shall consist of five (5) on-going flagship programmes with the potential for high impacts. These baskets of key programmes have been selected on the basis of their demonstrated potential for addressing poverty and prospects for offering integrated and holistic range of services for extremely poor households. The programme objectives are provided below: • Livelihood Empowerment Against Poverty programme (LEAP): To reduce poverty by increasing consumption and promoting access to services and opportunities among the extreme poor and vulnerable. • Ghana School Feeding Programme (GSFP): To increase school enrolment, attendance and retention, to reduce short term hunger and malnutrition among kindergarten and primary school children and to boost domestic food production. • The School Capitation Grant: To replace the loss of revenue as a result of abolishing school levies/fees, to support schools to implement their School Performance Improvement Plan (SPIP) in order to improve quality education delivery in the schools. • The National Health Insurance Scheme (exempt category) (NHIS): To attain universal health insurance coverage through the application of an equity consideration which aims to ensure: equity in health care coverage, access by the poor to healthcare services, and protection of the poor and vulnerable against financial risk. • Labour Intensive Public Works Programme (LIPW): To provide targeted poor rural households with access to employment and income earning opportunities, especially during seasonal labour demand shortfalls through rehabilitation and maintenance of public or community assets.
Other Recent Programmes include:
Ghana Productive Safety Net Project (GPSNP) The GPSNP with the objective to support the Government to strengthen safety net systems that improve the productivity of the extreme poor in Ghana has a duration of four (4) years (2019 – 2022) and is to be implemented jointly by the Ministry of Gender, Children and Social Protection (MoGCSP) and the Ministry of Local Government and Rural Development (MLGRD).This is a joint collaboration between the Government of Ghana, the World Bank and DFID. The project seeks to provide tailored support to the poorest households to address the demand-side constraints to accessing services that would strengthen their productivity. This support will be sequenced in a manner that reflects (i) the different capabilities of and constraints faced by households; and (ii) the geographic coverage of each intervention. For those extremely poor households that can diversify their incomes or improve the productivity of their household enterprises but face constraints in
Part Two | Social Welfare 289 Part 2: Social Welfare accessing technical skills and financial support, a set of productive inclusion activities will be provided. It is being situated within broader efforts to provide dedicated and coordinated support to help households access agricultural support and strengthen their financial literacy and savings.
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Session 4: Identification and Selection of Beneficiaries of a Social Protection Programme
The numbers of people in need of social protection in every country are too great and place excessive demands on a country’s financial resources. As a result, in the early stages of the development of their social protection systems, countries have to make hard choices about which people to prioritise. This session focuses on the four stages of the process of identifying and selecting beneficiaries.
Facilitators’ Action a. Begin the session by stating that the numbers of people in need in developing countries are too great and place excessive demands on a country’s financial resources. There are various targeting mechanisms such as universal, categorical targeting, etc. Thus in developing social protection system to determine who should benefit from the Social Protection programmes, a number of complex choices are made at national level. It starts with data and the statistics on who is deprived and vulnerable in the country? b. Show the poverty and vulnerability statistics/data on slide 41 with these highlights • Poverty is high (23% or 6.8 million people) • Extreme poverty is 2.4 million people c. Show initial discussion slide for risks faced in your district (slide 42). Allow the participants to do a few minutes’ discussion in their groups or on their tables on what risks people face at different stages in their lives and what transformations they think would have the biggest impact on the lives of the beneficiaries d. The objective is to let participants, in as far as they have relevant experience, to think about some of the challenges that the poorest and most vulnerable people in their districts face, and what they ultimately need to make their lives better. e. Ask for some of their findings or discussion points in plenary. As much as possible, gently guide the discussion to highlight social cash transfers and social services. f. Continue the discussion by stating that the process of selecting beneficiaries has at least four stages. Governments will tend to make choices between two approaches. They either decide to direct their social transfers to the category of the population regarded as “poor”; or, they follow a more complex policy direction by designing their social transfer systems to address challenges and risks faced by individuals across their lifecycle. The former can be referred to as a “Poor Relief” approach while the latter can be categorised as a “Lifecycle” approach. g. Continue the discussion by showing the slides on poverty vs. lifecycle approach and a few examples from Ghana as well as how to design a system once policy and fiscal choices are made, Selection and Identification in Ghana – different programmes, different approaches (Slide 43 to
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45). As much as possible, use the slide notes and the information presented in the Facilitators’ Notes 2.6.4 - Identification and Selection of Beneficiaries of a SP Programme- especially on the sub topics of Policy Choices, Fiscal Choices, Design Choices and Implementation of selection and identification mechanisms, to fully clarify the key points made on the slides. h. After allowing participants to ask questions and contribute to the discussions using examples from Ghana, conclude the session by stating that other key considerations in the implementation of selection mechanisms include Communication and outreach strategies, grievance mechanisms to increase access to social protection schemes, and accountability mechanisms to support applicants and hold programme implementers to account.
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Facilitators’ Notes on Selection and Identification of Beneficiaries of a SP Programme
A critical issue faced by all countries in developing social protection systems is how to select beneficiaries. No country has ever been able to effectively cover everyone in needof transfers during the early stages of developing their social protection systems. The numbers of people in need are too great and place excessive demands on a country’s financial resources. Developing countries need to take a long-term vision for their social protection schemes, expanding them as resources become available and greater priority is given to social protection. As a result, in the early stages of the development of their social protection systems, countries have to make hard choices about which people to prioritise. Questions on the selection of beneficiaries should be considered broadly, especially when taking into account that social transfer schemes often have multiple objectives, beyond just providing those living in poverty with a minimum income. i. The Ghana National Household Registry (GNHR)134 The Ghana National Household Registry (GNHR) is a unit under Ministry of Gender, Children and Social Protection (MoGCSP) with the mandate to establish a single national household register from which social protection programmes are to select their beneficiaries in Ghana. The registry launched in October 2015 is part of the efforts by Government of Ghana to sustain and deepen the progress made in poverty reduction by ensuring that a larger share of benefits of social protection interventions goes to the extremely poor and vulnerable. The establishment of the GNHR is an attempt to streamline and make more efficient the targeting system in Ghana by using the same Proxy Mean Test indicators (Common Targeting Mechanism) in the identification of potential beneficiaries for social protection interventions. The GNHR uses an electronic form of data collection to ensure the integrity of the information gathered and allow rapid processing of data. ii.Policy Choices The process of selecting beneficiaries has at least four stages. Governments will tendto make choices between two approaches. They either decide to direct their social transfers to the category of the population regarded as “poor”; or, they follow a more complex policy direction by designing their social transfer systems to address challenges and risks faced by individuals across their lifecycle. The former can be referred to as a “Poor Relief” approach while the latter can be categorised as a “Lifecycle” approach. Once countries make a policy choice to address the needs of a particular category of the population, the effectiveness of the scheme – when measured in terms of the exclusion of eligible people – depends, to a large extent, on decisions made subsequent to the policy process. Decisions on coverage have a significant impact on rates
134 http://mogcsp.gov.gh/index.php/projects/ghana-national-household-registry-gnhr/
Part Two | Social Welfare 293 Part 2: Social Welfare of exclusion from schemes, including the exclusion of those living in poverty. Necessarily, the higher the coverage of a particular category of the population, the lower the rate of exclusion of people within that category. iii. Fiscal Choices At the same time that Governments make policy choices, it will be important to understand what proportion of that category can be covered and whether policy choices need refining based on fiscal resources. Evidently, universal schemes are the most effective, when coverage is low, a high proportion of those living in the greatest poverty are excluded. This is often the result of a combination of low coverage, inadequacies in selection design, and problematic registration. The policy choice goes hand in hand with complementary fiscal choices and commitments. These choices determine the effectiveness of a scheme in terms of its exclusion of eligible people. This section, therefore, examines the next stage of the process, when decisions are made on coverage, which, to a significant degree, are dependent on fiscal choices. Proponents of targeting those living in poverty often argue that, when financial resources are fixed or limited, it is preferable to target schemes at the “poor” since they can be provided with a higher transfer. However, the reality is somewhat different since historical and international evidence indicates that schemes with universal or broader coverage will not only have higher budgets but will also provide recipients – including those living in poverty – with higher value transfers. iv. Design Choices There are a range of design options used by countries to select beneficiaries when coverage is limited, some of which are simple while others are much more complex. They can broadly be classified in three categories: • Categorical selection, where eligibility is determined on the basis of demographic characteristics such as age, disability, household structure, or geographical location • Economic selection, where eligibility is determined on the basis of the economic wellbeing of the household or individual • Self-selection, where all individual or households are free to access the programme but the administrative procedures or the nature of the transfer are set in such a way as to discourage better-off individuals or households from participating. There are various methods used to select beneficiaries. These include: • Community based targeting where community members identify the most in need in their communities. • Self-targeting, when people themselves seek to register on a programme, • Means testing, which is used to identify people on low incomes when they declare their incomes.
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• Proxy means test (PMT), which uses national household surveys to assess levels of consumption based on “proxies” or assets held by households. The proxies are based on demographics, type of housing, durable goods, productive assets and human capital. • Categorical targeting, where eligibility is established on the basis of specific geographical or demographic characteristics (e.g. age, illness). • Affluence testing, in which governments attempt to exclude the most affluent rather than trying to identify those living in greatest poverty. v.. Implementation The implementation of identification & selection mechanisms is the fourth stage of the selection process and a key component of the operational cycle of a social protection programme. It can be understood as the administrative implementation of selection policy and involves a series of operational steps: • Registration, or the collection of personal data from applicants – such as age, disability status and income/wealth • Identification, Verification and Validation that consists in verifying the accuracy ofdata submitted and assessing whether it complies with the programme’s eligibility criteria. • Enrolment, or the recording and digitisation of an individual or household’s personal data within the programme’s Management Information System (MIS), assuming that the programme has an effective MIS. Other key considerations in the implementation of selection mechanisms include Communication and outreach strategies, grievance mechanisms to increase access to social protection schemes, and accountability mechanisms to support applicants and hold programme implementers to account.
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Session 5: Basics of Social Protection Administration
The core function of administration institutions is to deliver social assistance benefits to eligible beneficiaries. This process entails identifying and registering potential beneficiaries, assessing their needs and conditions (assessing eligibility) and making an enrolment decision which determines the benefits or service strategy to be adopted and this is the focus of the discussion for this session. This includes the steps involved in designing and implementing new administrative systems and functions, the importance of Operational Manuals, Payment modalities, Programme Exit and Graduation, Complaints and Appeals Mechanisms, Case Management and Referrals as well as Communications and Outreach.
Facilitators’ Action a. Introduce the session by asking participants “What do we mean when we say administration of an SP programme”? Basic administration comprises the process of identification and enrolment of beneficiaries through Payments, Case Management, Complaints and Appeals, Outreach and Communication, Conditionality to Exit and Graduation. b. After a few responses (remember to capture them on a flipchart), introduce them to the ‘delivery systems’ framework on slide 47, (this would be used throughout the session) and explain to the participants that the core section is the one in the middle, going from identification through to exit. c. Explain also that if one has this core section one could deliver a programme at a push. However, functions at the bottom are fundamental to improve delivery and cut across all of these (arrows link throughout e.g. communications is not a one-off exercise) and at the top, (in green) there is the M&E and other management functions enabled by management information systems etc. Also explain that these administrative functions are somewhat common to all social protection programmes, with minor differences. For example, a Cash Transfer will have a payment system while a food transfer would need to set up logistics for food delivery. d. On slide 48 are responses for the question on why payments and delivery systems are important. Explain that the payments and delivery system is important to successfully distribute the correct amount of benefits to the right people at the right time and in the right amounts. e. First of all, it is important to clarify the terminology involved in the main ways payments are made. Lead them to distinguish between: Payment instruments, Payment devices and Payment points (slide 49) • Payment instruments - which can either be manual (cash or vouchers) or electronic (different types of cards, e-vouchers and mobile money such as MPESA in Kenya and Ezwich in Ghana). • Payment devices- through which the ‘transaction’ is made. For cash transfers and non-
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electronic vouchers this will be an envelope or nothing! For electronic transfers it could either be a Point of Service device (POS), an ATM (most often at a bank) or even a phone. These payment devices are used at different types of ‘payment points’: for cash delivery, this could be a mobile unit with armoured vehicles travelling to a community. In Lesotho they used helicopters in some mountainous areas of the country! Government Office building such as local Social Welfare offices or sometimes schools have also been used in many countries, and post offices (which often have a wide network across the country) in several others. In many cases local shops can play a role in delivery of payments, while increasingly bank branches and mobile money players are becoming bigger players. • If you follow the coloured dotted lines across, you will see that different payment instruments can be used with different payment devices and delivered through different payment points. The combination of these three elements is the payment modality f. Ask participants what the difference between Programme Case Management and Social Welfare Case Management are. Allow them a few minutes to discuss or simply answer in plenary just to get people thinking. You can ask for volunteers or point to people at random to get thoughts. Then present slides 52 and 53 to add to the answers the participants gave. g. Continue the session with the questions on slide 54 (What is a complaints and appeals mechanism? Is a complaint something to be welcomed?). After a few responses from them continue by presenting slides 55-57 remembering to use the slide notes and the information on Complaints and Appeals Mechanisms presented in the Facilitators’ Notes 2.6.5 - the Basics of Social Protection Administration to make the key points clearer. h. Use slides 58 and 59 and allow participants about 20mins to work in their 4 or 5 groups (of 8-10 participants) in the Complaints and appeals exercise to discuss what complaints and appeals mechanisms they have and if they have none to analyse what needs to be done in order to implement one. Allow a couple of groups to share their answers and discuss with the entire group of participants in plenary. i. Continue by presenting slides 60 and 61 on communication, remembering to use the slide notes and the information on Communications and Outreach presented in the Facilitators’ Notes 2.6.5 - the Basics of Social Protection Administration to make the key points clearer. j. Have a discussion with them in plenary on how to carry out communications in the field by asking them what kind of communications will they be doing as Front Line Workers? Who do they think their audiences are, what would be their key messages and what would their communication channels be (remind them of the discussions in Module 4 of Part One on Communication for Behaviour and Social Change, specifically on the various targets for our Communication on CP and family welfare issues). k. Continue by presenting slide 64 on Conditionalities in the context of social protection. Remember to mention that conditionalities are meant to tackle behavioural barriers that prevent households from improving their situation in order to escape poverty. Also clarify that conditionalities and eligibility criteria are different, eligibility criteria is entitlement conditions.
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l. With slide 65 to 68 discuss with them the advantages and disadvantages of conditionalities, the requirements for conditionality to work as well as whether Conditionality is appropriate remembering to use the slide notes to make the key points clearer. m. Read out this question (on slide 69) - What are the reasons beneficiaries exit programmes? and ask for a few responses in the room to assess the understanding on the difference between Exit and Graduation. Make sure to clarify the difference using the definition in slide 70. n. Discuss why exit and Graduation are important as per slides 71 and 72 and clarify that exit and graduation are very different in social protection programming. Graduation can actively be pursued through complementary activities aimed to increase household income, skills and human capital and promote resilience and self-reliance among beneficiaries. Yet it is often driven by budget considerations and fear of creating dependency. o. Continue with slides 73 and 74 on Graduation & Exit Guiding Principles, Graduation in Ghana using the Principles from LEAP, remembering to use the slide notes and the information on Programme Exit and Graduation presented in the Facilitators’ Notes on the Basics of Social Protection Administration to make the key points clearer. p. Summarise the discussions in the session from the questions in the previous slides by emphasising the key message in slide 75, highlighted in slide 76 and conclude with slides 77 and 78 by inviting participants to contribute their major AHA-moments!!, resulting in administration learning takeaways, insights and mind shifts on the topic of Administration (remember to use the slide notes to make the key points clearer).
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Facilitators’ Notes 2.6.5 - The Basics of Social Protection Administration
The core function of administration institutions is to deliver social assistance benefits to eligible beneficiaries. This process entails identifying and registering potential beneficiaries, assessing their needs and conditions (assessing eligibility) and making an enrolment decision which determines the benefits or service strategy to be adopted. Once this decision is made, payments, goods or services can be disbursed to beneficiaries. Social Protection programme is an evolving system, which can slowly increase its scale and functionalities over time. As capacity builds up, pressure for accountability increases, and as funding is secured more sustainably, investments can be made to further increase capacity and focus on a wider range of performance-enhancing systems. This requires a shift from a silo-based conception of social protection administration, to appreciating interlinkages across functions and departments, adopting overall programme performance as a joint obligation/responsibility. It also requires the acknowledgement that social protection systems require long-term planning and vision, as well as continuous adaptation. Ultimately, mature programmes often invest in systems that can help them integrate further with other initiatives in the social protection and social policy sectors. i. Key Steps The steps involved in designing and implementing new administrative systems and functions vary, but typically follow the flow visualised in Figure 2 below, in three key stages: • Preparation: Assessment of existing capacity and practice to define key gaps/needs and understand the feasibility of different implementation options. This could be done through • Capacity Assessment: assessing gaps and opportunities of three core aspects of capacity to deliver - at the institutional organisational and individual level. The assessment should cover human resources, administrative systems (e.g. MIS), technological capability and institutional and organization framework. • Needs Assessment: systematically determining, prioritising needs, grounded in local analysis (e.g. data analysis, interviews/questionnaires, etc.) • ‘Feasibility Study’: assessing practical feasibility of suggested implementation options (in terms of institutional and organizational framework, capacity requirements, resources needed, etc.) • Design: Setting up of a task force (e.g. Project Management Unit) that drives the effort and is responsible for strategic planning and costed implementation plans; defining standard practices and service standards are defined; ensuring roles and responsibilities are formalised (e.g. in job descriptions); Ensuring support materials are developed; Ensuring staff are sufficiently trained and aware of forthcoming changes.
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• Implementation: testing, revising and implementing the new system, ensuring on-going monitoring feeds into continuous improvement and wider accountability systems are in place (see Modules on M&E and Governance). ii. Importance of Operational Manuals Operational manuals for Social Protection programmes are the backbone of programme administration and the foundation for effective accountability within the programme, yet few countries invest sufficient resources in ensuring these respond to needs. Two good examples of comprehensive operational manuals come from Uganda’s SAGE programme Implementation Guidelines and Kenya’s HSNP II Operations Manual. To a differing extent these extensively describe the practical steps that need to be taken to implement the programme – including a focus on all the major building blocks. They act as the “primary reference or guideline for implementing partners to carry out effective, timely and transparent operations”. iii.Payment modalities Payments can be offered through various payment instruments, using different payment ‘devices’ and distributed at a variety of payment points – each of which have their pros and cons. Therefore, the choice must take into account each modality’s cost effectiveness given country-specific constraints (physical, financial and technological infrastructure necessary to support it). For example, while there has been a lot of hype around the use of new technologies and e-transfers (e.g. using e-vouchers, cards and mobile money), these may not always be the best placed to deliver desired results. Overarching best practice to be kept in mind when selecting a payment modality includes the following (O’Brien et al, 2013; ISPA Payment Tool, 2016): • Remaining ‘technology agnostic’ when assessing pros and cons of different payment modalities • Choosing based on careful assessment of cost and quality (not just cost) • Making good use of any pre-existing delivery systems: e.g. choice is based on an assessment of a country’s financial infrastructure to verify the geographical coverage and efficiency of existing systems • Basing choice on a thorough understanding of local infrastructure (e.g. availability of electricity, frequency of power failures, availability and reliability of telephone lines and cell phones as well as the costs of using them), and legal framework • Considering expected size, timing, duration and objective of programme (e.g. high start-up costs worth it for larger/longer term or recurrent programmes; higher negotiating power if large/long term; if objectives include financial inclusion, need for ‘mainstream accounts’) • Selecting a modality that is flexible enough to respond to changing needs • Careful contracting and negotiating (what’s in it for the payment provider: lowers costs) • Up-front risk assessment and contingency planning
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• Institutionalizing monitoring and preparing to adjust • Offering a choice of different payment modalities to beneficiaries as no single mechanism is able to serve all areas or respond to all needs. iv. Programme Exit and Graduation Programme Exit refers to the exclusion from the programme of those that either passed away or no longer qualify (based on pre-determined programme criteria). Importantly, programme exit does not depend on a participant’s behaviour or economic status, as is the case for graduation. Built-in exit strategies include the following: • Age limits - e.g. child grants covering specific age groups (such as South Africa’s Child Support Grant and OVC category of LEAP exit at age 18) • Time limits - e.g. many public works programs limit participation to a specified number of days and certain programs only run for a limited time-period • Benefits for temporary conditions - e.g. pregnant women or temporarily disabled individuals • Declining benefit levels – e.g. these often accompany time limits and can help families prepare to become self-sufficient upon their exit from the program. Graduation refers to the ability of individuals or households to exit a social protection programme by passing an eligibility ‘threshold’ (e.g. asset-based). This is often intended as ‘graduating out of poverty’, or no longer needing external assistance. Graduation is “more adapted to the specific vulnerabilities of participants (compared to programme exit), since participants who are unable to lift themselves out of poverty continue with social protection support. However, this sensitivity can create perverse incentives to remain below the ‘graduation threshold’, particularly if the programme has no provision for re-entry in the face of subsequent shocks” (Samson, 2015 as referred to in the TRANSFORM Curriculum). Importantly, graduation can be pro-actively pursued through complementary activities aimed to increase households’ income, skills, and human capital to promote better long-term welfare and self-reliance. The most frequently referenced examples of such ‘developmental graduation’– which does not necessarily entail exit from the programme – are BRAC’s135 Challenging the Frontiers of Poverty Reduction (CFPR) programme, Rwanda’s Vision 2020 Umurenge Programme (VUP)136 and Ethiopia’s Productive Safety Net Programme. Managing programme graduation – and to a higher extent ‘developmental graduation programmes’ – requires very high levels of resources, capacity and capillary presence at local level, conditions that are not often satisfied in a Sub- Saharan African context.
135 BRAC is an international NGO with headquarters in Bangladesh - http://www.brac.net/who-we-are 136 The Vision 2020 Umurenge Programme (VUP) is Rwanda’s flagship social protection programme managed by the Local Administrative Entities Development Agency (LODA) within the Ministry of Local Government (MINALOC). The programme started in May 2008 and, as of March 2015, it covered a total of 130 000 households in all provinces in Rwanda. –FAO Policy Brief – September 2016
Part Two | Social Welfare 301 Part 2: Social Welfare v. Complaints and Appeals Mechanisms A Complaint and appeal Mechanism is a system that allows citizens to complain or provide feedback to the implementers of a given service, and allows implementers to respond to those complaints or feedback. By doing this, well-functioning Complaint and Appeal Mechanisms provide a predictable, transparent, and credible process to all parties, resulting in outcomes that are fair, effective, and lasting and can contribute to: increased overall programme accountability; increased citizen trust and involvement; solved operational issues on an on-going basis (at low cost); curbed corruption, and; standardised programme implementation and performance. It is most effective to resolve complaints and appeals at the point of service delivery where information and transaction costs are lowest. Accessibility and effectiveness of programme complaint and appeal mechanisms can be improved by: ensuring multiple channels for receiving complaints and appeals to guarantee complainants’ convenience, cultural preference, and ease of use; ensuring channels respond to supply and demand-side barriers faced by complainants and appellants; ensuring that the system is widely publicised through communication strategies specifically targeted to the poorest and most marginalized households, and; enabling independent channels for redress and strengthening other systems for accountability. Transparency and the ultimate impact of a complaint and appeal mechanism can be enhanced by aggregating data into a national report that can be used for learning and improving systems. Creating a grievance ‘module’ within programme or national MISs can make this process almost automated. vi. Ghana’s Single Window Citizens Engagement Services (SWCES) The Ministry of Gender, Children and Social Protection (MoGCSP), as part of its effort to strengthen systems and improve coordination among Social Protection programmes, established the Single Window Citizen Engagement Service (SWCES). The system has been designed to provide single- entry point Grievance Redress Mechanism for the five flagship Social Protection programmes; Livelihood Empowerment Against Poverty (LEAP) Programme, Ghana School Feeding Programme (GSFP), National Health Insurance Scheme (NHIS), Education Capitation Grant and Labour Intensive Public Works (LIPW). Notwithstanding, the system receives grievances from citizens on other social issues. Under the SWCES, an integrated complaint handling service ‘Helpline of Hope Call Centre’ where grievances are received via toll-free numbers 0800800800/0800900900 was launched in December, 2017. The goal of the SWCES is to improve transparency and accountability of the system by creating a unified complaints and grievance redress mechanism for Social Protection programmes. The Objectives for the system are to: • Establish common support mechanisms between Social Protection Programmes and avoid duplication of efforts & services • Facilitate common use of appropriate ICT for Case Management • Ensure availability of database and analytical reports to monitor progress of cases
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• Reduce administrative costs There are two components of the SWCES. These are: a. The Helpline of Hope Call Centre with toll-free numbers 0800800800/0800900900. Citizens and beneficiaries of the flagship Social Protection programmes are able to call via the toll- free numbers and lodge complaints/grievances. b. Unified Case Management System (UCMS), which is a web-based system designed to log complaints/grievances from beneficiaries (and or citizens). The UCMS allows for classification and referral of the cases to the appropriate organizations for redress. Feedback is provided by the organizations after cases are resolved. Cases are then closed on the system. Other cases received at the Call Centre (apart from cases relating to the five flagship Social Protection programmes) include: • Medical assistance • Rape/defilement • Legal issues • Child maintenance • Child abuse • Human trafficking • Educational Support • Psychological issues • Marital issues • Disability Common Fund issues • Child custody • General enquiries The SWCES collaborates with various government agencies and Non-Governmental Organizations, Civil Society Organizations to resolve grievances lodged by citizens. They are: • District Social Welfare and Community Development Officers • The Labour Department • Federation of African Lawyers (FIDA) • Domestic Violence and Victim Support Unit • Ghana Police Service • Police Anti Human Trafficking Unit • Legal Aid
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• Psychologists vii. Case Management and Referrals Program-level Case Management System would follow each individual ‘case’, ensuring that needs of beneficiaries (children, disabled people, the elderly, vulnerable households, etc.) and situation are assessed on a continuous basis and addressed: • within the programme (‘Beneficiary Case Management’): providing tailored guidance/ information/support while addressing case-specific issues (e.g. monitoring conditionality, ensuring information update, reregistration, etc.). Examples of programmes having a case management system in Ghana include the LEAP, NHIA, GSFP etc. and they are linked to the SWCES • outside the programme, identifying needs and linking beneficiaries to a wider set of complementary services available within the country (through some form of a ‘Linkage and Referral System’, which could be extended to the wider community – not only beneficiaries). The main challenge to setting up such systems is lack of budget and qualified staff at community level, a prerequisite for adequate functioning. For this reason, the set-up of Case Management Systems is often tackled only after other core processes have been designed and implemented. There is a strong case for setting up an effective and comprehensive Linkage and Referral system not only at the program-level, but also at the wider community level to “ensure that all vulnerable (individuals) are identified, their needs correctly assessed and that they receive cross-sectoral support, until there has been a positive outcome for that child and/or family” (IDS, 2012). Such a system would offer a framework within which all sectors playing a role in meeting the needs of vulnerable people are required to communicate and act together, so that the dynamic, multidimensional and complex nature of their vulnerabilities are met (IDS, 2012). Of course, such a system can usefully be offered at programme level too. Some social protection programmes automatically link programme beneficiaries to “other supportive programmes, an approach which has come to be known as ‘cash plus’ (see Roelen et al, 2017), including preventative and responsive social welfare services. In many countries, this has meant guaranteeing free Health Insurance to recipients of Cash Transfer programmes (Indonesia, Ghana, Mongolia and Colombia, Ghana). In others, a personalized system of support is offered to beneficiary households so as to link them to a tailored set of services depending on their situation. The exact mix of services linked through such a comprehensive Case Management and Referral System will depend on what services are actually available in country – and which services are prioritised by governments. viii. Communications and Outreach More than merely providing information, communications facilitates public dialogue, participation and social awareness, and provides a mechanism to enhance program implementation and
Social Welfare | Part Two 304 Part 2: Social Welfare performance (e.g. increasing take-up). Overarching principles to be applied in this communications effort include: • Developing a targeted communications strategy by audience, with focus on inclusion of illiterate, marginalised, etc. • Providing all materials in an understandable format and language, while avoiding stigmatising imagery and words. • Adopting a range of approaches to spreading information. • Ensuring that communication is an on-going and iterative effort.
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Session 6: Management Support Functions for SP Administration in Ghana
There is growing recognition that Management Information Systems (MIS), play a pivotal role in the implementation of social protection (SP) schemes. In fact, programme MIS is increasingly viewed as the central plank that holds together social protection schemes’ core processes i.e. registration, determination of eligibility, payments, complaints & grievances, and monitoring and evaluation systems. In recent years this interest has expanded to encompass a new focus on integrated approaches to data and information management, capable of assisting decision makers with more harmonized and systematic information across programmes to ensure coordinated responses to the multi-dimensional vulnerabilities of individuals across a life cycle, (UNICEF and World Bank, 2013).
Facilitators’ Action a. Introduce the session by mentioning that Management Information Systems are increasingly viewed as the central plank that holds together social protection schemes’ core processes such as registration, determination of eligibility, payments, complaints & grievances, as well as monitoring and evaluation systems. b. Ask the participants what they understand an MIS system to be before giving them the answer on slide 80. Note that this definition is specific to social protection (refers to social protection program), while the word MIS has much wider use in business world etc. It’s important to remember that an MIS is not a database. Let’s understand the difference between the two. c. Continue the discussions by presenting slides 81 – 86 and as much as possible, use the slide notes and the information presented in the Facilitators’ Notes 2.6.6a - Management Support Functions for SP Administration in Ghana to clarify the key points on the slides. d. Explain that MIS is a complex topic and requires more time than we have today. Further explain that MIS is critical to support another function of SP Administration – Monitoring and Evaluation. e. Ask them what they understand by Monitoring and Evaluation and what the differences are before presenting the definitions on slide 88. Monitoring keeps track of the performance of a given intervention in relation to the set objectives. Its goal is to improve current and future management of outputs, outcomes and impact (remind participants that this was covered in Module 7 of Part One – Cross cutting Issues). f. Showcase the difference between Monitoring and Evaluation (M&E) with examples. Picka programme that you are familiar with and show clearly the difference between M&E by saying what you monitored and how and what you evaluated and how. Or you can ask one of the participants to do that. g. Continue the discussions with slides 89 to 96. Again use the slide notes and the information presented in the Facilitators’ Notes 2.6.6b - Monitoring and Evaluation (M&E) of SP Programmes
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to clarify the key points on the slides. h. Ask the participants to discuss at their tables what the key messages should be for the service charter for the Ministry of Gender, Children and Social Protection in delivering LEAP and capture it on a flipchart. i. Inform participants that in the third part of the session, you will be discussing with them issues of SP coordination, what it is, why it is important, some of the risks, how it works and some tools to facilitate coordination. j. Present slide 99 on what is coordination and discuss the differences between vertical and horizontal coordination using the information provided in the Facilitators’ Notes 2.6.6c - Social Protection Coordination (the involvement of key stakeholders (districts staffs, community members and leaders, CSOs/NGOs ) in key activities such as targeting, registration, case management and grievance redress, Monitoring is important in coordination. k. Continue the discussions with slides 100 to 112 and once again use the slide notes and the information presented in the Facilitators’ Notes 2.6.6c - Social Protection Coordination to clarify the key points on the slides. l. Remind participants that they have been told in step 1 of their assessment of coordination at policy level, but at other levels too there should be an understanding of key stakeholders. This exercise aims to do that, applying a useful framework. m. Introduce the Stakeholder Mapping Exercise by informing participants that the purpose of the exercise/activity is to understand the complexity of SP coordination and the main stakeholders involved, including a focus on their interest and influence (i.e. how much and how should they be involved). It will also stress on the important actors in SP programmes that may have been forgotten. n. Use the Handout 2.6.6a – Instructions for the Stakeholder Mapping Exercise/Activity to facilitate/ moderate the exercise/activity. o. Conclude the activity section by stating that beneficiaries and eligible non-beneficiaries are most probably HIGH INTEREST LOW INFLUENCE groups and hence might be missing in our stakeholder analysis. However, in the case of Social Protection they are often the people we are trying to serve: the poorest and most vulnerable citizens who are potential beneficiaries of social protection. p. Continue the discussions with slides 117 and 118 with a Ghana-Specific example demonstrating key stakeholders for coordination of the LEAP programme using the slide notes to clarify the key points on the slides. q. Begin the District Co-ordination Mesh exercise/activity by informing participants that from the
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last exercise of the stakeholder mapping – they are to choose the key government institutions and departments that they as Social Welfare Front Line Workers, will have to horizontally coordinate with at District and Community level (e.g. Social Welfare/Community Development, GHS, GES, GPS, DOVVSU, NHIS, etc., they can also mention certain local NGOs, CHPS compounds etc.) r. Use the Instructions for the District Co-ordination Mesh Exercise/Activity on Handout 2.6.6b below to moderate the exercise/activity. s. To conclude this activity, discuss with participants where the bottlenecks lie and how coordination could be improved. Then continue the discussions with slides 120 to 123 using the slide notes. t. Finally present the key take out points on slide 124 and to conclude the entire session, ask participants to mention what they have learnt (capture them on flip charts) and ask if they have questions. SOCIAL PROTECTION STAKEHOLDERS •• Office of the President/Cabinet; •• Ministry of Finance; •• Ministry of Gender, Children and Social •• General Public; - Media Protection •• Social protection implementing MDAs •• Members of Parliament; •• Faith based organizations •• Civil Society Organizations; •• Public sector (MMDAs) •• Sub-national level structures: Private Sector organizations; •• Research institutions •• Development Partners; •• Security Agencies; and Trade Unions NGOs involved in Social Protection (local and international) •• Beneficiaries
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Handout 2.6.6a – Instructions for the Stakeholder Mapping Exercise/Activity
Process: Explain matrix for stakeholder analysis on slide 114 using slide notes and keep it brief. Ask them to think about Ghana and brainstorm all potential stakeholders that ‘have a stake’ in social protection reform (government, private sector, civil society etc.). Separate into table groups with flipcharts and cards. Ask them to write their key stakeholders on cards and place them around the flipchart on their table where they will have drawn the same graph as on the slide. While teams are discussing and mapping at their tables walk round and make sure all is clear. Inform the participants that before they go into the detail, they need to understand who they should be co-ordinating with. Give them an explanation of each to help them understand, brainstorm one example all together and then divide into groups as per activity description. i. Low interest, low influence These are relatively unimportant people, but keeping in touch with them is a good idea, just in case their status changes. ii. High interest, low influence These people can be difficult in that it is easy to ignore them as they apparently do not have a voice, although if sufficiently upset they may gain influence by low-level blocking and other techniques of resistance... They may also be essential stakeholders to us. iii. Low interest, high influence People with a low interest will not be particularly worried about what you are doing, so are not too much of a problem. A problem can appear when they are persuaded to act for those who oppose your actions/proposed change. It is thus important to keep them onside, for example with regular meetings that explain the truth of what is happening. iv. High interest, high influence
These people are both significantly affected by your actions/proposed change and most able to do something about it, either supporting or opposing actions/changes. It is particularly important to engage these people, ensuring both that they understand what is going on and also creating buy-in as they feel a sense of ownership of what is being done. In this activity each group will have been given a certain colour of cards. As they write one stakeholder per card, they should also write the acronym on their cards that will denote where that stakeholder should sit on the map. HP /LI = High power, low interest; HI / HI = High power, high interest
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LP / LI = Low power, low interest; LP / HI = Low power, high interest Debrief (USE slide 115– put the chart in the slide on a flipchart and post it on the wall) Invite the groups to come and stand at the large chart on the wall. Ask each group to present in turn adding two-three stakeholders each to the large flipchart on the wall explaining why they are placing them there. The next group adds two-three more and comments on whether the previous were placed ‘correctly’ according to them (get debate going!). Continue going round the room till all stakeholders are finished. Learning debrief (‘so what, now what’?): Go to slide 116 - where are beneficiaries placed? And non-beneficiaries (very often these will be forgotten)? What about lower levels of administration? Discuss implications of positioning of each actor in terms of coordination efforts. Ask the participants to look at the map and interrogate their co-ordination efforts. Are we spending enough time on our relationships with stakeholders who have high interest and high power? Are we spending too much time on those with low interest and low power? Are we dedicating enough to those who have high interest but low power? We all have a fundamental responsibility as programme implementers to communicate, co-ordinate and build relationships with the right stakeholders.
Handout 2.6.6b – Instructions for the District Co-ordination Mesh Exercise/Activity
Preparation: Prepare a huge poster using two to four flipchart sheets that you stick together with duct tape. Make sure to know all the departments represented in the training, the day before, in order to have them all on the poster that you will stick the agency names on. Paste all the departments/agencies represented around the poster leaving enough space to draw connecting lines between departments /agencies. You will place this on the floor as the activity begins. Prepare different colour markers to make the grid more colourful. Process: Invite the participants to gather around the poster and stand by the organisation that they represent. Once everyone is around the poster explain that you will use dotted, dashed and solid lines to demonstrate each level of coordination from networking to integration. • To show progression of coordination, use dotted, dashed and solid lines for (dotted) networking, (dashed) cooperation and collaboration (as one) and (solid) Integration respectively. • You can also use different colours for the different levels (Red for dotted/arrowed lines, green for dashed lines and black for solid lines). • As they draw lines they should explain and discuss the relationships between departments. Give them about 15 minutes for this exercise. Ask the following questions to make it clear how they know which level is which:
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• With which agencies/organisations do you network? Networking is the first level with organisations typically having meetings, exchanging information, having relations that may or may not be too formally arranged and occasionally work together on each other’s activities. (Connect with arrow >>> lines) • Which agencies/organisations do you cooperate/collaborate with? This middle level has all the workings of networking but goes a step further to sharing resources, having more formalised relationships and having altered common activities and shared objectives. (Connect with dashed ---lines) • Which agencies are you integrating with? Build on 1 and 2 but have systems in common such as databases and in some cases administrative systems too. Also spend a substantial amount of time working together and share responsibilities and rewards. (Connect with solid lines) Debrief: After the grid is done, ask the participants to stand back and take a look at it from a distance. Ask them what the picture looks like. What does this say about the state of their coordination? What do they think needs to be done? Point out that they are already doing something but could build on this to reach full integration which offers the most rewards in terms of efficiency gains and shared rewards.
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Facilitators’ Notes 2.6.6a -Management Support Functions for SP Administration in Ghana
There is growing recognition that Management Information Systems, or MIS, play a pivotal role in the implementation of social protection (SP) schemes. In fact, programme MIS is increasingly viewed as a central plank that holds together social protection schemes core processes i.e. registration, determination of eligibility, payments, complaints & grievances, and monitoring and evaluation systems. In recent years this interest has expanded to encompass a new focus on integrated approaches to data and information management, capable of assisting decision makers with more harmonized and systematic information across programmes to ensure coordinated responses to the multi-dimensional vulnerabilities of individuals across a life cycle, (UNICEF and World Bank, 2013). However, there is no generally accepted terminology to describe data and information management in the context of SP. There are two main reasons for this confusion (Barca and Chirchir, 2016). First, the terms ‘database, ‘registry’ and ‘MIS’ are often used interchangeably by social protection practitioners. However, these have different meanings and functions. At both programme and integrated level, data and information management can only be achieved by combining the static ‘data repository’ role of a database/registry (effectively synonyms) with the dynamic ‘data interrogation’ role of an MIS. i. Key Terminology It is important to distinguish between the following: • Database– a system to organize, store and retrieve large amounts of data easily • Register (nowadays referred to as registry) (a term of pre-ICT origin) – an official written record of names, events and/or transactions • In a computerized environment, ‘databases’ and ‘registries’ are overlapping concepts (effectively synonyms); both are for storing and retrieving data. • MIS– a system that transforms retrieved data from a program’s database/register (or, in some cases, different databases linked to different modules) into information that can be used for efficient and effective program management. • In social protection literature, the term MIS is associated with program-level information management. When discussing integrated solutions, we use the generic term ‘application software’ or ‘integrated MIS’, referring to the tailored solution that allows for the input, processing and output (e.g. display/presentation) of information. •• Interoperability: the ability of two or more systems (or components) to communicate by exchanging data, so the information is understood by the receiving agency and subsequently used for its own business purposes. Similar terms are used to refer to programme-specific and integrated approaches. For this module,
Social Welfare | Part Two 312 Part 2: Social Welfare a new term is being introduced to address this confusion: Integrated System for Information Management, which refers to the broader system that enables the flow and management of information within the Social Protection sector and sometimes beyond, to other sectors. This overarching system encompasses: • a data repository, such as a registry/database for storing and retrieving data. • a software application which helps manage, link and process the data, transforming data into information and analyzing/using the information (at programme level these are referred to as Management Information Systems (MISs)- at integrated level we can call these Integrated MIS). It will also be sustained by a set of procedures for data sharing, most often using Information Communication Technology (ICT) and will ultimately be managed by qualified staff. Ultimately, programme MISs enable harmonized implementation and monitoring of programmes, while ensuring transparency and good governance of Social Protection systems. Depending on country context and objectives pursued, there are two main approaches to developing a database/registry supporting an Integrated System for Information Management within the Social Protection sector. ii. Integrated Beneficiary Registry Integrated Beneficiary Registry is a database/registry which is created by integrating programme MISs of several different existing schemes, meaning integration is only achieved across data and information on beneficiaries (programme recipients). The main objective of such integration is to provide coordination and oversight (e.g. M&E) and integrate selected operations and services across programmes. In practice, Integrated Beneficiary Registries decentralize the process of data collection (individual programs are in charge of this) but centralize selected services by consolidating existing data. iii. Social Registry Social Registry is a database/registry which collects and houses comprehensive (i.e. not program specific) information on potential beneficiaries within the country. In opposite fashion to integrated beneficiary registries, they front-end and centralize data integration by collecting data for a national database/register that is then drawn upon by specific programs. Their primary function is to support and consolidate the initial social protection implementation phases of intake and registration. They can also support the assessment of needs and conditions for the purposes of determining potential eligibility for enrolment in selected social programs Example is Brazil’s ‘Cadastro Unico’ and Indonesia’s ‘Unified Database’. These approaches to developing an Integrated System for Information Management within the Social Protection sector are not mutually exclusive and can evolve over time. For example, a country consolidating information from existing programs using an integrated beneficiary registry approach may decide to coordinate data collection activities and move towards a social registry approach. This approach may then increase its level of interoperability with other government databases and take on features of a virtual social registry, as has been the case in Chile, where the
Part Two | Social Welfare 313 Part 2: Social Welfare majority of data for the ‘Registro Social de Hogares’ is now sourced through existing administrative databases. The key issue is the level of coordination and interoperability achieved, not the creation of a super-sized system or database that serves all purposes. It does not matter whether the system is set-up as a ‘Social Registry’, ‘Integrated Beneficiary Registry’ or ‘Virtual Social Registry’ – what matters is that the approach chosen: responds to a country’s needs; is appropriate to its context, and; is affordable and sustainable. iv. Example: Ghana’s LEAP MIS The LEAP MIS is a centralized repository and database used in the management of the programme. The MIS applications perform the functions within the scope of the programme. The application is segregated into modules administered by the various units of the LMS. The Social Cash Transfer programme utilizes the LEAP MIS application to register targeted households and evaluate household information to identify beneficiaries. The process involves: • Data capturing, validation and scoring of potential beneficiaries • Selection of beneficiaries • Enrolment of beneficiaries • Processing of payments of beneficiaries • Monitoring and Evaluation • Reconciliation of payments • Case Management v. Policy Objectives Integration is mainly a policy issue requiring political and institutional arrangements before technical considerations, meaning that effective systems for data and information management cannot operate in a policy/institutional and programmatic vacuum. In this section we outline the three main and overlapping objectives pursued by policy-makers aiming to achieve integration, and the approaches to integration that can support these (Barca and Chirchir, 2016): • Providing oversight: Integration requires having an overview of who is receiving what, coordinating interventions, facilitating planning and more generally providing combined monitoring and evaluation (M&E) across programmes. E.g. Kenya National Safety Net Single Registry: Achievable through a) An integrated Beneficiary Registry; b) a Social Registry or Virtual Social Registry which exchanges data with Programme MISs (often not the case) • Consolidation of targeting processes so they serve multiple social programs. The rationale
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here is to avoid the use of different and possibly conflicting targeting methods, increasing scale and thus cost efficiency of targeting tools. The aim is to create and maintain a database of poor households, which can be used for targeting of new programs: Achievable through: a) A Social Registry; b) A Virtual Social Registry with no additional data collection (only universal non-means tested programmes); c) A Virtual Social Registry with additional data collection. • Integrating data management to integrate operations and services. This is in line with the concept of the Single Window Services within the social protection sector and beyond: Achievable through (when this is a policy objective): a) An Integrated Beneficiary Registry; b) a Social Registry or Virtual Social Registry which exchanges data with Programme MISs (often not the case). Beyond policy objectives, it is clear that certain set-ups for integration will only be achievable in certain contexts: a country’s historical trajectory and ultimate ‘endowment’ has a great weight in determining choices. This depends on the enablers, such as policy environment and budget; staff availability and capacity; governance and institutional structure; and the wider country context.
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Facilitators’ Notes 2.6.6b - Monitoring and Evaluation (M&E) of SP Programmes
The ILO’s Recommendation 202 recommends that countries should regularly ‘collect, compile, analyze and publish an appropriate range of data statistics and indicators. This is critical to safeguarding compliance with existing legislation, ensuring transparency and accountability and building a basis for the continuous improvement of social protection systems. A good M&E system promotes a continuous learning cycle, fosters transformation in social protection, and improves service delivery. Ideally, it is triggered by a continuous demand for M&E and gives equal importance to monitoring and evaluation functions. Moreover, an M&E framework that harmonizes indicators from across social protection programmes can help to overcome potential fragmentation at the policy and programme level, while reaping benefits in terms of cost and capacity synergies. M&E systems perform two very different functions: they provide evidence for both proving that the programme is “doing the right things”, and for improving so to ensure the programme is “doing things right”. Both functions should be given adequate importance. In order to achieve its objectives, M&E systems must be designed in such a way so as to strike a balance between the capacity (and cost) to produce evidence in a timely fashion and with quality – i.e. supply data, and the demand for evidence of a particular kind or nature for decision making according to the needs of multiple users. i. Monitoring Monitoring is a process that helps keep track of programme progress and performance against the set objectives. It is a routine process done at regular intervals. M&E data is not of use in itself, unless it is translated into information, knowledge and ultimately shapes decisions. Developing an M&E system is about building capacity and practice to gather information from the past course of action, learn from past experience, in way to orient course of action in the future. The role of M&E is to provide reliable information to enable the decision makers “do the right things” as well as to “do things right”. An M&E system should therefore provide information that allows: • to improve control and efficiency of social protection systems (relating primarily to the “internal” objectives of M&E mentioned above); as well as • to prove value and effectiveness (relating primarily to the “external” objectives of M&E. Indicators should be developed based on country/policy/programme specific needs. These include the policy/programme objectives; the needs of different actors and stakeholders; and the functioning of key policy/programme process. Furthermore, it is advised that a comprehensive M&E system will track indicators capturing inputs, processes, outputs, immediate and final outputs, and performance of its programs. In detail: • Inputs: budget, staff time and other administrative resources (though very difficult to quantify and operational costs are often not broken down by the type of activities staff engage in).
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• Output: number of beneficiaries, typology of beneficiaries, number of transfers and other services provided to them. • Outcome/Impact: Indicators to measure improvement in beneficiaries’ consumption, incomes, wages, etc. (depending on programme Theory of Change) and satisfaction with the programme – note that these are difficult to collect for standard monitoring activities and pertain mostly to the realm of evaluation. Nevertheless, some form of outcome monitoring is possible (e.g. using data from national surveys). ii. Evidence-based Policy Making The growing focus on “evidence-based policy making” reflects the increasingly central role of credible data and analysis at all steps of the policy making progress. If evidence that is technically sound is not policy relevant, then it will not be used by policy-makers. The opposite also applies, that is, policy-makers may be forced to use poor quality evidence, if this is the only evidence available that addresses their policy questions. Getting the right balance between both the principles of professional autonomy and accountability, and the relevance of evidence produced, is paramount (Segone, 2008). In addition, the supply of good information must be matched by effective demand and use of evidence. These two “forces” mutually enforce one another, resulting in better design of M&E systems for social protection. Data users must know what evidence they need and why, while the data providers must know how to generate quality information. Supply and demand of M&E information must work in sync to avoid a mismatch. iii. Choosing the Right Evaluation Approach Evaluation is a systematic exercise to assess the relevance, effectiveness, efficiency, impact and/ or sustainability of a programme. It can be carried out prior to, during or after the programme. Evaluation approaches can differ largely in terms of the evaluation questions addressed and the methodological approaches adopted. In broad strikes there are two main families of evaluations: • Evaluation for formative purposes, to inform decisions about programme or policy improvement. Formative evaluation is considered useful at two levels: • Programme Level: in order to improve the efficiency or effectiveness of specific programme delivery mechanisms (e.g. grievance mechanism), the appropriateness of the service delivered (e.g. size of the cash transfer or the nature of farming inputs) or integration/mainstreaming of cross-cutting issues (e.g. integration of nutrition, gender or disability in a programme); • Policy Level: in order to improve the functioning of the social protection system (e.g. horizontal or vertical coordination), strategy/policy or implementation plan. • Evaluation for summative purposes, assessing the merit and worth of a programme or a strategy, in order to inform decisions about expanding, downscaling, merging, phasing out or redesigning it.
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Impact evaluation aims at assessing the changes that can be attributed to a particular intervention. The objective of an impact evaluation is to ascertain the extent to which a given intervention contributes to a change in the behaviour and state of its beneficiaries (impact and outcome level), or in other words impact evaluation is to estimate the causal effect of the intervention on a given outcome variable. iv. Example: Ghana’s LEAP Programme M&E To ensure accountability and management function, the LEAP M&E system consists of two main tools: The Core Results Framework and the Operational Management Framework (CRF & OMF). The CRF contains a range of ‘outward’-looking indicators which focus more on the upper level (i.e. impacts and outcomes) of the results of the framework. The M&E process draws on a range of internal and external data sources. • Internal data sources: consists of data collected by the LEAP Management through the various cycles of LEAP implementation. • The MIS comprises data available on all LEAP households and shall be collected at each stage of the programme cycle. During targeting, the MIS through the application of the Proxy Means Test (PMT) shall collect data on all potential households for LEAP. • Non-MIS: The M&E processes shall involve sourcing for data outside of the LEAP MIS. The data shall be collected to triangulate what is available in the MIS. These include: spot checks by the LMS, district LEAP activity reports and financial monitoring. • External data sources: Independent Spot checks, impact evaluation, Ghana Living Standards Survey (GLSS), and data sources of government ministries and other national surveys. Systematic learning activities have also been built into the LEAP. In particular, these are: annual planning meetings to initiative activities for subsequent years; quarterly review meetings held 3 times a year to review the performance of the LEAP annual plan; an annual mid-year review meeting; and annual review meetings with all key stakeholders to ensure accountability. The prescribed period for holding these meetings are noted in the M&E Framework for LEAP. The LMS also conducts capacity building training for key implementing stakeholders. The M&E unit is tasked with compiling a national quarterly report and annual progress report. Recommendations via feedback, spot checks and supervision are shared to the districts to prioritize their activities accordingly.
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The LEAP Reporting process is depicted below137
v. Spot Checks and Independent Monitoring Checks Independent monitoring checks (IMCs) are a way to randomly verify the data generated at the decentralized level on social protection implementation (e.g. district payment forms, case management, and district quarterly forms). IMCs provide a structured methodology to ensure that programme operational procedures are being followed in the field. The data from the IMCs can also be used to supplement and triangulate other data. The IMC instruments are specifically designed to check field compliance and programme procedures at the institutional and household level. These instruments provide controls and follow-up actions for all programme processes. In addition to the importance of having indicators that have been agreed on, prioritized and refined, and having data from a range of sources, adequate supply of evidence from an M&E system can be achieved when institutional arrangements of the M&E system reflect the overall institutional structure of the programme, work with existing systems, staff and processes, and are built acknowledging the need for time, dedication and in some cases, legal frameworks or Memoranda of Understanding.
137 Source: Guidelines for Monitoring and Evaluation Processes, Technical Annex.
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Facilitators’ Notes 2.6.6c -Social Protection Coordination
Social protection coordination can be defined as the alignment and harmonization of all stakeholder activities (at the programme and administration level) in a coherent and holistic way to reach clearly identified and shared objectives (at the policy level). Obviously, a vertical link (vertical coordination) is also required between the policy and the operational levels The design and implementation of a social protection system will require coordination among all of the different organizations involved in the provision of social protection services and transfers. This includes different line ministries, decentralised structures and civil society organisations. However, most social protection programmes tend to be designed and implemented in silos with little, if any, linkages and complementarities between and among them. This has contributed to fragmentation of policies and programmes and overlap. i. Challenges and Barriers to Coordination There are general advantages and disadvantages of coordination and agencies need to weigh up the costs and benefits of working alone as opposed to coordinating their work, taking into consideration the best interest of the served population. However, coordination is a necessity in the establishment of social protection systems for the following reasons: • Ensuring the translation of the right to social protection into reality on the ground (vertical coordination). • Ensuring the efficiency of the system through the avoidance of duplication and synergies across various components of the system (social transfers should complement each other following vertical and horizontal dimensions of social protection extension to ensure universal coverage and benefit adequacy). • Ensuring the effectiveness of the social protection system by addressing the multi- dimensional nature of poverty. • Ensuring adequacy and consistency of the system, but also to guarantee its financial sustainability and its efficiency. ii. Continuum of Relationship Coordination can range from the less complex or ‘looser’ arrangements – where two sectors may simply share knowledge and objectives whilst planning policies and programmes separately – to a more complex and integrated arrangement where objectives, activities and resources (human, financial and IT) are shared. Thus, coordination can be seen as part of a continuum of relationships which require gradually increasing levels of trust and the sharing of resources, risks and rewards. The continuum may start with networking (no sharing of resources), then move to coordination (minimal sharing of resources), to cooperation (some sharing of risks and rewards), to collaboration (sharing of risks, responsibilities and rewards) and finally to integration in the form of merging programmes and structures into one. There are also different types of
Social Welfare | Part Two 320 Part 2: Social Welfare approaches to strengthening programme coordination. iii. Horizontal Coordination An initial step in improving policy coordination is to establish who the relevant stakeholders are with regards to social protection in order to include them in the process of policy development or review. The main stakeholders in social protection should include government staff, development partners and civil society organizations. An initial step in improving policy coordination is to establish who the relevant stakeholders are with regards to social protection in order to include them in the process of policy development or review. The main stakeholders in social protection should include government staff, development partners and civil society organizations. To ensure that the social protection policy is developed and reviewed in an integrated and comprehensive manner, a coordinating advisory structure could be established. This could be in the form of an inter-ministerial/inter-agency team or working group to provide a platform to share information and knowledge among social protection practitioners. The creation of such a team could also strengthen the impact of policy and technical advisory services provided to governments since this guidance would be collegially discussed. Key issues to consider when setting up such a team or working group include: leadership, mandate and accountability capacity; membership should be representative of various government institutions involved in social protection as well as other stakeholders; and roles and responsibilities should be clearly defined in a Terms of Reference or Memorandum of Understanding. To give explicit detail on the operationalization of the policy, improve coordination and reduce the fragmentation of social support programmes across national counterparts as well as, optimize the allocations for social protection interventions, an integrated framework for social protection programme should be developed. The social protection M&E framework and system would contain a set of core indicators that would be used to measure the outcomes and impact of coordination and integration of social protection services at all levels of government. Regular evaluations should be conducted to assess the level of coordination of services and programmes at the national, provincial, district and local levels. Social protection services at administrative level are usually provided through front and back office services. Activities which afford interaction with the client belong to the front office, while tasks which officials or service providers can carry out without direct contact with the client are back office activities. Front office integration does not necessarily require a shared facility by various ministries and service providers but should have as its primary objective to coordinate and provide effective service delivery to its clients. This requires willingness by the various ministries and service providers to come together and map out how they can streamline the services including: referral system; case management; one-stop shops and other integrated front-office solutions. Back office integration should include shared identification of beneficiaries; shared beneficiary selection systems; management information system (MIS); integrated MIS; centralized beneficiary database system or single registry of beneficiaries as an example of integration of front and back offices; and grievance and redress feedback.
Part Two | Social Welfare 321 Part 2: Social Welfare iv. Vertical Coordination Coordination is considered to be ‘vertical’ when it takes place between the different levels of government (federal, national, provincial/regional, district, and commune/village) in order to guarantee the implementation of the defined policies, the financial sustainability of the social protection system, and the decentralized delivery of social transfers to beneficiaries. Vertical coordination is based on the recognition that each layer of the social protection system depends on the other layers to perform its own duties. For instance, the operational layer needs to respect the parameters of the schemes defined at higher level. Reversely, the planning layer requires certain types of information from the field to be accurately completed. To improve vertical coordination, the country should consider: • Clarifying the roles and responsibilities of the different administrative layers; • Streamlining vertical structures • Ensuring that coordination mechanisms have necessary mandates and capacity to coordinate; • Developing guidance/operational manuals to guide vertical coordination of social protection; • Creating incentives for coordination.
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Session 7: Financing Social Protection
While social protection is generally understood to be affordable for all countries at various stages of development and often costs relatively less than other government expenditures, it does constitute a significant monetary investment towards a country’s future. To finance social protection, sufficient and sustainable resources must be efficiently raised without detrimental effects to a country’s economy, administered professionally and distributed among various government and private agencies in a way that guarantees high levels of accountability and transparency. Financial policy and the budgetary process are key government processes in the determination of a country’s spending priorities and therefore stakeholders that aim to improve social protection require an understanding of the various processes through which revenue mobilization and expenditure decisions are made and what channels exist to influence them and these are the focus for discussions of this session.
Facilitators’ Action a. Begin the session by making the open statement on slide 126 (“Social Assistance is not only an expenditure but also an investment. The Finance Ministry should therefore increase their budget for redistribution) and allow the participants to debate on it for about 5 to 10 minutes. b. Continue after the debate by showing slide 127 and stating that it’s very easy to say that the money will no more be spent on social protection because one or two people misuse the funds. That’s like this Chinese proverb: the sound of one tree dying and crashing is much louder than the sound of a whole forest growing. The risk is that forces against social protection just focus on that one tree crashing (e.g. one person misusing their benefit versus thousands thriving). c. Remind them of the discussions on the first day on how many of these myths are in fact not true (It would be good to have some figures about realities at your fingertips) d. Continue the presentations of slides 128 to131 remembering to use the slide notes and the Facilitators’ Notes 2.6.7 - Financing Social Protection, especially the key points on Expenditure and Financing, Affordability of Social Protection and seeing Social Protection as an Investment to further explain the points on the slides for in-depth understanding by participants. e. Briefly brainstorm with the participants on what districts can do to mobilize funds. Ask for a few opinions (please capture them on a flip chart) and then go through each of the next few slides (slides 132 to 139) showing the 7 options. Allow a few minutes (max 3 minutes) for discussion on each option in a plenary manner asking participants for their thoughts whether those options would work in their districts. f. Continue by presenting slide 140 and stating that the allocation of funds is a cyclical process – one doesn’t just get money straight away, however to some extent this is a ‘ritualistic façade’ masking the real allocation process of spending, which is often based on informal practices and agreements (often due to lack of transparency, lack of control and oversight and lack of an institutionalised negotiation process)
Part Two | Social Welfare 323 Part 2: Social Welfare g. Ask how they can participate in the budgeting process in their districts and as part of this question ask them to consider how they need to engage with the District level stakeholders to advocate for more budget allocations for SP programmes. h. After the discussions share the slide 142 on Key points and take-out i. Now ask participants that having looked at ways to mobilize funds available for Social Protection at the District Level, which of these ideas do they think they could implement in their personal capacity to mobilize more funding (slide 143). Allow them a few minutes to reflect on this. j. As part of the wrap-up for this SP Module, you are to lead the participants to reflect on insights into action. Explain to them that they would do individual reflection and then discuss in pairs. Present the questions on slides 145-147 and allow them few minutes to reflect on those questions based on what they have learned in this module and what they would do as individuals in the context of their jobs and responsibilities. Let them discuss in pairs afterwards and ask pairs to share some of the thoughts and ideas they got from the discussions. k. The discussion on the module can now be concluded by asking if anyone wants to say anything as a final take-away and allow for three or four comments. Try to get different people to speak (especially the quiet ones). l. In conclusion, show the final slide with the candle and state that sometimes the problems that we face as SP practitioners seem insurmountable but don’t give up. Every action you take that makes a difference to even one beneficiary’s life is an action that has made a difference.
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Facilitators’ Notes 2.6.7 - Financing Social Protection
While social protection is generally understood to be affordable for all countries at various stages of development and often costs relatively less than other government expenditures, it does constitute a significant monetary investment towards a country’s future. To finance social protection, sufficient and sustainable resources must be efficiently raised without detrimental effects to a country’s economy, administered professionally and distributed among various government and private agencies in a way that guarantees high levels of accountability and transparency. Financial policy and the budgetary process are key government processes in the determination of a country’s spending priorities and therefore stakeholders that aim to improve social protection require an understanding of the various processes through which revenue mobilization and expenditure decisions are made and what channels exist to influence them. i. Expenditure and Financing ILO Recommendation No. 202 concerning national social protection floors says states “should monitor progress in implementing social protection floors and achieving other objectives of national social security extension strategies through appropriate nationally defined mechanisms”. Such monitoring should include measuring the performance of social expenditure in terms of: • Effectiveness:general performance with respect to social outcomes (poverty rates, income inequality, health status, nutrition, social cohesion); distributional performance – horizontal distribution of coverage and benefits (gender, formal/informal sector, groups identified as vulnerable) – and vertical distribution (effectiveness in reaching the poorest and closing the poverty gap); administrative performance (administrative costs to total administrative costs; efficiency of particular functions like registration and payment systems, claims and delivery...); • Coverage: scope- range of risks and needs covered (old age and survivors, disability, unemployment, sickness and health, maternity, family, infants, children); extent (personal coverage by sex, age, labour market or education status); level of protection (benefit levels compared to national benchmarks of poverty, minimum wages, unskilled wages, mean wages ...); • Expenditure and financing: statistical analysis of the costs and financing sources of the national social protection systems. Those who coordinate national social protection policies as well as any institution administering social protection scheme should have information enabling answering the following questions: • Who (at least by age and sex) gets benefits and how much? • Who pays (what are financing sources)? • How much does it cost and how much of it goes to costs of administration?
Part Two | Social Welfare 325 Part 2: Social Welfare ii. Affordability of Social Protection According to the ILO estimates presented in World Social Security/Social Protection Reports, on average, countries in the world allocate 11 per cent of their respective gross domestic products to social protection. The size of the population in different countries can also be used as a weight to calculate mean percentages of GDP allocated to social protection: in this case the result shows that for the “average” resident in different countries only 8.4 per cent of the GDP of the country is allocated as social protection benefits in the form of cash and in-kind. A large portion of social protection everywhere is provided through contributory schemes and financed mostly from social security contributions. Only recently larger scale non-contributory schemes started to develop in different parts of the World. As data from the World Bank ASPIRE database show, in Sub-Saharan Africa on very widely defined (including public works and community based programmes but excluding health care) non-contributory social protection programme countries spend on average 1.5% of GDP (globally, in low-income countries – 1.5% of GDP). iii. Social Protection as an Investment Making an economic argument for social transfer requires an assessment of cost-effectiveness as well as cost-benefit in both the short and long-term. Social protection has direct impacts on social outcomes and human development, but it is also linked with economic development and can thus be characterized as an economic investment. Social protection is increasingly seen as “a source of resilience in tough times, as a support for growth and productivity in good times, and as a general mechanism for socioeconomic inclusion” (Cherrier et al., 2013 as referred to in the TRANSFORM Curriculum). Three main channels through which social protection can support economic growth: • Individual level- Building and protecting human capital and other productive assets, empowering poor individuals to invest or to adopt higher return strategies. • Local economy effects- Enhancing community assets and infrastructure, positive spill- overs from beneficiaries to non-beneficiaries. • Overall economy level- Acting as stabilizers of aggregate demand, improving social cohesion and making growth-enhancing reforms more politically feasible. iv. Mobilizing Resources Fiscal policy is defined by the choices a government makes in mobilizing resources and allocating expenditures to meet its various obligations. This policy is normally reflected in national budgets that detail broken-down government expenditures in every fiscal year. Actual fiscal space depends on policy space and thus existing willingness to finance certain programmes but it depends also on the overall size of the fiscal envelope – that is how much resources the government can mobilize through different sources of revenue and different fiscal instruments to finance all the necessary publicly financed programmes.
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Most countries adopt a mix of fiscal space policies, usually selected from the combination of the eight options that are available to governments to generate additional resources for social protection, as summarized below: • Re-allocating public expenditures: this is the most orthodox option, which includes assessing on-going budget allocations through Public Expenditure Reviews (PERs), and other types of thematic budget analyses, replacing high-cost, low-impact investments with those with larger socio-economic impacts, eliminating spending inefficiencies and/or tackling corruption. • Increasing tax revenue: this is a main channel achieved by altering different types of tax rates or by strengthening the efficiency of tax collection methods and overall compliance. • Expanding social security coverage and contributory revenues: in existing social security systems, increasing coverage and therefore collection of contributions in a reliable way to finance social protection, freeing fiscal space for other social expenditures; social protection benefits linked to employment-based contributions also encourage formalization of the informal economy. • Lobbying for aid and transfers: this requires either engaging with different donor governments or international organizations in order to ramp up North-South or South- South transfers. • Eliminating illicit financial flows: Given the vast amount of resources that illegally escape developing countries each year, estimated at ten times total aid received, policymakers should crack down on money laundering, bribery, tax evasion, trade mispricing and other financial crimes that are illegal and deprive governments of revenues needed for social and economic development. • Using fiscal and central bank foreign exchange reserves: this includes drawing down fiscal savings and other state revenues stored in special funds, such as sovereign wealth funds, and/or using excess foreign exchange reserves in the central bank for domestic and regional development. • Borrowing or restructuring existing debt: this involves active exploration of domestic and foreign borrowing options at low cost, including concessional, following a careful assessment of debt sustainability. For countries under high debt distress, restructuring existing debt may be possible and justifiable if the legitimacy of the debt is questionable and/or the opportunity cost in terms of worsening deprivations of vulnerable groups is high. • Adopting a more accommodating macroeconomic framework: this entails allowing for higher budget deficit paths and higher levels of inflation without jeopardizing macroeconomic stability. v. Budgeting With regard to cash transfer or social assistance schemes, cost-to transfer ratio and administrative cost per recipient are generally used as indicators of cost-efficiency. Different types of administrative costs include: set up costs for design, planning and major investments (such as establishment of an MIS); roll-out costs for identification/targeting and enrollment and other one-off activities during enrollment of new beneficiaries or periodic re-targeting; and operational costs that are recurrent and usually for the delivery of the transfers, costs of monitoring conditionalities.
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MODULE 7 – COMMUNITY CARE
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MODULE 7: COMMUNITY CARE The Community Care Programme of the Department of Social Welfare focuses on the preventive, promotion, protection and empowerment dimension of social work practice in Ghana. This is actually the community development aspect of the professional practice, which is done through information dissemination, social behaviour change communication, continual dialogue, feedback and management of expectations of vulnerable/special groups. All the community development techniques are employed in executing this function. This module focuses the discussions on the key services delivered under community care such as Rehabilitation of Persons with Disability, Social Education, Hospital Welfare Services, Services for the aged, destitute, persons on the street and PLHIV as well as Registration and Certification of NGOs and Day Care Centres.
This module has seven (7) sessions and they are: Session 1: Introduction of the Community Care Programmes of the Department of SW Session 2: Social and Public Education Activities by Social Workers Session 3: Working with Persons with Disability Session 4: Hospital Welfare Services by Social Workers and Prisons Social Work Session 5: Services and Care for the Aged Session 6: Care for Street Children, the Needy, Poor and Vulnerable Session 7: Working with NGOs and Day Care Centres
Learning Objectives By the end of this module participants would be able to • List the key activities carried out by the Department of Social Welfare under the Community Care component of the department’s programmes • Describe what constitutes disability, the types of disability as well as the causes and prevention of disability • List some of the rights of Persons with Disability according to the Disability Act 2006 (Act 715) • Describe the process involved in the rehabilitation of Persons with Disability and the disbursement of the disability fund • Describe the activities carried out to educate communities on social issues under the Social and Public Education component of the Community Care Programme • Describe the roles of the social worker in the hospital and prisons under the Hospital Welfare Services and Prisons Social Work components of the Community Care Programme • Describe the services provided by social workers to the aged, persons on the street, the
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poor, vulnerable and destitute
Estimated time: 2 – 3 hours
Materials • Draft Strategic Plan for the Department of Social Welfare, (2019 – 2023) • Social Welfare and Community Development Training Manual, Local Government Service, March 2014 • Power Point Presentations and Facilitators’ Notes on specific topics • Flip Charts, VIPP Cards and Markers, • LCD Projector and a Laptop Computer
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Session 1: Introduction on the Community Care Programmes of the Department of SW
As stated in the introduction section of the module the Community Care Programme of the Department of Social Welfare focuses on the preventive, promotion, protection and empowerment dimensions of social work practice. This session explains to participants the learning objectives of this last module of Part Two of the Training Manual as well as discusses with participants the list of the key activities under the Community Care component of the programmes carried out by the Department of Social Welfare.
Facilitators’ Action a. Introduce this module on Community Care by summarizing the introduction paragraph above. Remind participants that the community care aspect of the social welfare programmes is very important because it focuses on information dissemination, social behaviour change communication, continual dialogue, feedback and management of expectations of vulnerable/ special groups. b. Mention the learning objectives (already written on a flipchart) and ask participants to explain in their own words what they understand by the objectives and what their expectations are. c. Ask the participants to mention/list the various components of the Community Care Programme of the DSW (be sure to capture them on the flip chart) and use the list provided in the text box below to ensure all the components are listed.
The Community Care Component of the DSW programmes include 1. Activities with Persons with Disability such as: •• Identifying and registering PWDs •• Sensitizing community members on the Disability Act and its operations •• Supporting PWDs with inputs, assistive devices, hospital and school bills •• Training PWDs in income generating activities •• Monitoring effective and efficient use of the Fund •• Organizing disability day celebration •• Offering psycho-social counselling to PWDs and Persons Living with HIV 2. Providing Hospital Welfare services, 3. Conducting medical and psychological needs assessment of the vulnerable in society 4. Undertaking sensitization and social education on social problems in communities 5. Advocating and lobbying for social inclusion of disadvantaged, PWDs, Aged, PLHIV 6. Identifying, registering and supervising the activities of NGOs
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d. Divide the participants into groups of 8 to 10 participants and ask them to come up with a case scenario and describe how one of the components under the Community Care Programme can be used to prevent or respond to the situation. e. Allow each of the groups to present the outcome of their discussions and use the Facilitators’ Notes 2.7.1 - Functions of the Department of SW and CD at the Local Level below to firm up the discussions. f. Allow the participants to ask questions and contribute to the discussions with examples and conclude the session by informing participants that the next few sessions under this module will focus on the components of the Community Care Programme they have mentioned such as working with persons with disability, hospital welfare services, social and public education as well as services for the aged, destitute, persons on the street and PLHIV. Also add that the case scenarios they used for their group discussions would be used for further discussions in the upcoming sessions.
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Facilitators’ Notes 2.7.1 - Functions of the Department of SW and CD at the Local Level
With the promulgation of LI 1961, the Department of Community Development and Department of Social Welfare at the local level have now been merged to become a Department of the Metropolitan, Municipal and District Assemblies with the new name Department of Social Welfare and Community Development. The Strategic Direction138 of Social Welfare and Community Development Department at the local level is to take the lead in integrating the disadvantaged, vulnerable and excluded in mainstream of development by working in partnership with individuals, families, groups and communities to improve their social and economic wellbeing through their active participation in promoting development with equity. This mandate includes facilitating the mobilization and use of available human and material resources to improve the living standards of individuals, groups, families and communities within an effectively decentralised system of administration as well as preventing and responding to social exclusion and mal adjustment within the context of national and sub national development efforts. The specific objectives of the department are to: • assist the Assembly to formulate and implement social welfare and community development policies and programmes within the framework of national policy. • assist and facilitate provision of community care services • assist to maintain specialized residential services in the districts • facilitate the registration and supervision of non-governmental organizations and their activities in the district • assist to organize community development programmes to improve and enrich the socio – economic lives of the populace • train community groups in employable skills to improve their income levels • collaborate and network with governmental and non-governmental Institutions The Social Welfare and Community Development Department shall assist the Assembly to formulate and implement social welfare and community development policies within the framework of national policy. The Department shall also: • facilitate community-based rehabilitation of persons with disabilities; • assist and facilitate provision of community care services including: (i) registration of persons with disabilities; (ii) assistance to the elderly;
138 Presentation on the Establishment and Operationalization of the Social Welfare and Community Development Department of MMDAs, by OHLGS, 2019
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(iii) personal social welfare services; (iv) hospital welfare services; (v) assistance for street children, destitutes, child survival and development; (vi) socio-economic and emotional stability in families; • assist to maintain specialized residential services (Rehabs, destitute etc.) in the districts; • facilitate the registration, renewal of registration and supervision of non-governmental organizations and their activities in the district; • assist to organize community development programmes to improve and enrich rural life through: i. Literacy and adult education classes; ii. Voluntary contribution and communal labour for the provision of facilities and services such as water, schools, libraries, community centres and public places of convenience (Facilitates and supervise community initiated projects) or iii. Train deprived and rural women in home management and child care
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Session 2: Social and Public Education Activities by Social Workers
Social Education Programmes by the Social Welfare Officers involve visiting schools, communities, radio stations, etc. to create awareness on policies, regulations, laws on children and other social issues. Social workers in collaboration with other agencies organize programmes to educate communities on variety of topics. This session briefly discusses with participants some of the activities carried out by social workers as part of the social education programmes of the Department of Social Welfare.
Facilitators’ Action a. Begin the session by informing participants that the focus of this session would be to discuss some of the activities carried out by social workers as part of the social education programmes of the Department of Social Welfare. Add that as they are aware, engagement with communities and social dialogue with all stakeholders in society is very critical to bring about the needed change for the protection of children from all forms of harm and violence. b. Divide the participants into 5 Groups (of between 8 to 10 each) and ask them to discuss and come up with answers for the following questions using case scenarios: • Group 1–what are the key components of the Social Education Programme • Group 2 – what are the key social issues that are discussed as part of the programme • Group 3 – what skills are needed to carry out the Social Education Programme • Group 4 – describe the stages involved in community mobilization • Group 5 – describe the GATHER Approach139 for Interpersonal Communication c. After about 20mins of group discussions allow each group to present their answers at plenary. d. During presentations by the various groups, allow other participants from the other groups to ask questions or contribute with examples and if possible with case scenarios. Use the key points presented in the Facilitators’ Notes 2.7.2 - Social and Public Education Activities by Social Workers to guide the discussions. Also refer to Modules 4, 5 and 6 of Part One – Crosscutting Issues (on communication for social and behaviour change, community mobilization and introduction to advocacy) to help
139 GATHER Approach of Interpersonal Communication (IPC) stands for Greet, Ask, Tell, Help, Explain and Return (discussed in Module 4 - Communication for Behaviour and Social Change of Part One of the Manual on Cross Cutting Issues)
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e. After the presentations from the groups ask participants to mention similar topics that were discussed in Part One of the manual that focused on cross cutting issues. After a few responses use the information/key points in the text box below to revise with the participants some of the issues discussed in Part One that are relevant to the Social Education Programmes by the Social Welfare Officers.
f. Conclude the session by reminding them that this is why those topics were captured as crosscutting issues since the knowledge and skills discussed and acquired during those sessions are important for the work they do as social workers and also important for the work of other CP actors.
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Facilitators’ Notes 2.7.2 - Social and Public Education Activities by Social Workers
Social Education Programmes by the Social Welfare Officers involve visiting schools, communities, radio stations, etc. to create awareness on policies, regulations, laws on children and other social issues. Social workers engage individual target groups, families and community members on topics that are relevant for the prevention and protection of children from every form of harm and violence. They also organize educational programmes for which they are not the expert who deliver the message by collaborating with other stakeholders and inviting experts to deliver the message on their behalf. Some of the social issues discussed during the social and public education programmes by social workers include: • Educating parents on child rights, parenting etc. • Rights of persons with disabilities • Teenage pregnancy • HIV/AIDS education • Streetism and its causes and prevention • Causes of delinquency and its prevention • Importance of formal education • Causes of poverty and its prevention • Gender based violence and related issues etc.
Some Relevant Aspects of Part One - Cross Cutting Issues In Module 4 which focused on Communication for Behaviour and Social Change, the participants defined and explained various components of communication, demonstrated the essential skills for effective interpersonal communication, learned about the use of the “GATHER” approach in interpersonal Communication (IPC), conducted simple audience analysis, enhanced their knowledge on the steps of behaviour change, discussed the Diffusion of Innovation as well as discussed the Internal and External Factors that Influence Behaviour In Module 5 which focused on prevention work based on the Child Protection Community Facilitation Toolkit, the participants were introduced to the steps and methods for engaging community members as well as some tips for setting the stage to be gender/age sensitive and adolescence responsive. In addition, they learned about social/community mobilization, discussed Community/Social Mobilization Methods, Challenges and Benefits; discussed the Stages of Community/Social Mobilization as well as the CP Toolkits to Engage Various Target Audiences to prevent and reduce risk of protection violations In Module 6 which focused on additional cross cutting issues, the participants were equipped with knowledge on what advocacy is, why it is important to carry out advocacy as part of carrying out their duties effectively, as well as skills needed to carry out advocacy activities in the course of providing effective child protection and family welfare services
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Session 3: Working with Persons with Disability
About 1 billion people in the world today experience some form of disability, out of whom nearly 200 million experience considerable difficulties in functioning140. Many people with disabilities do not have equal access to health care, education, and employment opportunities, do not receive the disability-related services that they require, and experience exclusion from everyday life activities. Following the entry into force of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), disability is increasingly understood as a human rights issue. Disability is also an important development issue with an increasing body of evidence showing that persons with disabilities experience worse socioeconomic outcomes and poverty than persons without disabilities. According to the 2010 Population and Housing Census, 3% of the total population of Ghana comprises persons with disability (PWDs), of which 52.5% are males and 47.5% are females. The government recognises PWDs as productive citizens whose abilities represent an important aspect of human resource development. This session discusses with participants the definition, types, causes and prevention of disability, disability and human rights, care and rehabilitation of persons with disability in Ghana.
Facilitators’ Action a. Introduce the session by summarising the introductory section above, informing participants that there are about a billion people in the world living with disability and according to the 2010 National Population and Housing Census, 3% of the total population of Ghana comprises persons with disability (PWDs), of which 52.5% are males and 47.5% are females. b. Also inform them about what the focus of this session would be, i.e. discussions on the definition, types, causes and prevention of disability, disability and human rights, care and rehabilitation of persons with disability in Ghana. c. Divide the participants into 5 groups and let the groups discuss and come up with answers for the following: • Group 1 - What is Disability? • Group 2 - What are the types of Disabilities, • Group 3 - What are the causes of Disability • Group 4 - What can be done to prevent Disability • Group 5 - What are the basic Rights of Persons with Disability d. After about 10mins of discussions by the groups, allow every one of the groups to present the answers they came up with during plenary and use the information presented in the Facilitators’ Notes 2.7.3a - Definition, Types, Causes and Prevention of Disability to guide and firmup the discussions after the presentation of every group, allowing questions and contributions from members from the other groups. Remember to include the vulnerability of persons with 140 World Disability Report, 2011, WHO
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disability in the discussions using the information in the Facilitators’ Notes. e. Also let the participants discuss the rights of persons with disability in Ghana and be sure to mention the provision of user-friendly facilities and equipment for different categories of disability as provided in the Persons with Disability Act 2006 (Act 715). f. The issue of children with special needs is always forgotten when issues about persons with disability are being discussed. If not mentioned during the presentations by the 5 groups at plenary, ask participants what they know and understand about Special Needs Children. g. Facilitate the discussions about special needs children by using the Facilitators’ Notes 2.7.3b - Children with Special Needs. Allow participants to contribute to the discussion using case scenarios and examples. h. Ask participants to define Rehabilitation of Persons with Disability, mention the types of rehabilitation and the goals of Community Based Rehabilitation. After a few responses present the PPT 2.7.3 - Rehabilitation of Persons with Disability allowing for questions and contributions from participants with examples and case scenarios. Use the information in the text box on Summary of Rehabilitation of PWDs below to summarize the discussions on the importance of rehabilitation of PWDs. Also ensure to add the advocacy efforts by Social Workers on issues of disability.
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In summary rehabilitation of PWDs has three main components • Community-based rehabilitation which involves Identifying PWDs in their communities and linking them to Master craftsmen for training as well as Monitor progress of PWDs • Institutional rehabilitation which involves, admitting qualified PWDs in Rehabilitation Centres, Provision of shelter, food, training materials and equipment as well as Skills training • Referrals which involves, identifying special needs of a PWD and referring him/her to the appropriate facility. Note that if these PWDs are not assisted to overcome their disability, they may be exposed to moral and physical danger. The Types of Rehabilitation are, Family rehabilitation, Medical rehabilitation, Educational or Vocational rehabilitation
Advocacy by social Workers on Disability Issues • Workshops in communities: about causes and prevention of disability to make people understand that everybody can get a disability through illness or accidents. Information about capabilities of PWDs, the need to send children with disabilities to school and the contents of the Disability Act. • Campaigns to encourage parents to send their children with disabilities to school: parents have to be made aware of educational capacities of their children. • Media campaigns: television and radio shows in local, understandable languages about different disability issues, for example about the Disability Act through radio and Television shows at regional level and in simple and local languages. • Copies of the Act could be made available at government institutions, NGOs and OPWDs for people who are interested. • Positive portrayal of PWDs at grass root level through role models. Demonstrate the contribution PWDs can make to society and the development of the nation, for example by showing role models of PWDs who have made a meaningful contribution to society. • Involvement of religious leaders in educating the public on disability issues. i. Ask the participants to go back to their 5 groups and discuss the Case Study on Disability Issues in the text box below focusing on the following two questions: • What human rights issues are relevant to this case? • As a social worker, how would you explain these issues to David’s parents to convince them to access the training for David in a special school as well as the physiotherapy provided by a non-governmental organization working in the area? • What skills does a social worker need when working with PWDs?
Social Welfare | Part Two 340 Part 2: Social Welfare j. At plenary let the groups present their responses to the questions and allow for extensive discussions, questions and contributions. k. Use the key points in the text box on Skills needed when working with PWDs below to guide the discussions on what the social worker would do in managing the case below and what skills they would need to effectively manage cases involving PWDs. l. Still in their groups ask them to list the (respectively, group one for the first questions etc.): • organizations for persons with disabilities, • who forms the members of those organizations and their mandates? • Composition and functions of the Disability Fund Management Committee • The areas of funding by the District Assemblies Common Fund (DACF) • Access to the DACF, Utilization, monitoring and evaluation of the fund m. At plenary, allow the groups to present their answers to the questions assigned to them and allow participants from the other groups to ask questions as well as contribute to the discussions using examples and case scenarios. n. Use the information in the Facilitators’ Notes 2.7.3c – The Disability Common Fund (DCF) and the District Assemblies Common Fund (DACF) to guide the presentations by the groups and discussions before concluding the session. Please note that the organizations for persons with disabilities include: • Ghana Federation of the Disabled • Ghana Society for the Physically Disabled • Ghana Blind Union • Ghana National Association of the Deaf • Parents Association of Children with Intellectual Disability (PACID) • Society of Albinos, Ghana (SAOG)
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Case Study on Disability Issues Roger and Akosua are married with eight children. Among them is one child called David who had never been able to sit or stand and nobody had ever tried to help him. His hands were clenched and he had never been able to open and close them. He was not however intellectually limited. His parents were ashamed of having a child with disability and did not tell anybody about him. They were careful to hide him, but were otherwise not unkind to him. Because of lack of facilities in the community to help children with disabilities, there was nowhere to turn to for help. A Social Worker offered the family training for David in a special school as well as physiotherapy provided by a non-governmental organization working in the area. The family was reluctant to allow David to join the project but was eventually convinced. David benefitted greatly and the parents were very proud when he could walk, use his hands well and was subsequently able to start studying in the ordinary school.
Skills needed when working with PWDs For caseworkers to positively affect the plights of PWDS, they need certain skills to be able to develop appropriate programmes for the specific disabilities. For caseworkers to meet the needs of the PWDS they need: - A broad knowledge base on the type and challenges presented with the particular disability as well as location of resources in the environment that respond to the needs of the PWD. - Good interviewing skills - Fund raising skills - Knowledge in legal and ethical issues regarding PWDS - Counselling skills
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Facilitators’ Notes 2.7.3a - Definition, Types, Causes and Prevention of Disability
The United Nations Convention on the Rights of Persons with Disabilities [CRPD] (2006, p.4) defines persons with disabilities to include “those who have long-term physical, mental, intellectual or sensory impairments, which interact with various barriers, [and] may hinder their full and effective participation in society.” Disability is a physical or mental condition that limits a person’s movements, senses, or activities. It is an umbrella term, covering impairments, activity limitations, and participation restrictions. The term is used to refer to individual functioning, including physical impairment, sensory impairment, cognitive impairment, intellectual impairment, mental illness, and various types of chronic diseases141. Disability is conceptualized as being a multidimensional experience for the person involved. There may be effects on organs or body parts, and there may be effects on a person’s participation in areas of life. Correspondingly, three dimensions of disability are recognized in International Classification of Functioning, Disability and Health (ICF): • body structure and function (and impairment thereof), • activity (and activity restrictions) • and participation (and participation restrictions). An impairment is a problem in body function or structure; an activity limitation is a difficulty encountered by an individual in executing a task or action; while a participation restriction is a problem experienced by an individual in involvement in life situations. Disability is thus not just a health problem. It is a complex phenomenon, reflecting the interaction between features of a person’s body and features of the society in which he or she lives. Overcoming the difficulties faced by people with disabilities requires interventions to remove environmental and social barriers. The classification also recognizes the role of physical and social environmental factors in affecting disability outcomes. Disabilities can affect people in different ways, even when one person has the same type of disability as another person. Some disabilities may be hidden, known as invisible disability. There are many types of disabilities, such as those that affect a person’s: • Vision • Hearing • Thinking • Learning • Movement
141 https://www.disabled-world.com/disability/types/ (Assessed on 24th of September 2019)
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• Mental health • Remembering • Communicating • Social relationships i. Vulnerability of Persons with Disability Half of people with disability cannot afford health care. They are also more likely to experience barriers when accessing health facilities, information and equipment. The core environmental barriers to daily life for people with mental disorders and other non-communicable diseases (NCDs) are: • the lack of assistive products for mobility, • and the availability of personal assistance. People with disabilities have the same health needs as non-disabled people – for immunization, cancer screening etc. They also may experience a narrower margin of health, both because of poverty and social exclusion, and also because they may be vulnerable to secondary conditions, such as pressure sores or urinary tract infections. Evidence suggests that people with disabilities face barriers in accessing the health and rehabilitation services they need in many settings142. ii. Ten facts on disability143 People with disabilities are among the most marginalized groups in the world. They have poorer health outcomes, lower education achievements, less economic participation and higher rates of poverty than people without disabilities. Disability is now understood to be a human rights issue. People are disabled by society, not just by their bodies. These barriers can be overcome, if governments, nongovernmental organizations, professionals and people with disabilities and their families work together. The WHO/World Bank World Report On Disability, 2011 shows the way forward. • Fact 1: Over a billion people live with some form of disability • Fact 2: Disability disproportionately affects vulnerable populations • Fact 3: People with disabilities often do not receive needed health care • Fact 4: Children with disabilities are less likely to attend school than non-disabled children • Fact 5: People with disabilities are more likely to be unemployed than non-disabled people
142 https://www.who.int/topics/disabilities/en/ (Assessed on 24th of September 2019) 143 https://www.who.int/topics/disabilities/en/(Updated November 2017 and Assessed on 24th of September 2019)
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• Fact 6: People with disabilities are vulnerable to poverty • Fact 7: Rehabilitation helps to maximize functioning and support independence • Fact 8: People with disabilities can live and participate in the community • Fact 9: Disabling barriers can be overcome. Governments can: • promote access to mainstream services; • invest in specific programmes for people with disabilities; • adopt a national strategy and plan of action; • improve staff education, training and recruitment; • provide adequate funding; • increase public awareness and understanding on disability; • strengthen research and data collection; and • ensure the involvement of people with disabilities in implementing policies and programmes. • Fact 10: The Convention on the Rights of Persons with Disabilities (CRPD) promotes, protects and ensures the human rights for all people with disabilities iii. Causes of Disability Disability can be caused by many factors and these include:
Accidents Unfortunate life events such as drowning, automobile accidents, falls and so on can result in people losing their sight, hearing, limbs and other vital parts of their body and cause disability.
Diseases Lifestyle choices and personal behaviour such as obesity, physical inactivity, tobacco use, alcohol consumption, illicit drugs use etc. that lead to non-communicable diseases are also becoming major contributing factors. The use of drugs, alcohol, tobacco, the exposure to certain toxic chemicals and illnesses, toxoplasmosis, cytomegalovirus, rubella and syphilis by a pregnant mother can cause intellectual disability to the child. Childhood diseases such as a whooping cough, measles, and chicken pox may lead to meningitis and encephalitis. This can cause damage to the brain of the child. Toxic materials such as lead and mercury can damage the brain too. Communicable diseases (Infectious diseases) such as lymphatic filariasis, tuberculosis, HIV/ AIDS, and other sexually transmitted diseases; neurological consequences of some diseases such as encephalitis, meningitis, and childhood cluster diseases (such as measles, mumps, and poliomyelitis) can also contribute to disability.
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Environmental factors Poverty and malnutrition in pregnant mothers can cause a deficiency in vital minerals and result in deformation issues in the unborn child. After birth, poverty and malnutrition can also cause poor development of vital organs in the child, which can eventually lead to disability.
Genetic factor Abnormalities in genes and genetic inheritance can cause intellectual disability in children. In the USA, Down Syndrome is the most common genetic condition, and about 6,000 babies with Down Syndrome are born each year. Sometimes, diseases, illnesses, and over-exposure to x-rays can cause a genetic disorder.
Unknown Causes The human body is a phenomenal thing. Scientists have still not figured out exactly what and how some things in the body, cells, brain, and genes come about. Humans have still not found all the answers to all the defects in the human body. iv. Prevention of Disability Prevention can be carried out using social and public education, immunization as well as treatment of symptoms. Prevention of health conditions associated with disability is a development issue. Attention to environmental factors – including nutrition, preventable diseases, safe water and sanitation, safety on roads and in workplaces – can greatly reduce the incidence of health conditions leading to disability. Preventing disability should be regarded as a multidimensional strategy that includes prevention of disabling barriers as well as prevention and treatment of underlying health conditions. A public health approach distinguishes:
Primary prevention Actions to avoid or remove the cause of a health problem in an individual or a population before it arises; thus this level deals with action taken prior to the onset of the disease/disability, which will remove the possibility that a disease/disability will occur. It includes health promotion and specific protection (for example, HIV education).
Secondary prevention Actions to detect a health problem at an early stage in an individual or a population, facilitating cure, or reducing or preventing spread, or reducing or preventing its long-term effects; thus this level deals with action, which halts the progress of the disease/disability at its incipient stage and prevents complications. The specific interventions are early diagnosis and adequate treatment (for example, supporting women with intellectual disability to access breast cancer screening)
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Tertiary prevention Actions to reduce the impact of an already established disease by restoring function and reducing disease-related complications, thus this level deals with all measures available to reduce or limit impairments and disabilities, and minimize suffering caused by existing disability. This phase is also called rehabilitation, which includes physical, psychosocial and vocational measures taken to restore the patient back to normal or near normal condition (for example, rehabilitation for children with musculoskeletal impairment). It is extremely important that women undertake adequate and effective preventive measures during their pregnancy and immediate postnatal period and also for their children especially during the early childhood period, in order to significantly reduce the incidence of impairment and disabilities in them.
General Preventive Measures 1. Marriage between very close blood relations like uncle, niece, first cousin should be avoided for prevention of hereditary disorders. 2. Avoid pregnancies before the age of 18 years and after the age of 35 years. 3. Consult a doctor before planning the pregnancy; • If there is incidence of birth defects in your family. • If you have had difficulty in conceiving or have had a series of miscarriages, still births, twins, delivery by operation (Caesarean), obstructed labour/prolonged labour (more than 12 hours) and/or severe bleeding in previous pregnancy. • If you have RH - negative blood type. • If you have diabetes. v. Disability and Human Rights Disability is a human rights issue because: • People with disabilities experience inequalities – for example, when they are denied equal access to health care, employment, education, or political participation because of their disability and this creates barriers for their prosperity and wellbeing • People with disabilities are subject to violations of dignity – for example, when they are subjected to violence, abuse, prejudice, or disrespect because of their disability. • Some people with disability are denied autonomy – for example, when they are subjected to involuntary sterilization, or when they are confined in institutions against their will, or when they are regarded as legally incompetent because of their disability. A range of international documents have highlighted that disability is a human rights issue, including the World Programme of Action Concerning Disabled People (1982), the Convention on the Rights of the Child (1989), and the Standard Rules on the Equalisation of Opportunities for
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People with Disabilities (1993). More than 40 nations adopted disability discrimination legislation during the 1990s. The Convention on the Rights of Persons with Disabilities (CRPD) – the most recent, and the most extensive recognition of the human rights of persons with disabilities – outlines the civil, cultural, political, social, and economic rights of persons with disabilities. Its purpose is to “promote, protect, and ensure the full and equal enjoyment of all human rights and fundamental freedoms by people with disabilities and to promote respect for their inherent dignity”. The Convention on the Rights of Persons with Disabilities is important because it is a tool for ensuring that people with disabilities have access to the same rights and opportunities as everybody else. The Convention is a human rights treaty designed by representatives of the international community - including people with disabilities, government officials, representatives of nongovernmental organizations and others - to change the way people with disabilities are viewed and treated in their societies. Rather than considering disability as an issue of medicine, charity or dependency, the Convention challenges people worldwide to understand disability as a human rights issue. The Convention covers many areas where obstacles can arise, such as physical access to buildings, roads and transportation, and access to information through written and electronic communications. The Convention also aims to reduce stigma and discrimination, which are often reasons why people with disabilities are excluded from education, employment and health and other services. vi. Disability in Ghana According to the 2010 Population and Housing Census, 3% of the total population of Ghana comprises persons with disability (PWDs), of which 52.5% are males and 47.5% are females. The government recognises PWDs as productive citizens whose abilities represent an important aspect of human resource development. Relevant policy measures of government over the years were aimed to ensure the integration of disability issues in national development, and the provision of timely, reliable, and disaggregated data on PWDs for planning and policy making. Following the passage of the Persons with Disability Act, 2006 (Act 715), MMDAs are mandated by law to allocate at least 2% of their District Assembly Common Fund (DACF) to support PWDs to improve their living conditions and empower them to participate in national development. The National Council for Persons with Disability is responsible for overall monitoring of the fund. In 2016, the DACF for PWDs was increased from 2% to 3%. This was aimed to increase the coverage of disability related programmes (such as skills and financial support to PWDs) in the country. vii. Inclusive Education Policy in Ghana Inclusive education means that all students attend and are welcomed by their neighbourhood schools in age-appropriate, regular classes and are supported to learn, contribute and participate in all aspects of the life of the school. Inclusive education guarantees a learning environment which is barrier free and enables all learners including those with disabilities to move about safely and freely, use facilities and participate in learning and all aspects of school life. The overarching goal
Social Welfare | Part Two 348 Part 2: Social Welfare of Ghana’s Inclusive Education (IE) policy is to redefine and recast the delivery and management of educational services to respond to the diverse needs of all learners within the framework of Universal Design for Learning and Child Friendly School Concept. Inclusive education (when practiced well) is very important because: all children are able to be part of their community and develop a sense of belonging and become better prepared for life in the community as children and adults. It also provides better opportunities for learning. viii. Rights of Persons with Disability in Ghana - Persons with Disability Act, 2006 (Act 715)
Right to family life and social activities 1. A person with disability shall not be deprived of the right to live with that person’s family or the right to participate in social, political, economic, creative or recreational activities.
Differential treatment in respect of residence 2. Except as otherwise required by the condition or the need for improvement of a person with disability, a person shall not subject a person with disability to differential treatment in respect of residence.
Living conditions in specialized establishments 3. Where a person with disability has to be put in a specialised establishment, the environment and living conditions of the establishment shall, except as otherwise required by the condition of the person with disability, be as close as possible to those of a person without disability of the same age as the person with disability.
Access to public places 6. The owner or occupier of a place to which the public has access shall provide appropriate facilities that make the place accessible to and available for use by a person with disability.
Access to public services 7. A person who provides service to the public shall put in place the necessary facilities that make the service available and accessible to a person with disability.
Penalty for contravention 8. A person who contravenes Section 1, 2, 4, 6, or 7 commits an offence and is liable on summary conviction to a fine not exceeding fifty penalty units or to a term of imprisonment not exceeding three months or to both.
Part Two | Social Welfare 349 Part 2: Social Welfare ix Provision of user friendly facilities and equipment as part of the right of PWDs • in educational institutions (Section 17 of the Persons with Disability Act, 2006 (Act 715) - The Minister of Education shall by Legislative Instrument designate schools or institutions in each region which shall provide the necessary facilities and equipment that will enable persons with disability to fully benefit from the school or institution • in Library facilities (section 22) - A public library shall as far as practicable be fitted with facilities that will enable persons with disability to use the library. • Transportation – Section 23. Integration of needs of persons with disability - The Ministries responsible for rail, air, and road transport and where appropriate the Ministry of Local Government shall ensure that the needs of persons with disability are taken into account in the design, construction and operation of the transportation network • A person with disability as a pedestrian – Section 25. A motorist shall stop for a person with disability who shows an intention to cross the road either at the pedestrian crossing or at an appropriately designated point for crossing by persons with disability. • Parking places for persons with disability – Section 26. (1) A District Assembly or an operator of a parking lot shall demarcate a special parking place which shall be reserved for the exclusive use of persons with disability. 2. Without limiting Subsection (1), each public place for parking vehicles shall have a clearly demarcated area for the exclusive use of persons with disability. • Facilities at port terminals – Section 28. (1) The Civil Aviation Authority and any other authority responsible for the management of a port shall provide facilities that will aid the movement of a person with disability at the port. • Reserve seats on vehicles –Section 29. A person responsible for the booking of passengers on a commercial bus shall reserve at least two seats for the persons with disability except that where the bus is full without the reserved seats having been occupied, the driver or the person responsible for putting passengers on the bus may, fill the reserved seats with other passengers. • Contravention of sections 25 and 29. – Section 30. A person who contravenes Sections 25 and 29 commits an offence and is liable on summary conviction to a fine not exceeding fifty penalty units or to a term of imprisonment not exceeding three months or to both.
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Facilitators’ Notes 2.7.3b - Children with Special Needs
Persons with Disabilities include Children with Special Needs144. “Special needs” is an umbrella term for a wide array of diagnoses, from those that resolve quickly to those that will be a challenge for life and those that are relatively mild to those that are profound. It covers developmental delays, medical conditions, psychiatric conditions, and congenital conditions that require accommodations so children can reach their potentials. Special needs are commonly defined by what a child can’t do–developmental milestones unmet, foods banned, activities avoided, or experiences denied. These hindrances can hit families hard and may make special needs seem like a tragic designation. Some parents will always mourn their child’s lost potential, and some conditions become more troubling with time. Other families may find that their child’s challenges make triumphs sweeter and that weaknesses areoften accompanied by amazing strengths. “Special needs” is a very broad term and every situation is unique. Families should focus on seeking the help and guidance needed for their particular concerns. Children with special needs often have unique demands at home and at school. Caregivers must learn to successfully address them to help the child succeed. A special needs child can benefit from a variety of therapies, including physical, speech, and behavioural. Medical Issues for children include serious conditions like cancer, heart defects, muscular dystrophy, and cystic fibrosis. It also includes chronic conditions like asthma and diabetes, congenital conditions like cerebral palsy and dwarfism, and health threats like food allergies and obesity. A child may need frequent medical testing, hospital stays, equipment, and accommodations for disabilities. Establishing a good support system is very important when dealing with uncertainty and any medical crises. Children with Behaviour Issues may not respond to traditional discipline. Diagnoses like attention deficit hyperactivity disorder (ADHD), foetal alcohol spectrum disorder (FASD), dysfunction of sensory integration, and Tourette’s syndrome require specialized strategies that are tailored to their specific needs. Behaviour issues can increase the risk of problems at school. As a parent, you will need to be flexible, creative, and patient. Developmental disabilities can change one’s visions of the future and provide immediate difficulties in caring for and educating one’s child. Diagnoses like autism, Down Syndrome, and intellectual disabilities often cause children to be removed from the mainstream. Quite often, parents become fierce advocates to make sure their children receive the services, therapy, schooling, and inclusion they need and deserve. Children with learning disabilities like dyslexia and auditory processing disorder (APD) struggle with schoolwork regardless of their intellectual abilities. They require specialized learning strategies to meet their potential and avoid self-esteem problems and behavioural difficulties. Parents of learning-challenged kids need to be persistent. This includes working with one’s child at home as well as teachers and schools to ensure they get all the help they need.
144 https://www.verywellfamily.com/what-are-special-needs-3106002, (Assessed on 24th of September 2019)
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Mental Health Issues - Realizing that your child suffers from anxiety or depression or has attachment difficulties can be unexpected. Again, every child will be different, yet these can leave one’s family dealing with a roller coaster of mood swings, crises, and defiance.
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Facilitators’ Notes 2.7.3c – The Disability Common Fund (DCF) and the District Assemblies Common Fund (DACF)145
To alleviate poverty among persons with disabilities and to increase their participation in socioeconomic activities, various policy and programmatic interventions have been implemented by the government of Ghana over the past decade. This includes the passage of Disability Act 715 in 2006 and also, the establishment of the National Council on Persons with Disabilities (NCPD) in 2010. Coupled with this, is the National Disability Scheme which incorporates an improved system of economic and social benefits, commonly known as the Disability Common Fund (DCF) where the Government allocates 2% of the District Assembly Common Fund to PWDs each year. The DCF for persons with disabilities in the districts, municipalities and metropolis across the country was introduced in 2005 to respond to the financial needs of person with disabilities. The aim of the programme is to reduce poverty among PWDs, especially those who are not employed in the formal sector through income generation activities. It also has as its objective, to support education for children with disabilities and build capacity of PWDs in general. The fund is used for a variety of purposes by the beneficiaries, which are spelt out in the guidelines for disbursement of the fund. More importantly, the Fund assists PWDs to procure and have access to assistive devices and technical aids, and to undertake income generation activities such as agriculture, textiles and other trading activities. It can also be used to support education for children with disabilities and build capacity of persons with disabilities and their organizations (NCPD, 2010). Since the District Assembly Common Fund is disbursed to the local governments quarterly, the DCF is also disbursed to the beneficiaries quarterly. Department of social welfare is to monitor the disbursement and utilization of the fund through the MMDAs’ social welfare officers i. Areas for Funding • The under-listed are the areas for support under the DCF for PWDs • Advocacy/awareness creation on the rights and responsibilities of PWDs • Strengthening of OPWDs (organizational development of PWDs) • Training in employable skills/apprenticeship • Income generation activities (input/working capital) • Some educational support for children, students and trainees with disability • Provision of technical aids, assistive devices, equipment and registration of NHIS
145 http://www.commonfund.gov.gh/ (Accessed on 24th September 2019)
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Access to DCF - Both groups and individuals shall have access to the fund. Individual PWDs who are not members of any OPWDs can access funding from the DCF for any of the purposes stated above. ii. District Assemblies Common Fund (DACF) The District Assemblies’ Common Fund (DACF) is a pool of resources created under Article 252 of the 1992 constitution of Ghana. It is a minimum of 5.0% of the national revenue set aside to be shared among all District Assemblies in Ghana with a formula approved by Parliament. The fund is a Development Fund which enables the use of the nation’s wealth throughout Ghana to the benefit of all citizens thus ensuring equitable development of the various Assemblies in the country. Part of the aims of the fund are to minimize poverty among all PWDs particularly those outside the formal sector of employment and to enhance their social image through dignified labour. The DACF Administrator is the Manager of the Fund, however, ensuring the success of the Fund is not the sole responsibility of the Administrator but a collective responsibility of all stakeholders including the government, the Administrator, officials of Metropolitan, Municipal and District Assemblies (MMDAs) that receive the fund, Ministry of Local Government and Rural Development (MLGRD) as well as, Civil Society who benefit from the fund. iii. Who Manages the Fund? The Administrator of the District Assembly Common Fund is the sole Manager of the Fund. Each year the Administrator prepares the Formula to be used for sharing of the Fund and places it before Parliament for approval. After approval, the Administrator disburses the Fund to the various District Assemblies based on the approved Formula. The Administrator also checks and monitors the use of the Fund by the District Assemblies, and reports in writing to the Minister of Local Government and Rural Development on how the Assemblies utilized the Fund. The Administrator is also required by law to present an annual report to Parliament on all activities of the Fund during the year. iv. Utilization, Monitoring and evaluation of the fund • It is a shared responsibility among civil society, the Government and the Office of the Administrator of the District Assemblies Common Fund • The individual vigilance ensures quality work of the Assemblies • The District Assemblies’ prudent use of the Fund ensures value for Money • Government agencies responsible for the Fund (DACF and Ministry of Local Government and Rural Development) have a duty to ensure strict adherence to guidelines for the Fund’s application. • The Auditor-General by law has responsibility to ensure that common Funds are used in
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line with laid down procedures. v. How the Fund is Distributed? • Part of the Fund is disbursed directly to District Assemblies in accordance with the approved Formula. This is referred to as ‘direct transfers.’’ The MMDAs use the funds for projects and programmes determined by their respective Assemblies. In 2013 and 2014, about 50% of the total amount for the Common Fund was allocated for ‘direct transfer’’ to the Assemblies. • Some of the money from the Fund is also used directed to support a number of important social intervention projects which take place in the Districts but are national in scope. Disbursement for such programmes is referred to as ‘’indirect transfers’’. Some of the national programmes supported by ‘indirect transfers’’ are the School Feeding Programme, National Borehole Programme, GYEEDA, Sanitation Module and Sanitation/Waste Management. • Also about 4% of the Fund is shared to Members of Parliament for constituency projects, 1.5% is shared among the 10 Regional Co-ordinating Councils for supervision of the Assemblies in their respective Regions while 2% is reserved to meet contingency expenditures.
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Session 4: Hospital Welfare Services by Social Workers and Prisons Social Work146,147
Hospital Welfare Services sometimes also referred to as Medical Social Work involves psycho- social counseling of patients, tracing families of patients on admission, arranging for free medical care of extremely poor and destitute patients or payments in installments, care and protection of abandoned children at the hospital as well as arranging for pauper burial. Working as a social worker in prisons and the correctional system at-large is also very challenging - one that is critical to the pursuit of prisoner rehabilitation, prison reform and reduced incarceration rates. Social Work Professionals have the opportunity to also play an important role in all aspects of correctional policy and operations. This session discusses with participants what hospital social work involves, what the hospital social workers do and why their services are important as well as what the prisons social work entails.
Facilitators’ Action a. Introduce the session by reminding participants that this 7th Module of the Part Two of the Manual is focused on discussing all the services that the Department of Social Welfare is mandated to provide and two of such services are the Hospital Welfare Services and the Prisons Social Work. These services are not very known by many members of the society and hence not many can access the services unless they are referred. b. Ask the group of participants present to show by hand those who know about the hospital welfare service. Note that if this group is made up of only social welfare officers then you would get a great number of them raising their hands. c. Back into their 5 groups, ask participants to discuss and come up with answers for these questions with examples and case scenarios • Who is a hospital social worker? • Do all the hospitals in Ghana have hospital social welfare units? If not all hospitals have hospital social welfare units, which of them have • What Does a Hospital Social Worker Do (their key functions/roles) and why are hospital social workers important? d. Allow the groups about 20mins to discuss the three questions and let everyone of the groups present their answers afterwards.
146 https://www.psychologyschoolguide.net/social-work-careers/hospital-social-work-careers/ (Accessed on 25th September 2019) 147 Social Welfare and Community Development Training Manual, 2014, Local Government Service
Social Welfare | Part Two 356 Part 2: Social Welfare e. Use the information in the Facilitators’’ Notes 2.7.4 - Hospital Welfare Services by Social Workers to guide the discussions after the group presentations. Remind the participants of the background of Hospital social work in Ghana and use the Profile of Social Welfare Unit of the Komfo Anokye Teaching Hospital as a Case Study. f. Ask participants to mention some of the key roles social workers play in the Psychiatric Hospitals (use the information below as a guide and conclude the discussions on the session by summarizing the key roles of Hospital Social workers as listed in the text below. g. Allow participants to revert into their groups and give them the Handout Notes 2.7.4 - Prisons Social Work. Give them about 10 minutes to read and ask each group to present on the content of the handout. Allow for questions and contributions with examples after every group’s presentation and conclude discussions on the session.
The roles of the Social Worker in the Hospital include: • Collecting and analysing patient information to help other health professionals understand the needs of patients and their families. • Making referrals to rehabilitation and long term care facilities • Providing psychosocial assistance to patients and their families who are coping with the many problems that accompany illness or inhibit recovery and rehabilitation, such as economic need, disability, and lack of resources after discharge to home • Coordinating services for home care and equipment following discharge • In/outpatient settings – medical social workers provide referral services, supportive counselling, and coordinate after care and follow up services. • Functioning as part of an interdisciplinary team - work with professionals of other disciplines (such as medicine, nursing, physical, occupational, speech and recreational therapists, etc.) • Medical social workers also play a critical role in the area of discharge planning - collaborate in the development of a discharge plan that will meet the patient’s needs and allow the patient to leave the hospital in a timely manner because of problems of resources.
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Facilitators’ Notes 2.7.4 - Hospital Welfare Services by Social Workers Many people are confronted with many social problems that result in different levels of stress that can affect their wellbeing by causing disease, and even sustaining ailments. That is why some people might not respond to medical treatment. The social worker is expected to look into what social problem the patient is having so that he/she could be helped to solve that problem and respond to medical treatment. i. Who is a Hospital Social Worker? A hospital social worker serves to assist patients in dealing with the sometimes-overwhelming effects of hospitalization. Patients and families of patients are often under a lot ofemotional pressure and financial stress due to illness or injury. Additionally, there are needs to be addressed after the patient is discharged, like the need for home-based care and rehabilitative services. Hospital social workers help patients meet all of these needs by providing training, resources, and other support. In other words, a hospital social worker helps patients and their families navigate the process of illness and injury, from hospitalization to recovery. ii. What Does a Hospital Social Worker Do? On a very basic level, hospital social workers act as liaisons for patients such that the patient and their family can better navigate the health care system, which can sometimes be quite confusing. In that regard, hospital social workers are a primary point of contact for patients and their families about policies, procedures, and services both in the hospital and after the patient’s release. Sometimes, hospital social workers even serve as a resource about the illness or injury itself. For example, in larger medical facilities, hospital social workers might specialize in working with a specific population, like patients that have cancer, or they might specialize in a certain department, like the emergency room. Beyond providing information to patients and their families, hospital social workers provide emotional support during times of crisis. As an example, a hospital social worker might be on hand to meet with a family after learning that their loved one has been diagnosed with a life- threatening condition. In that capacity, the social worker might offer therapeutic treatments, such as psychotherapy, to help the family work through the emotions they feel. Hospital social workers also work directly with patients in a variety of capacities. They might conduct a psychosocial assessment of the patient upon admittance to the facility. They might also work with a patient that is soon to be discharged on the types of aftercare that are available to them and how to procure such services. Another critical component of a hospital social worker’s duties is to help educate other health care professionals about underlying issues they might encounter with their patients. For example, social workers might conduct trainings for hospital staff so they are better equipped to recognize
Social Welfare | Part Two 358 Part 2: Social Welfare issues like anxiety or depression that might present themselves in patients that have serious health issues as well. There is also a large advocacy component to this career. Hospital social workers don’t just advocate on behalf of patients while they’re in the hospital. Instead, they work closely with the medical team, family, and community stakeholders to ensure each patient has the support system they need to recover from their illness or injury. That might involve working with agencies that fund home-health care services, contacting insurance companies to get coverage for prescriptions, arranging outpatient treatments, or working on health care policy to protect the health care rights of all patients. iii. Background Information of Hospital Welfare Services in Ghana148 Hospital welfare services started as the Almoner’s Department in 1952. The Almoner’s Department began to function for the first time in the Mental Hospital and the then Gold Coast Hospital, Korle- Bu. It found itself administratively as part and parcel of the medical department, but it was partly dependent on the Department of Social Welfare and Community Development for staff training and financing of some of its work.
This service was headed by an English trained Almoner and two African Assistants with no previous experience of hospital work but with a local training in general elementary social work. This new department was soon renamed Hospital Welfare Services and the title Head Almoner designated to Chief Hospital Welfare Officer. A policy was pursued of asking both medical officers and sisters to refer any patient who seemed to have problems other than their physical illness to that unit. In 1961, the hospital welfare staff was absorbed in the service of the Department of Social Welfare and Community Development as an adjunct of its Welfare Division. iv. Profile of Social Welfare Unit of the Komfo Anokye Teaching Hospital (A case Study) Social Welfare Services commenced operation in the then Kumasi Central Hospital, now Komfo Anokye Teaching Hospital (KATH), in November, 1955 after three years of operation in the Mental Hospital and the Korle Bu Teaching Hospital. The unit was previously staffed by the Department of Social Welfare, Kumasi. Over the years, management of KATH realized the increasing workload on the unit and the need for extra staff. Since, January 2008, KATH management has been recruiting additional staff to support the existing staff from the Department of Social Welfare in Kumasi. The Social Welfare Unit of Komfo Anokye Teaching Hospital seeks to improve the psychosocial wellbeing of patients and other health workers in the hospital setting. With the Mission of “Working in partnership with other health workers to improve the overall health and wellbeing of patients”,
148 http://www.kathhsp.org/units/social-welfare-2/ (Accessed on 26th September 2019)
Part Two | Social Welfare 359 Part 2: Social Welfare the Objective of the Unit is to assist or help meet the socio-psychological needs of our clientele (patients and other health workers) within the hospital setting and the Vision is to take the lead in integrating disadvantaged people into the mainstream of development. v. Key Functions and Services • Develop strategies to reduce patient length of stay after discharge • Advocate medical care for patients to aid in treatment • Develop, monitor and evaluate policies on patients’ treatment and care plan • Plan and coordinate patient care and rehabilitation (where necessary) • Identify environmental impediments to patients’ treatment and develop strategies to curtail them • Assess and evaluate patients’ needs through psychosocial investigations for purposes of diagnosis, treatment, waiver of medical bills or prevention of reoccurrence of illness. • Investigate issues of child abuse, domestic violence and neglect which result in health problems and make appropriate recommendations. • Trace and re-unite families with patients who are admitted as ‘unknown’. • Refer clients to appropriate institutions for further management and to provide assistance to: • Patients who cannot pay their medical bills or afford treatment. • Patients requiring emergency treatment whose relatives cannot be immediately known. • Abandoned babies by recommending them for protective temporary shelter • Provide counselling services for individuals and/or with families on: • Recovering from illness and post discharge care • Overcoming alcoholism and drug dependency and adjusting to life • Social consequences of HIV/AIDS and chronic illnesses • Registering for National Health Insurance • Accepting medical treatment irrespective of cultural or religious beliefs. Staff under this unit are assigned to all the clinical directorates within the hospital from where they perform their duties. Although performing similar tasks, each clinical directorate may have peculiar needs for its patients reliant on the kind of cases they admit or manage. vi. Psychiatric Social Work Social workers are found in the psychiatric hospitals and their roles include the following: • Complete intake and admission screenings.
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• Perform a thorough psychosocial assessment. • Participate in the development of a treatment plan. • Work closely with multi-disciplinary team to ensure continuity of care. • Provide patient and family education, support, and advocacy. • Provide individual treatment, family therapy, group therapy, parental and marriage counselling. • Provide discharge and aftercare planning. Make referrals for case management services as needed. • Complete documentation according to standards and within time limits. Assist with commitment hearing as needed.
Handout Notes 2.7.4 - Prisons Social Work149
At the very core of social work is the principle that every human being has inherent dignity and worth, and that everyone, regardless of ethnicity, creed or social class should be treated in a caring, respectful manner and have access to basic human needs and services150.Working as a social worker in prisons and the correctional system at-large is challenging - one that is critical to the pursuit of prisoner rehabilitation, prison reform and reduced incarceration rates. Social Work Professionals have the opportunity to play an important role in all aspects of correctional policy and operations, including: • entry and re-release into society, • monitoring prison practices and conditions, • family services, • mental health and substance abuse counselling, • probation management, • job and life skills training, • and implementing educational programmes. In Ghana like many other countries, when prisoners (adults) come out, they are faced with these major problems:
149 Social Welfare and Community Development Training Manual, 2014, Local Government Service 150 National Association of Social Workers, “Code of Ethics.” http://www.socialworkers.org/pubs/code/code.asp
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• Economic - Prison regulation in Ghana requires that when a prisoner is discharged he is to be sent to the place of conviction. Prisoners become stranded at their place of conviction. They have no provision for food, shelter etc. One way of softening this problem is to go to colleagues who have been discharged already and associate with them. In Ghana, the Department of Social Welfare is responsible for taking care of the prisoners by providing clothing, pocket money, tools etc. Work: In order for the ex-convict to look after themselves (and perhaps their families) they need to work; however in the prisons they are not taught how to look for a job. Even if they try and succeed, they are rejected because they are ex-convicts. Society has realized that it is its duty to search for jobs for prisoners. Shelter: This is very difficult for one who has spent long time in jail to trace his home. • Psychological: Anywhere a prisoner or ex-convict passes he is met with distress and sentiments. Married men find that their wives have deserted them. They find it difficult to be accepted by society. Society has now realized that sending a person to prison is not enough and the test of imprisonment depends upon how the person reintegrates or rehabilitates himself into society after release. Majority of prisoners maintain that their real punishment begins after they have been released; because in the prison they understand that because of their misbehaviour society has rejected them. They believe that after serving their sentences society will receive them back. But their expectations are found to be misguided. This is because they discover that society‘s rejection continues after serving sentences and returning to society. The main focus of jail/prison social workers is on rehabilitation. Jail/prison social workers try to help inmates rehabilitate in a number of ways. They perform assessments to determine an inmate’s current level of functioning and evaluate the presence of mental health or substance abuse disorders. Professional social work can deal with the prisoners’ needs for legal service, psycho-social satisfaction and rehabilitation after release from prison. Under-trials in prison need legal assistance for getting bail and convicts need it in the matter of parole and furlough. Psycho- social needs of the prisoners include emotional satisfaction and maintenance of relationship with family members Part of helping prisoners rehabilitate and prepare to re-enter society means working closely with them (and often their family members) to develop “action plans” based on their needs and future goals. Social workers may conduct assessments during the intake process to determine a prisoner’s mental health and help identify substance abuse disorders. Through group and/or one-on-one rehabilitation activities, prison social workers play an active role in helping shape an inmate’s life both in and outside of incarceration. Helping them maintain family ties is a critical part of the rehabilitation process and can contribute to preventing recidivism and intergenerational crime. Inmates with children may require a social worker to advocate on their behalf, and on behalf of their children when it comes to visitation. Parenting programmes and marriage education programmes play big roles in helping inmates get ready to resume their spousal and parenting responsibilities when their sentences are over.
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Social workers are key advocates of prison programmes like these. Beyond the prison walls, social workers may help families of incarcerated individuals find local community resources to help them through financial and emotional hardships. In terms of work environment, jails and prisons are the two most prevalent correctional facilities for adults. However, persons convicted of committing a crime may also be housed in juvenile- detention facilities (for juvenile offenders), military prisons, immigration-detention and civil- commitment centres (used to house mentally ill inmates). Social workers can also support the correctional system through employment with courts, serving as expert witnesses or collaborating with attorneys on relevant cases. Through meaningful rehabilitation and improved prison practices, the social work corrections community aims to reduce the chances of recidivism and help offenders become contributing members of society.
How Society Solves its Problems with Prisoners: • Institution or After Care Agency: After care begins immediately after a person has been arrested and remanded in police custody or prison. Firstly, the After Care Agent is to interview and even find surety for him/her as his/her people may not know that he/she has been arrested. The After Care Agent has to arrange for his/her salary to be collected. Before release the After Care Agent should interview him/her to find a job which he/she prefers, where he/she wants to stay. After the arrangements are made the person is granted leave to go and try if the arrangements are suitable. • Another modern trend is what is known as half houses or homes. It is organized between the prison and civil society. The function of the organization is to find accommodation for persons who are about to be discharged. It does not take more than 20 persons at a time. Residents include parolee and few probationers. These needed to be introduced into conventional society gradually so they do not pay for boarding and lodging. They are given tickets which could be used in travelling about, buy food in restaurants. When they are successful in finding jobs they stay there and go to work. When they get a job they pay for their feeding and rent to learn to be self-reliant. They are not supposed to make the place their permanent abode; since they are not to stay there for more than 12 months. While there, they are engaged in group therapy. In the evening they all meet together and discuss their various problems which led them into prison. • Another organization tries to help discharged prisoners. This is called Community Based Service. All resources of Community in which a person is to live are used to help him/her overcome initial problems. Another name for it is Community Treatment Centres. The functions are; a. To provide some continuity with education training programme begun in the institution. b. To enable the released prisoner to obtain adequate employment c. It helps the discharged inmate by providing the necessary resources to help in his initial resettlement to readjust himself after his release.
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• Work Release Programme - This programme allows persons who have been convicted and sentenced to various forms of imprisonment to continue with their jobs. The prisoner is released during the day to go and work and return in the night to sleep in the prison. Their incomes are controlled. Part is used on their boarding and lodging; part is saved for them and part for their dependants, wives etc. In the Scandinavian countries, in order to avoid prisonization, those sentenced to short term stay in their homes during the week and spend weekends in prison. This is to help one maintain roles in society. Those sentenced to prison and made to work are paid full wages in their colonies for about 3 months and finally released.
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Session 5: Services and Care for the Aged
Ghanaians are living longer. The proportion of the population older than 60 is estimated to reach 12% in 2050, from close to 7% in 2010. Despite the increasing older adult population, the social and health care needs of this segment of the population have not received the attention it deserves151. The Department of Social welfare works with the elderly to promote their interest and well-being. Low literacy levels, ignorance about rights and responsibilities, harmful socio-cultural beliefs and attitudes, inappropriate living environment and inadequate retirement pension, inadequate access to information about existing projects and modalities for accessing them predisposes the older people to different forms of vulnerability. The health problems of older adults are usually compounded by financial, legal, emotional, familial or ethical issues. Maintaining good health is consistently ranked by older adults among their three priorities, and independent functioning is extremely important to most of them. The social welfare works with them in addressing these needs and this is the focus of discussions for this session.
Facilitators’ Action a. Begin the session by stating that in Ghana, as in most LMICs, the growth in the ageing population is outpacing socioeconomic development. In addition, the growth in the ageing population is progressing rapidly in Ghana at a time when it still has a large population of young people. Ghanaians are living longer. The proportion of the population older than 60 is estimated to reach 12% in 2050, from close to 7% in 2010. The number of older people in Ghana has increased more than seven-fold from 213 477 in the 1960 census to 1, 643, 381 in the 2010 census. Include that the health problems of older adults are usually compounded by financial, legal, emotional, familial or ethical issues. Maintaining good health is consistently ranked by older adults among their three priorities, and independent functioning is extremely important to most of them. The social welfare works with them in addressing these needs and this is the focus of discussions for this session. b. Use the key information presented in the Facilitators’ Notes 2.7.5 - Services and Care for the Aged in Ghana to moderate discussions with the participants on the following issues allowing for questions and contributions with examples and case scenarios. • The importance of the aged population in the society • Situation of the ageing population in Ghana • Rights of the Aged and Older Persons in Ghana as spelt out in the Aged Policy • Independence • Active Participation in Society 151 Study on global AGEing and adult health (SAGE) Wave 1, The Ghana National Report, July 2013, University of Ghana Medical School, Department of Community Health
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• Benefit from Community Support and Care • Dignity, Security and Freedom from Exploitation • Self-Fulfilment in Pursuit of Educational and other Opportunities • The Objectives of the Policy • The policies and strategies to be promoted and pursued to improve the living standards of older persons in Ghana • Institutional Framework for Policy Implementation – Roles to be played by the Department of Social Welfare (DSW), the Ministry of Local Government and Rural Development (MLGRD), Ministry of Health and the Ghana Health Service, National Pension Regulatory Authority c. Conclude the session by asking participants to mention some of the Programmes and Interventions being implemented to improve the lives of the aged in Ghana.
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Facilitators’ Notes 2.7.5 - Services and Care for the Aged in Ghana152
Ageing as a policy issue received international recognition at the first World Assembly on Ageing held in Vienna, Austria in 1982 to address ageing concerns and its implications for national development. Since then several ageing-related conferences have been held including the 1984 International Conference on Population and Development, The Second World Assembly on Ageing held in Madrid in 2002, the Twenty Second Ordinary Session of the OAU Labour and Social Affairs Commission held in Windhoek, Namibia in 1999, the Expert Meeting hosted by the African Union (AU) in 2000, the 38th Session of Heads of State and Government held in Durban, South Africa in 2002. At these and other conferences national Governments committed themselves to initiate policy interventions to address the challenges of older persons. i. The importance of the aged population in the society Today’s generation owes it as a duty to honour and guarantee better living conditions for our older persons. We need to recognize that the society in which we live today has been built thanks to the efforts and toil of previous generations some of who live with us and defined as older persons. We must make the effort to provide them with efficient health care services and conducive living environment to ensure that they age actively and with adequate security and recognizable dignity. While recognizing the seemingly negative impact of ageing on the economy, it is also necessary to recognize that ageing does have some positive influence on national development if properly planned. Older persons in Ghana contribute immensely to the development of the country especially in areas such as transfer of knowledge, skills, and expertise to younger ones and provide historical facts which help to enrich national debates and shape history. Traditionally older persons act as master craftsmen, handle arbitrations and settle disputes in the communities. Through these activities they reduce the level of social unrest, civil strife and encourage community development. In recognition of these and to harness their experience and also to provide a better living condition for older persons it is important that government institutes appropriate policies and programmes that would provide support while utilizing the rich resource base of older persons towards national development. Older persons in so many other ways help to foster national and community cohesion. They also often serve as reliable custodians of tradition and custom. It is important therefore to develop interventions to ensure change in attitudes, policies and practices at all levels in all sectors to address concerns of ageing and promote the positive contribution of older persons in our society153. Ghana, like many other countries, is experiencing a demographic transition with its ageing population. The Government of Ghana approved a National Ageing Policy (Ageing with Security
152 National Ageing Policy, ‘Ageing with Security and Dignity’, July 2010, Ministry of Employment and Social Welfare 153 ibid
Part Two | Social Welfare 367 Part 2: Social Welfare and Dignity) in October 2010, which, together with an Implementation Action Plan, was launched in December 2011. The Policy stipulated the creation of a coordinating institution, called the National Council on Ageing, to oversee the implementation of the Policy. Ghana’s Ministries, Metropolitan and District Assemblies (MMDAs) were then supposed to integrate the draft Implementation Action Plan into their own programmes and develop sectoral action plans. The policy presents a framework that is capable of transforming and improving the lives of older persons in our society. Our shared vision as Ghanaians is to achieve the overall social, economic and cultural re-integration of older persons into mainstream society, and to enable them as far as practicable to participate fully in the national development process. ii. Situation of the ageing population in Ghana154,155 In Ghana, as in most LMICs, the growth in the ageing population is outpacing socioeconomic development. In addition, the growth in the ageing population is progressing rapidly in Ghana at a time when it still has a large population of young people. The number of older people in Ghana has increased more than seven-fold from 213 477 in the 1960 census to 1, 643, 381 in the 2010 census. In 2010, 6.7% of Ghana’s population was aged 60 or over. A higher proportion of women than men are living to be age 70 and over, resulting in a larger population of older females. A large nationwide comprehensive study (Study on global AGEing and adult health SAGE) on health of the older adults conducted in 2007 involved 4,307 respondents with the support of the World Health Organization (WHO) and other partners. The study also examined risk behaviour (alcohol, tobacco, and indoor air pollution), access to water and sanitation, self-reported current overall health status and past medical history, and objectively measured health status. The survey also investigated access to needed care, utilization of outpatient and inpatient care, health insurance coverage, household health care expenditure and the responsiveness of the health care system. Ghana’s SAGE study showed that 59% of the older population lived in rural areas. While 83.6% of men were married, compared to around 30.1% of women, nearly half of the women were widowed, compared to 6.5% of the men; possibly the result of higher female life expectancy. Also, men tended to marry younger women and a higher proportion of widowed men remarried, even at an advanced age. With respect to education, the SAGE study found that 43.4% of older men lacked any formal education compared to about 65% of women. At higher levels of education, 4.8% of men had completed college/university compared with 1.9% of women. Among people aged 60 years and over, 95% of females and 91% of males were affiliated to a religion. Churches, mosques and other religious institutions and organizations offered social protection to them and their families, while they were able to improve their social lives through the networks and interactions of others who share the same faith.
154 Study on global AGEing and adult health (SAGE) Wave 1, The Ghana National Report, July 2013, University of Ghana Medical School, Department of Community Health 155 Ghana country assessment report on ageing and health, World Health Organization 2014
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Overall, only about a quarter of persons in enumerated households had health insurance cover. A significant proportion of respondents were probably poor – 59% were rural residents, 26% were widowed, 29% were currently not working and 37% were in the lowest or poorest two income quintiles. The main reasons for discontinuation of work were health problems and old age. Rural and poor households were the most likely to agree that health expenditures have made them poorer. A report based on a qualitative study conducted in Accra involving both older people and health- care professionals indicated several areas requiring attention to improve the care of older people (WHO, undated). These included the following: Social issues: • lack of family care and attention; • neglect/dumping of ill/older person in hospital by family members; • poverty/financial constraints making medication unaffordable; • waiting until too ill to seek care. iii. Rights of the Aged and Older Persons in Ghana The Ghanaian Government has accepted a Constitution Review Commission recommendation that “the right of the elderly to live in dignity, free from abuse” be guaranteed in the constitution (UNFPA, 2012). The Government of Ghana developed the National Ageing Policy taking into account the guiding principles and priority directions of the Madrid International Plan of Action on Ageing as well as the African Union Policy Framework and Plan of Action on Ageing. The overarching goal of the national ageing policy is to achieve the overall social, economic and cultural re-integration of older persons into mainstream society, to enable them, as far as practicable, to participate fully in the national development process. In the pursuit of this goal full recognition will be given to their fundamental human rights including the right to independence, active participation in society, benefit from community support and care, self-fulfilment in pursuit of educational and other opportunities and dignity, security and freedom from exploitation. In the pursuance of this goal and to enable older persons in Ghana participate fully in national development, social life recognition will be given to their fundamental human rights and opportunities provided to enable them enjoy these rights including their rights to:
Independence Older Persons are entitled to retain their personal autonomy and particularly have access to food, water, shelter, clothing, healthcare, education, training, work and other income generating activities and live in a decent and safe environment.
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Active Participation in Society Older Persons are entitled and have a duty to participate in the affairs of society. They have the duty to plan for their retirement, to share the knowledge and skills with others and to remain active in society.
Benefit from Community Support and Care Older Persons are entitled to reasonable care and assistance of family and state. They are entitled to access to social services particularly health care to maintain optimum levels of physical, mental and emotional well-being.
Self-Fulfilment in Pursuit of Educational and other Opportunities Older Persons are entitled to and have a duty to pursue their personal development. They are also entitled to access educational, cultural, recreational resources and the ability to develop themselves to their full potential.
Dignity, Security and Freedom from Exploitation Older Persons are entitled to live with dignity, respect and be free from all forms of exploitation, discrimination or abuse. iv. The Legal Framework and Application of Standards There are several national and international instruments and United Nations Conventions that seek to protect the rights of older persons. Some of the international instruments and United Nations Conventions that seek to protect the rights of older persons include: • African Union Policy Framework and Plan of Action on • Ageing – 2002 • The second world Assembly on Ageing and MIPA on Ageing – 2002 • UN Plan of Action on Ageing – 1982 • UN Principles for Older Persons – 1991 • UN Proclamation on Ageing – 1992 In addition, there are also non-age specific instruments that provide some protection to older persons. National laws and development policies that seek to protect older persons in Ghana include: • The 1992 Constitution of the Republic of Ghana • National Social Protection Strategy
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• National Social Protection Policy • Persons with Disability Act, 2006 (Act 715) Apart from these there are several other relevant domestic legislation and policies which provide support to older persons. v. The Objectives of the Policy The main objectives of the National Ageing policy are therefore to: a) Fully realize all human rights and fundamental freedoms of all older persons; b) Achieve secure ageing, which involves reaffirming the goal of eradicating poverty in old age and building on the United Nations Principles for older persons; c) Empower older persons to fully and effectively participate in the economic, social and political lives of their societies, including through income-generating and voluntary work; d) Provide opportunities for individual development, self-fulfilment and well-being throughout life as well as in late life, through, for example, access to lifelong learning and participation in the community while recognizing that older persons are not one homogeneous group; e) Ensure the full enjoyment of economic, social and cultural rights, and civil and political rights of persons and the elimination of all forms of violence and discrimination against older persons; f) Ensure commitment to gender equality among older persons through, inter alia, gender-based discrimination; g) Recognise the cultural importance of families, intergenerational interdependence, solidarity and reciprocity for social development; h) Provide health care, support and social protection for older persons including preventive and rehabilitative health care; i) Facilitate partnership between all levels of government, civil society, and private sector and older persons themselves in translating the International Plan of Action into practical action; j) Harness scientific research, expertise and the potential of technology to address individual and societal health implications of ageing k) Empower older persons to effectively participate in making decisions that directly affect them vi. The policies and strategies that will be promoted and pursued by government to improve the living standards of older persons in Ghana will include: • Upholding the Fundamental Human Rights of Older Persons • Ensuring Active Participation of Older Persons in Society and Development • Reducing Poverty among Older Persons
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• Improving Health, Nutrition and Well-Being of Older Persons • Improving Housing and Living Environment of Older Persons • Strengthening the Family and Community to Provide Support to Older Persons • Improving Income Security and Enhanced Social Welfare for Older persons • Providing Adequate Attention to Gender Variations in Ageing • Strengthening Research, Information Gathering and Processing, and Coordination and Management of Data on Older Persons • Enhancing Capacity to Formulate, Implement, Monitor and Evaluate Policies on Ageing • Improving Financing Strategies to Ensure Sustainability of Implementation of Policies and Programmes of Older people vii. Institutional Framework for Policy Implementation The Department of Social Welfare (DSW) will serve as the main focal institution for implementation, monitoring and evaluation of the national ageing policy. The effective discharge of this responsibility will require close collaboration with all key secondary stakeholders including MDAs, private sector, NGOs and civil society organizations, academic and research institutions, the media and development partners. The DSW will establish an effective coordinating mechanism that facilitates durable partnerships with national and international stakeholders to explore and utilize best practices in the implementation, monitoring and evaluation of ageing policies. The department will accordingly be restructured to ensure that adequate structures, management and operational systems and processes are improved to support the design, implementation, monitoring and evaluation of programmes on older persons. The DSW will establish national implementation standards and work closely with district assemblies to deliver quality services to older persons in districts and communities.
The Ministry of Local Government and Rural Development(MLGRD) Is to ensure that Metropolitan, Municipal and District Assemblies (MMDAs) take appropriate measures to implement the various relevant policy interventions on older persons. The implementation of the policy will be decentralised and the DSW in MMDAs will serve as the local focal implementing institution. Specifically, the Ministry will ensure that development activities and investments of MMDAs make adequate provisions for addressing issues of older persons. The MMDAs will establish effective community structures to take care of issues of older persons including healthcare, living environment, recreation, voluntary work, paid employment and protection during emergencies. The Ministry will further ensure that the transformation of rural infrastructure including buildings, roads, public places of convenience, hospitals and clinics, etc. takes account of issues of accessibility by older persons including those with disability.
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Ministry of Health and the Ghana Health Service The Ministry of health will be responsible for formulating health and nutrition policies in support of active ageing. Thus, the ministry will play a pivotal role in the implementation of the national ageing policy. Specifically, the ministry will ensure that health policy continues to recognise health as a basic human right and creates appropriate mechanisms through the Ghana Health service for older persons to have access. The ministry will also ensure that policies are in place to facilitate the training of adequate health care personnel especially in geriatrics and gerontology to provide sufficient health care services to older persons. Policies will also be formulated to strengthen the traditional health care system and encourage the positive role older people play in providing traditional health care services to families and communities. The institutional and human resource capacity of the Ghana Health Service will be strengthened to enable it implement soundly these policies so that older people in Ghana will age with dignity and self-fulfilment.
National Pension Regulatory Authority The National Pension Regulatory Authority (NPRA) will be strengthened to provide adequate capacity for coordination and overseeing the implementation of the new three-tier pension scheme. A well-managed pension scheme can help achieve significant progress in: reducing the number of people living below a dollar a day; reducing the poverty gap ratio; delivering on the human rights of older people and supporting their contribution to development; stimulating local economies and promoting economic growth; increasing the social, health and nutritional status of older persons; supporting social cohesion and household income; and improving the life chances of vulnerable older persons, children and orphans. The Authority will be provided with adequate human resources and the required institutional structures and systems to ensure the effective implementation of the national pension policy and to ensure that both public and private pension schemes work effectively in support of retirement, old age and active ageing. viii. Programmes and Interventions for the aged in Ghana156 Some modest progress made in promoting the welfare of older persons in Ghana include: • A focal desk on Elderly Persons has been created to coordinate activities on elderly persons and to ensure the full implementation of the National Ageing Policy, the statement noted. • An Advisory Committee on Ageing has been established which developed drafting instructions for the Attorney General’s Office to initiate the drafting of an Act for the Aged, giving legal backing for the implementation of pro-elderly interventions and also establish a council to manage the affairs of the aged.
156 http://mogcsp.gov.gh/index.php/projects/programmes-and-interventions-for-the-aged-ghana/ (Accessed on 27th September 2019)
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• A Memorandum of Understanding (MoU) has also been signed between Ghana and Aahus Social Health Care College of Denmark to support the introduction and mainstreaming of geriatrics at the various health training schools in Ghana as well as health care delivery system. • As part of efforts to deal with the abuse and discrimination against older persons and older women in particular, there has been the closing down of a witch’s camp with older women and the reintegration of the inmates into the society. • There is free Biometric registration of the elderly 65 years and above unto the Ghana National Health Insurance Scheme with over 11,000 elderly women and men 65 years and above freely registered for the biometric ID card of the National Health Insurance Scheme since 2014. Beneficiaries were selected from 10 communities in two Regions (Greater Accra and the Central Region). • The introduction of the “EBAN ELDERLY WELFARE ID CARD” - This card was launched in January, 2015 to facilitate easy access by the elderly 65+ to public services. (Eban is a Traditional Ghanaian symbol for Fence which literally means defence, protection and love). The Eban Card is in adherence to the 3rd Pillar of the Madrid International Plan of Action on Ageing, which ensures enabling and supportive environments for the aged and is with the support of the United Nations Population Fund. The Elderly using the Eban welfare cards will receive priority access for service at the Banks, Hospitals and other public services and 50% rebate on bus fare for Eban card holders on the Metro Mass Transit Bus to any destination in Ghana. It is expected that over 25,000 elderly will be issued with the ID card at the initial nationwide roll-out phase, a total of 9,526 have been issued with the card already. • The Ministry of Gender, Children and Social Protection has announced that it will soon extend the Eban elderly welfare card project to the Northern, Upper East and Upper West regions to benefit the aged.
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Session 6: Care for Street Children, the Needy, Poor and Vulnerable
The term “street children” is used for those children for whom the street is a reference point and has a central role in their lives (UNICEF CRC, Article 1). The phenomenon of street children is becoming a global one, and street children are now often part of the urban scene in African countries. Within Ghana, it is estimated that there are around 90 000 street children in the Greater Accra region alone (Department of Social Welfare 2016 Report, page 1). Most of these children come from homes that have financial difficulties. Several social intervention programmes, have been implemented with the aim of alleviating poverty among the vulnerable population. In this session the participants would look at the situation of street children in Ghana (using data on street children in the Greater Accra Region), discuss the provisions made in the laws and policies in Ghana and at the global level for the care of street children as well as efforts being made by the country to reduce poverty and take care of the vulnerable in society.
Facilitators’ Action a. Begin the session by stating that the phenomenon of street children is becoming a global one, and street children are now often part of the urban scene in African countries. According to the 2016 Report of the Department of Social Welfare, within Ghana, it is estimated that there are around 90,000 street children in the Greater Accra Region alone. Most of these children come from homes that have financial difficulties. Inform them that the focus for discussions for this session would be the situation of street children in Ghana, the provisions made in the laws and policies in Ghana and at the global level for the care of street children as well as efforts being made by the country to reduce poverty and take care of the vulnerable in society. b. Ask them to return to their 5 groups in order to discuss and come up with answers for the following with examples and case scenarios. • What is the definition of “Street Children” (they should state their source) and the different categories of Street Children we find in Ghana? • According to Section 18 of the Children’s Act, 1998 (Act 560) who are children in need of care and protection (can street children be categorized as such?) • What are the common types of health problems among Street Children? • What are the provisions made in the Laws and Policies of Ghana for Street Children? • What are the provisions made in the CRC for Street Children? • What role does the Department of Social Welfare play in the care for street children? c. Allow the groups about 20mins for their discussions after which every group should be given the opportunity to present their answers with examples at plenary. d. Use the key information presented in the Facilitators’ Notes 2.7.6 - Care for Street Children,
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the Poor and Vulnerable in Ghana to guide the discussions after presentations from all the 5 groups. Remember to emphasize the statistics listed in “Situation of Street Children in the Greater Accra Region of Ghana”, the provisions made in the laws and policies of Ghana and in the CRC for Street Children. e. Continue the discussion by stating that according to the Round 7 of Ghana Living Standards Survey more Ghanaians are living in extreme poverty (people unable to meet their basic food needs): the number of people living in extreme poverty increased from 2.2 million in 2013 to 2.4 million in 2017, based on the 2010 projections. Ask them to mention some of the measures put in place in ensuring fair and balanced allocation of national resources across ecological zones, gender, income and socio-economic groups. Use the points presented in the facilitators’ notes on Care for the Poor, Needy and vulnerable in Ghana to guide the answers by the participants and remind them of the interventions under the SP Module. f. Conclude the session by stating that much needs to be done if the country has to achieve the Sustainable Development Goal (SDG) on ending poverty in all its forms by 2030.
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Facilitators’ Notes 2.7.6 - Care for Street Children, the Poor and Vulnerable in Ghana
Street children are children who are under 18 years who are born on the street and live with parent(s) on the streets, migrated to the street or urban poor children or Street mothers who survive working in the street157. Street Children in search for money are either from poor homes or they left home due to family breakdown or other causes to fend for themselves on the street. i. Situation of Street Children in the Greater Accra Region of Ghana158 A Census on Street Children in the metropolitan, municipal and district assemblies of the Greater Accra Region was carried out by the Department of Social Welfare (DSW) of the Government of Ghana and Ricerca e Cooperazione (RC), an Italian NGO, within the project ‘lmprovement of the Living Standards of Street Children and Street Mothers in Greater Accra’ (in collaboration with two local NGOs: Catholic Action for Street Children (CAS) and Street Girls Aid). The main objective of the Census was to create a database on Street Children that could be used as a platform to enable Government to design relevant policies and spearhead the delivery of services in partnership with NGOs, Civil Society Organisations (CSOs), Community Based Organisations (CBOs), families, communities and other stakeholders, to prevent and/or greatly reduce the phenomenon of Street Children in Ghana. A total of 61,492 Street Children were counted and their ages ranged from less than one year, to less than 18 years. The proportion of girls to boys in the sample was approximately 59% to 41% respectively who were aged mostly between 10 and 18 years, with some being younger than 10 years. The different categories of Street Children contacted included those born on the street (5.l% of the sample); Migrant Children (76.9%); Urban Poor (18%); and Street Mothers (0.08%). The Census indicated that 28.53% were from the Northern Region; 19.8% from the Greater Accra Region; 10.26% from the Volta Region; 7.53% from the Upper East Region; 7.37% from the Eastern Region; 6.99% from the Ashanti Region; 6% from the Central Region; 4.5% from the Upper West Region; 2.85% from the Brong Ahafo Region; 2.38% from the Western Region; and 3.06% were nationals of other countries. Several factors account for the issue of Street Children in Ghana. The findings indicated that search for money (86.8%) appears to be the leading cause. The search for job opportunities ranked second, with 6.4%; parental divorce ranked third, with 4%; and death of parent(s) accounted for 2.8% of the reason for the Street Children phenomenon. The common types of health problems among the Street Children included malaria, fever, cold, rashes, infection, and headache. About 68.4% of the Street Children had had a malaria attack in the last two months prior to the Census. About 13.6% of them complained of rashes, 7.7% of
157 Census on Street Children in Greater Accra, Ghana, 2011, Department of Social Welfare, Ricerca e Cooperazione, Catholic Action for Street Children and Street Girls Aid 158 ibid
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Provisions and in the Child and Family Welfare Policy In setting the priority areas for the Child and Family Welfare System in Ghana, that is, to have the capacity to prevent and respond to all forms of violence, abuse, neglect and exploitation of children, three areas of particular concern have been identified as priorities. The first one of these priorities to be focused on is Child Protection issues stemming out of family-related challenges, including: parental responsibility, domestic violence, and children deprived of adequate family care. The parental responsibility includes maintenance, custody and parentage issues while children deprived of adequate family care includes orphans, children in child care institutions and children living and/or working on the street. The Policy recognises children and young people as agents of change in their own capacity. The active engagement of children and young people in addressing child protection issues is strongly encouraged. Specifically Strategy 3.1 of Objective 3 of the Child and Family Welfare Policy (that focuses on Empowering Children and Young People) encourages: 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; as well as Inclusion of children’s voices in research, monitoring and assessments of chid protection issues.
Provisions in The Children’s Act, 1998 (Act 560) -
Meaning of children in need of care and protection– Section 18 (1) For purposes of this Act, a child is in need of care and protection if the child – (d) is destitute; (f) is wandering and has no home or settled place of abode or visible means of subsistence; (g) is begging or receiving alms, whether or not there is any pretence of singing, playing, performing, offering anything for sale or otherwise, or is found in any street, premises or place for the purpose of begging or receiving alms; (h) accompanies any person when that person is begging or receiving alms, whether or not there
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is any pretence of singing, playing, performing, offering anything for sale or otherwise: (n) is otherwise exposed to moral or physical danger.
Investigation by Department – Section 19 (1) If the Department has reasonable grounds to suspect child abuse or a need for care and protection, it shall direct a probation officer or social welfare officer accompanied by the police to enter and search the premises where the child is kept to investigate. (2) The Department shall direct the probation officer or the social welfare officer to refer the matter to a Child Panel established under section 27 of this Act if the child is not in immediate need of care and protection. (3) If after investigation it is determined that the child has been abused or is in need of immediate care and protection, the Department shall direct a probation officer or social welfare officer accompanied by the police to remove the child to a place of safety for a period of not more than seven days. (4) The child shall be brought before a Family Tribunal by the probation officer or social welfare officer before the expiry of the seven-day period for an order to be made. (5) Until the Family Tribunal determines the order, the Family Tribunal may commit the child to an approved residential home or to the care of a probation officer, social welfare officer or other suitable person.
Care order of Family Tribunal – Section 20 (1) A Family Tribunal may issue an order to the Department on application by a probation officer or social welfare officer under section 19(4). (2) The care order shall remove the child from a situation where he is suffering or likely to suffer significant harm and shall transfer the parental rights to the Department. (3) The probation officer or social welfare officer shall take custody of the child and shall determine the most suitable place for the child which may be – (a) an approved residential home (b) with an approved fit person; or (c) at the home of a parent, guardian or relative. (4) The maximum duration of a care order shall be three years or until the child attains eighteen years, whichever is earliest, and the Family Tribunal may make an interim order or may vary the order. (5) The Family Tribunal may make a further order that the parent, guardian or other person responsible for the child shall pay for the cost of maintaining the child. (6) A Family Tribunal shall not designate the manager of an institution as an approved fit person
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to whom the care of a child can be entrusted unless the institution is one which the Minister responsible for Social Welfare has approved by notice published in the Gazette or the institution is assigned that function by or under an Act of Parliament. iii. United Nations Convention on the Rights of the Children (CRC) - Committee on the Rights of the Child - General comment No. 21 (2017) on children in street situations
Terminology: In the past, the terms used to describe children in street situations have included “street children”, “children on the street”, “children of the street”, “runaway children”, “throwaway children”, “children living and/or working on the street”, “homeless children” and “street-connected children”. In the present general comment, the term “children in street situations” is used to comprise: (a) children who depend on the streets to live and/or work, whether alone, with peers or with family; and (b) a wider population of children who have formed strong connections with public spaces and for whom the street plays a vital role in their everyday lives and identities. This wider population includes children who periodically, but not always, live and/or work on the streets and children who do not live or work on the streets but who regularly accompany their peers, siblings or family in the streets. Concerning children in street situations, “being in public spaces” is understood to include spending a significant amount of time on streets or in street markets, public parks, public community spaces, squares and bus and train stations. It does not include public buildings such as schools, hospitals or other comparable institutions.
Key observations Children in street situations are not a homogenous group. Characteristics are diverse in terms of age, sex, ethnicity, indigenous identity, nationality, disability, sexual orientation and gender identity/expression, among others. This diversity implies different experiences, risks and needs. The nature and time spent physically on the street varies significantly from child to child, as does the nature and extent of relationships with peers, family members, community members, civil society actors and public authorities. Children engage in a range of activities in public spaces, including work, socialization, recreation/leisure, shelter, sleeping, cooking, washing and engaging in substance abuse or sexual activity. Children may engage in such activities voluntarily, through lack of viable choices or through coercion or force by other children or adults. Children may conduct these activities alone or in the company of family members, friends, acquaintances, gang members, or exploitative peers, older children and/or adults. Causes, prevalence and experiences of children in street situations differ within and between States. Inequalities based on economic status, race and gender are among the structural causes of the emergence and exclusion of children in street situations. These are exacerbated by material poverty, inadequate social protection, poorly targeted investment, corruption and fiscal (tax and expenditure) policies that reduce or eliminate the ability of poorer people to move out of poverty. Abrupt destabilization, caused by conflict, famine, epidemic, natural disaster or
Social Welfare | Part Two 380 Part 2: Social Welfare forced eviction, or events leading to displacement or forced migration, further compound the effects of structural causes. Other causes include: violence, abuse, exploitation and neglect at home or in care or educational (including religious) institutions; the death of caregivers; child relinquishment (including through HIV/AIDS); unemployment of caregivers; precarious families; family breakdown; polygamy; exclusion from education; substance abuse and mental ill-health (of children or families); intolerance and discrimination, including against children with disabilities, children accused of witchcraft, former child soldiers rejected by families and children cast out from families as a result of questioning their sexuality or identifying as lesbian, gay, bisexual, transgender, intersex or asexual; and families’ inability to accept children’s resistance to harmful practices, such as child marriage and female genital mutilation. To comply with obligations under the Convention, States are urged to adopt holistic and long- term strategies and make the necessary budget allocations for children in street situations. Strategies for children in street situations should acknowledge State and non-State actors. • States have an obligation to help parents or caregivers to secure, within their abilities and financial capacities and with respect for the evolving capacities of the child, the living conditions necessary for the child’s optimal development (arts. 5, 18 and 27). • States should also support civil society, as complementary actors, in providing personalized, specialist services for children in street situations on the basis of a child rights approach, through funding, accreditation and regulation. • The business sector must meet its responsibilities regarding children’s rights, and States should ensure it does so. Coordination is needed between State and non-State actors. States are legally obliged to ensure that non-State service providers operate in accordance with the provisions of the Convention. Within a legislative and policy framework, budgeting for, developing and strengthening holistic child protection systems, on the basis of a child rights approach, forms the basis of the practical measures required for prevention and response strategies. Such national child protection systems need to reach children in street situations and should incorporate fully the specific services they need. The systems need to provide a continuum of care across all relevant contexts, including prevention, early intervention, street outreach, helplines, drop-in centres, day-care centres, temporary residential care, family reunification, foster care, independent living or other short- or long-term care options. States should invest in good quality initial and in-service basic training on child rights, child protection and the local context of children in street situations for all professionals who may come into direct or indirect contact with children in street situations, in such areas as policymaking, law enforcement, justice, education, health, social work and psychology.
Service provision States should take action to secure the ability of children in street situations to gain access to basic services such as health and education, and to justice, culture, sport and information. States should ensure their child protection systems provide for specialized services on the street,
Part Two | Social Welfare 381 Part 2: Social Welfare involving trained social workers with good knowledge of local street connections and who can help children reconnect with family, local community services and wider society. This does not necessarily imply that children should renounce their street connections, but rather, the intervention should secure their rights. Prevention, early intervention and street-based support services are mutually reinforcing elements and provide a continuum of care within an effective long-term and holistic strategy. While States are the primary duty bearers, civil society activities may complement States’ efforts in developing and delivering innovative and personalized service provision.
Care for the Poor, Needy and vulnerable in Ghana Since 1987, the Ghana Statistical Service (GSS) has been conducting the Ghana Living Standards Survey (GLSS) with the aim of measuring the living conditions and well-being of the population. The GLSS has been useful to policy makers and other stakeholders as it provides timely and reliable information about trends in poverty and helps identify priority areas for policy interventions that aim at improving the lives of the population. It has, over the years, served as one of the primary tools used in monitoring progress on poverty reduction strategies in the country. Although Ghana has made important strides in reducing aggregate poverty levels, 2006 Ghana Living Standards Survey (GLSS) data indicated that 28.5% of the population were living below the national poverty line and that approximately 18% of Ghanaian citizens can be categorised as extremely poor (GLSS, 2006). Since that time, the Ghanaian economy has benefited from the production of crude oil in commercial quantities and strong economic growth in 2011, leading to the achievement of lower-middle-income status for the country. Economic growth decreased thereafter to a low of 3.7% in 2016 but increased in 2017. However, it remains to be seen whether this growth has benefitted all sections of society, including the poorest. In absolute terms, more Ghanaians are living in extreme poverty (people unable to meet their basic food needs): the number of people living in extreme poverty increased from 2.2 million in 2013 to 2.4 million in 2017, based on the 2010 projections159. Much needs to be done if the country has to achieve the Sustainable Development Goal (SDG) on ending poverty in all its forms by 2030. Several social intervention programmes, including the Livelihood Empowerment Against Poverty (LEAP), Capitation Grant and School Feeding Programme, and now the Free Senior High School Programme started in 2017, have been implemented with the aim of alleviating poverty among the vulnerable population. Efforts at ensuring fair and balanced allocation of national resources across ecological zones, gender, income and socio-economic groups need to be strengthened. In addition, priority should be given to programmes outlined under the various special development initiatives in order to address the geographical disparities in poverty reduction efforts.
159 Ghana Living Standards Survey Round 7 (GLSS 7), Poverty Trends in Ghana, 2005-2017, Ghana Statistical Service (GSS)
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Session 7: Working with NGOs and Day Care Centres
Sometimes, people are oblivious to the fact that a Not-for-Profit or Non-Governmental Organization (NGO) is also termed as a company limited by guarantee. A private company limited by guarantee is a form of business structure often used by non-profit organizations, clubs, co- operatives, social enterprises, community projects, membership organizations and charities to serve social, charitable, community-based or other non-commercial causes. Part of the work of the Department of Social Welfare under the Communality Care programmes is the Registration, Certification, monitoring and Supervision of NGOs as well as Registering or Licensing ofan Organization or Institution or parents for foster care.
Facilitators’ Guide a. Introduce the session by informing participants that most of the times members of the society are not aware that Not-for-Profit or Non-Governmental Organization (NGO) is also termed as a company limited by guarantee and is a form of business structure often used by non-profit organizations, clubs, co-operatives, social enterprises, community projects, membership organizations and charities to serve social, charitable, community-based or other non- commercial purposes. b. Ask them to mention some of the roles the Department of Social Welfare plays when it comes to issues surrounding such organizations and enterprises under the Community Care programmes of the department. (Note that these include Registration, Certification, monitoring and Supervision of NGOs, as well as Registering or Licensing of an Organization or Institution for foster care) c. In a plenary session and using the information presented in the Facilitators’ Notes 2.7.7a -Registration of NGOs, discuss with the participants the following, allowing for questions and contributions with examples • definitions of organizations, community based organizations, non-governmental organizations, • the criteria for being eligible to register as an NGO with the DSW • How to Register a Not-For-Profit or NGO in Ghana • Requirements for Registering an Organization with the DSW for NGO Status • Renewing a Non-Governmental Organization • Supervision and Monitoring d. Inform participants that the final issue to be discussed in this session is the Registration, Certification and Supervision of Day Care Centres since it is part of the mandate of the DSW to ensure that the right things are done in providing care for children. Use the key points in the Facilitators’ Notes 2.7.7b - Registration and Supervision of Day Care Centres to contribute to
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the discussions allowing participants to ask questions and contribute. e. Conclude the session by asking participants to go back to their groups and try and recollect some of the very important things they have learnt from this module on Community Care, listing some of the things they did not know and have just learnt as well as things they knew but have received more in-depth knowledge and understanding. f. Let each group list their comments on flip charts and share in a plenary session
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Facilitators’ Notes 2.7.7a - Registration of NGOs160
Part 1 - Definition of an Organisation (1) An organisation, for the purposes of the Companies Act 1963 (Act 179) and of this Schedule161, is an independent, non-profit making, non-political and charitable organisation, with the primary objective of enhancing the social, cultural and economic wellbeing of communities, [and the operation of that organisation does not have a religious, political or ethnic bias]. (2) This Part applies to foreign, national and international, developmental, humanitarian or relief organisations with capacity to undertake active development or humanitarian or relief work. (3) An organisation shall exclusively engage in the type of activities specified in its Application for registration and shall not combine those activities with any other types of activities, whether religious or otherwise. (4) Where an organisation intends to engage in any other activities it should seek the consent of the Board and should establish a separate division or unit to carry out those activities. (5) A community-based organisation is a group of community members working together as an independent non-profiting making charitable organisation and cannot be registered asan organisation.
Part 2 - Eligibility Criteria (1) For the purposes of registration, a non-governmental organisation (a) must have a clear mission statement, outlining its purpose, objectives, target beneficiaries and constitution, • which is in conformity with the development policies prescribed by the Board, and • which will, in its implementation, promote the well-being and welfare of the relevant communities; (b) must have an easily identifiable office with a signboard visibly displayed, an accessible postal address, a bank account in the organisation’s name with at least two signatories and show a commitment to access funds to support its programmes; (c) must have a clearly delineated administrative structure and transparent accounting system that is auditable and from which annual accounts can be compiled for audit; (d) must have at least three full-time staff;
160 Draft NGO Policy Guidelines, 2007, Policies and Guidelines for the Operations of Nongovernmental Organisations 161 ibid
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(e) must be transparent and accountable to its donors, the Government and its beneficiaries, in its use of resources, including a summary of its overheads and direct support to beneficiaries, its staff costs and estimated quantifiable costs of contributions by the Government or the communities of its area of operations to its programmes; (f) must be willing to share relevant activity-related reports with the Government, other relevant organisations, beneficiaries and other interested parties; (g) must have a board of trustees or its equivalent policymaking body based in the community whose constitution is not monopolised by one person or one family group; (h) must submit copies of the certificate of registration of its parent body with the relevant authority to operate in the country. (2) The organisation must have the capacity in materials and human resources as determined by the Board to operate effectively and efficiently. (3) An international organisation must have legal status in its country of origin, and its parent body must show proof of lawfully established activities in other countries. (4) An organisation must sign an agreement as set out as an Annex to this Part with the Department/ Commission before it can be registered, and commence operations. (5) Failure to comply with the above criteria will lead to the disqualification of the applicant. i. How to Register a Not-For-Profit or NGO in Ghana Sometimes, people are oblivious to the fact that a Not-for-Profit or Non-Governmental Organization (NGO) is also termed as a company limited by guarantee. A private company limited by guarantee is a form of business structure often used by non-profit organizations, clubs, co- operatives, social enterprises, community projects, membership organizations and charities to serve social, charitable, community-based or other non-commercial causes. Not-for-profit organisations or Guarantee companies typically retain any surplus income for re- investment or use it to promote the non-profit objectives of the business rather than distribute profits to members. Most Not-for-profits/NGOs are not within the tax net of the central government. The DSW is happy to share with everyone procedures to follow as well as the requisites for registering a Non-Governmental Organization at the Registrar General’s Department. ii. Registration of NGOs162 NGOs are required to register with the relevant agencies (Registrar General and Department of Social Welfare) before they are allowed to operate. Any NGO found operating without a Registrar General’s certificate of registration is subject to being shut down and their work suspended until they complete their registration.
162 Social Welfare and Community Development Training Manual, Local Government Service, 2014
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• Before an NGO is registered with the Department of Social Welfare, the person(s) who want(s) to start the NGO will first have to register with the Registrar General’s Department for a certificate to commence business and certificate of incorporation. • After securing the certificate of incorporation as a company it will have to apply tothe Department of Social Welfare for an NGO status. • The DSW is the regulator of NGOs in Ghana and is therefore mandated to issue certificates of recognition to organizations to operate as NGOs. iii. Requirements for Registering an Organization with the DSW for NGO Status The NGOs are to provide the document of incorporation which includes all the details below. The Department of Social Welfare will then require the Registrar General’s Certificate of Incorporation, Constitution of the organisation, profile form, recommendation letter from the assembly and the Social Investigation Report from the NGO. • The name of the organisation (at least 2 names for name search – this is done by the Registrar of Companies at the Registrar Generals office) • The full names of the Executive Council Members, Subscribers and Secretary • An official fee • Address of company (digital address, building name, street name, House Number) • Address of the Executive council members, Subscribers and Secretary. • Tax Identification Number for Executive council members, Subscribers, Secretary. • Residential address of Executive council members, Subscribers, Secretary. • Passport biodata pages of Executive council members, Subscribers and Secretary (For TIN, where applicable) • Address of registered office, principal place of business • Name and address of Auditors NB: The auditor or auditing firm must be credible. • Certificates of incorporation and to commence business from the Registrar General’s Department. • The organization’s constitution • NGO profile form from the Department of Social Welfare • Social Investigation Report from the Social Worker • A recommendation letter from the Social Welfare Officer from the MMDA • A brochure or publication of the organization. This is the organization’s profile which talks about the vision, mission, goals and objectives, programme areas, board of directors, staff
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and any other useful information about the organization. • Application letter on organization’s official letter head addressed to the • The Director • Department of Social Welfare • P.O. Box M230 Accra. iv. Renewing a Non-Governmental Organization - All Certificates Must Be Renewed Annually 1. Complete a renewal form from Department of Social Welfare 2. Provide one copy of previous certificate 3. Provide 2 copies of annual financial report 4. Provide 2 copies of annual report All forms must be collected and taken to Accra Head Office of Department of Social Welfare, located in the Ministries for Certificate of Recognition. This Certificate is renewable annually. v. Supervision and Monitoring The Department supervises and monitors NGO activities to ensure that they follow the laid down regulations governing them.
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Facilitators’ Notes 2.7.7b - Registration of Early Childhood Care and Development Centres
There are many Day Care Centres operating in our communities and they are expected to register with the Department of Social Welfare. The Department is to monitor such centres. Many proprietors/proprietresses operating day care centres do not know that they are required by the law (Children’s Act) to register with the Department of social welfare. Some who know they have to register their centres in the district do so with the Ghana Education Service with the thought that they‘ve done the right thing. According to the Children’s Act560 (1998) - Sub-Part II - Day Care Centres: A “day-care centre” means any early childhood development establishment where children below compulsory school going age are received and looked after for the day or a substantial part of the day with or without a fee;
Section 115 - Application to operate day-care centre - indicates that (1) an application for a permit to operate a day-care centre shall be submitted by the applicant to the Department. (2) The application shall be accompanied by such fees as may be prescribed in a bye-law of a District Assembly. (3) The Department shall inspect the proposed day-care centre and if it meets the required standard it shall approve the application and grant a permit upon payment of the fee for the permit prescribed in a bye-law. (4) Any day-care centre in operation without a permit granted by a Department shall be closed on fourteen days’ notice to the owner or operator by the Department.
Section 116 - Inspection (1) The Department shall inspect the premises, books, accounts and other records of a day-care centre at least once in every six months and shall submit a report of the inspection to the Social Services Sub-Committee of a District Assembly. (2) If the inspection reveals that the day-care centre is not being managed efficiently in the best interest of the children, the Department shall suspend the permit and the owner or operator shall be ordered to make good any default within a stipulated time. (3) If the owner or operator fails to make good the default within the stipulated time, the permit shall be cancelled.
Section 120 on Offences under this Sub-Part – States that Any person who – (a) operates a day-care without a permit issued by the Department; or
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(b) continues to operate a day-care centre in contravention of this Part; or (c) obstructs or hinders any person conducting an inspection under this Sub-Part commits an offence and is liable on summary conviction to a fine not exceeding ¢5 million or to a term of imprisonment not exceeding one year or to both and in the case of continuing offence to a further fine not exceeding ¢100,000 for each day on which the offence continues.
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APPENDIX
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I. LAWS, POLICIES AND STANDARD OPERATING PROCEDURES IN CHILD PROTECTION AND FAMILY WELFARE The table below identifies key laws and official policies, standard operating procedures and action plans underlying the typologies and informing the ISSOPs for all the case categories. Laws, Regulations, Policies, Key Provisions SOPs, and National Action Plans National Overarching Laws and Regulations
Constitution Article 12: on juvenile offenders, Article 28: Child’s rights to care, assistance and protection Criminal Code, 1960 Section 26: age of crime, Chapter 1: Justifiable Force and Harm Chapter 3: harm (71); negligence (72), female circumcision (69A) Chapter 4: Assault and Similar Offences (84-88A) Chapter 5: kidnapping, abduction, abandonment (89-96), Chapter 6: sexual offenses, (97-109) Children’s Act, 1998 Includes typology, rights of child, care protection; judicial provisions; parenting, custody, maintenance; fostering and adoption, employment and institutional care, has typology of terms Children’s Amendment Act, Primarily makes further provisions in fostering and adoption 2016 and related matters Local Governance Act, Act 936, Section 23: District Assembly functions and committees, 2016 Section 48 special protection to vulnerable persons Section 196: Regional Coordinating Council include Social Protection, Children, Community Development and Women Section 81: Inter-service/sectoral collaboration and cooperation with non-de-centralized entities Data Protection Act of Ghana, Sections 96 and 37 of the Act are on protection of special 2012 personal data and children. Child Protection Framework Child and Family Welfare Sections on context, legal and service frameworks, Policy, 2014 & Operational challenges, policies, goals and objectives and strategies, Plan principles, values, institutional arrangements, stakeholders, research and monitoring and evaluation Justice for Children Policy Sections on legal framework and studies/analysis, goal and 2014 & Operational Plan objectives of the policy, guiding principles, key features of the new system, strategies to achieve policies, institutions for implementing, monitoring and evaluation and funding
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Alternative Care Adoption Regulations, L.I. Sections on accreditation and authorization; obligations and 2360, 2018, Ministry of Gender, activities of adoption agencies, records, complaints, fees, Children and Social Protection principles, in-country and inter-country procedures, extensive compendium of forms. Section 28 on child protection safeguarding care, reasonable efforts to locate biological parents and provide services to such parents. Foster Care Regulations, L.I. Sections on guiding principles; foster-care agency including 2361, 2018, Ministry of Gender, accreditation; foster-parenting processes; child eligibility and Children and Social Protection processing; and sections on agreements, forms, complaints, records, licensing for operating as an agency. Supporting the regulations are an Operational Manual (2018) and Foster Parent Training Manual (2018) Standards for Residential The standards include sections on caring for children, case Homes for Children; management, premises and facilities, and RHC governance and Standard Operating and management. The annex include guidelines for child Procedures for Inspection, safeguarding, codes of conduct and positive discipline Licensing, and Monitoring methods, and guidelines for developing RHC statements of Residential Homes for purpose and a policy/procedures handbook. The SOPs are Children in Ghana, 2018, on licensing and closure of RHCs, inspection, monitoring and Ministry of Gender, Children evaluation and professional conduct in these procedures. and Social Protection Annex have checklists for inspection and templates for inspection and monitoring reports, and the application format for licensing. Child Labour National Plan of Action for the Sections on definitions; principles and key issues; incidences, elimination of the worst forms causes, consequences of child labour; prevention and of child labour in Ghana (2017- response structures and approaches including upstream 2021), Ministry of Employment and downstream interventions. The previous NPA identifies and Labour Relations, reducing nine worst forms of child labour, while the current preceded by the NAP 2009- NPA takes an area-based approach towards child-labour free 2015. zones (local context in goal setting, prevention and response). Standard Operating Includes information on inter-sectoral collaboration per Procedures and Guidelines for ministry, sectors working on child labour including NGOs. Addressing the Worst Forms Breaks down work sectors and references the Hazardous of Child Labour in Ghana, Activity Framework of Ghana and SOPs for stakeholders in its 2012, endorsed by the Ministry application. of Employment and Labour Relations
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Child Marriage and Teen Pregnancy National Strategic Framework Sections on context globally and in Ghana, goal and objective, on ending Child Marriage in principles, scope of framework, strategies, coordination and Ghana 2017-2026, Ministry of collaboration, M&E, Operational Plan, Costing Gender, Children and Social Protection Guidelines for Prevention of Sections issues, legal and policy basis, prevention, re-entry Pregnancy Among School Girls into school, roles including counselling in schools and and Facilitation of Re-Entry Girl Education Officers and other stakeholders; forms for into School after Childbirth, casework. 2018, Ghana Education Service, Ministry of Education Adolescent Health Service Sections on situational analysis including sexual and Policy and Strategy (2016- reproductive health, violence, service delivery and policy; and 2020), Ghana Health Service the strategy sets. 5 Year Strategic Plan to Directions, implementation and monitoring and evaluation of Address Adolescent Pregnancy the strategy sets. in Ghana 2018-2022, Ministry of Gender, Children and Social Protection Domestic and Gender-based Violence Domestic Violence Act, 2007, Sections on definitions and types of DV, complaint process, Act 732 arrest, probation and occupation orders, jurisdiction, family tribunal, victim support and the DV Management Board. Domestic Violence Sections on reporting DV to police, medical care, protection Regulations, 2016 (L.I. 2237). orders, education/training/counseling, training manuals and programme, registration and accreditation of counsellors, shelter and social welfare services, rescue/rehabilitation/ reintegration and settlement, financial matters and extensive appendix of forms. National Domestic Violence Two part document with the Policy and Plan of Action for Policy and National Plan the Domestic Violence Act of 2007. Policy sections on goals of Action to Implement the set, challenges, abuse, consequences, relevant laws and Domestic Violence Act, (2007) stakeholder roles and responsibilities including the National 2009-2019 DV Secretariat and Management Board. The Plan of Action Ministry of Gender, Children sections on preparing and sensitizing the stakeholders, and and Social Protection framework of institutions & committees from national to community level to address DV.
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Education Guidelines for Implementation Sections on principles, objectives, framework, service of Guidance and Counselling delivery, steering committee and coordinators at all levels, Programmes in Pre-tertiary capacity building, financing. Schools in Ghana; no earlier than 2015, Ghana Education Services, Ministry of Education
Resource Handbook for Girl’s Sections, roles and responsibilities; gender education and Education Officers, draft 2017, equity; issues such as the internet, reproductive health, child Ghana Education Services, protection, violence; signs of child abuse; guidance and Ministry of Education counseling; record keeping and forms.
Gender Ghana National Gender Concentrates on five policy commitments: empowerment Policy – Mainstreaming and livelihood, rights and access to justice, leadership and Gender Equality and Women’s accountable governance, economic opportunities, gender Empowerment into Ghana’s roles and relations. Key policy sections include promoting Development Efforts, May resource mobilization on legal aid for women, supporting the 2015, Ministry of Gender, DV Act, establishing shelters, strengthening sectors on GBV Children and Social Protection and on trafficking issues. Health Child Protection Guidelines for focus on abused children with modules including context, Health Workers, 2018, Ghana public health and medical approaches, types of abuse, ethics Health Service, Ministry of and principles, prevention, injuries, sexual abuse, counselling, Health forensics, medical partners, knowledge and data. Has a bibliography and terms, and forms for use by caseworkers. Human Rights and Administrative Justice Commission on Human Rights The functions of the Commission on Human Rights and and Administrative Justice Act, Administrative Justice (CHRAJ) (Act 456), 1993
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Human Trafficking Human Trafficking Act 2005, Includes sections on what is prohibited (including Act 694 typology); complaints and arrest; rescue, rehabilitation and reintegration; the Human Trafficking Fund, the Human Trafficking Management Board, and a miscellaneous section dealing with immigration, extradition, the power of policy, criminal and civil charges. Human Trafficking Legislative Expands on parts of the Human Trafficking Act clarifying and Instrument 2219, L.I. 2219, having additional offenses on organized crime groups, aiding 2015 and abetting these groups, facilitating trafficking for financial or other gain, parents & guardians facilitation of trafficking, trafficking and persons with disabilities, corrupt practices of public officers, use of premises for trafficking and liability of “employers.” Standard Operating Comprehensive handbook and SOPs with detailed Procedures to Combat Human information terminology, Ghana and international legal Trafficking In Ghana – with provisions, direct assistance, prosecution, referral, special emphasis on child case monitoring, risk assessment, follow-up indicators, trafficking; 2017, International confidentiality and case management checklist and a Organization for Migration compendium of forms. endorsed by Ghana’s Ministries National Plan of Action for Provides an overview of trafficking in persons (TIP) in Ghana, the Elimination of Human including stakeholders, studies and legal framework. The Trafficking in Ghana (2017- NAP is based on four sets of objectives on TIP prevention, 2021), Ministry of Gender, protection, prosecution and partnerships. An M&E framework Children and Social Protection exists for the NAP. Judicial Services Children before the Courts A report describing and assessing specialized circuit courts of Ghana, Towards a Child- on DBV, and the Juvenile Court and Family Tribunal; social Friendly Justice; 2018, Judicial welfare and probation services; and issues on data, diversion, Services of Ghana, Ministry of transportation, legal aid, witness protection, victim aid and Justice and Attorney-General’s alternative dispute resolution. witness and victims. Also Department discussed is alternative dispute resolution through the ADR Unit. Parties are encouraged Alternative Dispute Resolution There are five Parts to the Act with detailed procedures listed Act, 2010 (Act798) under each: Arbitration, Mediation, Customary Arbitration, Alternative Dispute Resolution Centres, and Financial, Administrative and Miscellaneous Provisions – including establishment of an ADR Board and fund and reporting of ADR.
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Policing Standard Operating Sections on guiding principles, definitions, if offenses Procedures for Child Friendly reported by telephone or at the police station or by non- Policing, Procedures for victim child or witness, scene of the crime procedures, record Investigations Involving Child keeping and referral procedures and forms including referral Victims and/or Witnesses 2016, and medical reports Ghana Police Service, Ministry of the Interior Standard Operating Sections on guiding principles, determination if a child is in Procedures for Child Friendly conflict with the law and/or in need of care and protection, Policing, Procedures for age determination, informal and formal cautions, arrest, Handling Children in Conflict escorting, handling at Police stations, child friendly with the Law, 2016, Ghana interventions, release and remand procedures, record Police Service, Ministry of the keeping and relevant forms. Interior Police Recordkeeping and Sections on regulations and procedures, existing tools and Data Management on Cases forms, retention and disposal of records. Assesses status involving Children; 2016, of data gathering and use, identifies gaps and makes Report to Ghana Police recommendations. Services and UNICEF
Social and Behavior Change for Child Protection Social and Behavior Change Sections on global and national situation of child protection, Communication Strategy for rationale for social and behavior change communication the Protection of Children in strategy, process for the strategy, management and Ghana; Ministry of Gender, monitoring and evaluation plans, results framework, Children and Social Protection objectives by sector. (undated)
Social Protection Ghana Social Protection Describes five flagship programmes: Livelihoods Policy; Nov. 2015, Ministry of Empowerment Against Poverty (LEAP), Labour Intensive Gender, Children and Social Public Works (LIPW), School Feeding Programme (SFP), Protection National Health Insurance (NHIS) Exemptions and Basic Education Capitation Grants. Policy has context, situational analysis, institutional framework and relationships, mechanisms for policy delivery. Key Section: 5.5:Sector Responsibilities in Policy Interpretation, Review, Monitoring and Evaluation, Implementation, Response
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Social Welfare and Community Development, Case Management
Social Welfare & Community Skills, responsibilities and procedures in child rights, Development Training Manual; promotion, protection and related programmes, services and March 2014 (updated 2019) support.
Case Management Standard Includes terms, definitions, roles and responsibilities, Operating Procedures for procedures and forms for case management undertaken by Children in Need of Care and Department of Social Welfare and Community Development. Protection; June 2018
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II. PROTOCOL FOR INTER-SECTORAL DATA PROTECTION & INFORMATION SHARING
Purpose This Protocol is part of Ghana’s Inter-sectoral Standard Operating Procedures for Casework and Management in Child Protection and Family Welfare. It provides principles and procedures for the social service workforce to protect children and their families (hereafter called ‘clients’ in this document) in the collection, use and sharing of client personal data and confidential information. It is in conformity with Ghanaian laws and internationally recognized best practices to ensure their personal safety and rights, including confidentiality. The Inter-sectoral Data Protection and Information Sharing Protocol is hereafter referred to as “The Protocol” in this document. Client data shall only be disclosed to authorised persons in institutions who have signed the Agreement in The Protocol.
Core Principles to The Protocol Those who collect, process and keep personal data and confidential information do so on behalf of the client and use it in their best interests.
The Convention on the Rights of the Child (CRC) The CRC, to which Ghana is bound to, provides children with a specific right to privacy. Article 16 of the CRC states “[n]o child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, or correspondence, nor to unlawful attacks on his or her honour and reputation,” and reaffirms that “the child has the right to the protection of the law against such interference or attacks.”
Need to Know Principle The Protocol is based on the “need to know principle” as identified in the Inter-Agency Guidelines for Case Management and Child Protection (2014), The Role of Case Management in the Protection of Children: A Guide for Policy and Programme Managers and Caseworkers, January 2015, the Global Child Protection Working Group. This principle limits information considered sensitive. Information is shared only with individuals requiring information to protect the client and with as few individuals as possible. Respecting confidentiality requires service providers to protect information gathered about clients and to ensure it is accessible only with a client’s explicit permission, or without their permission consistent with the laws of Ghana. For agencies and caseworkers, this means collecting, keeping, sharing and storing information on clients in a safe way and according to agreed upon data protection
Part Two | Social Welfare 399 Part 2: Social Welfare procedures and policies. Service providers should not reveal children’s names or any identifying information to anyone not directly involved in the care of the client. This means taking special care in securing case files and documents and avoiding informal conversations with colleagues who may be naturally curious and interested in the work. Importantly, confidentiality is limited when caseworkers identify safety concerns and needto reach out to other service providers for assistance or where they are required by law to report crimes. These limits must be explained to children, parents or caregivers in an informed consent or assent processes. Supervisors and caseworkers should work together closely to take decisions in such cases where confidentiality needs to be broken, consistent with Ghanaian laws and policies.
Key Terms and Definitions in The Protocol “Institutions” are defined as Ghanaian government ministries, services, departments, offices and service structures; U.N. and other international multi-lateral organizations, officially registered non-governmental organizations providing services and support to clients, and officially recognized civil society organizations and traditional leadership providing services and support to clients. “Personal data” generally means biographical data such as name, sex, marital status, date and place of birth, registration number, place of living/address, family members and occupation. It can also describe social, economic or cultural condition or situation of a specific individual or family or household unit that may be sensitive in nature and is protected through the laws of Ghana and used in the best interest of the client. “Personal identifying data or information” ties information to specific persons who are potentially identifiable by their name, appearance or place of living. “Confidentiality” means ensuring that information disclosed to service providers by a child, their family members or caregivers is not used without their consent or against their wishes and is not shared with others without his or her permission, except in exceptional circumstances, or required by law. Confidentiality is in the “best interest of a child” or other client when it prevents the misuse of information about them for purposes beyond their control, including for purposes leading to their exploitation, stigmatization and abuse – either intentionally or unintentionally. It also helps to ensure that their views and opinions are heard and respected at all times. “Informed consent” means any freely given and informed indication of an agreement by the client to the processing of his/her personal data, including sharing of data and confidential information with other service providers of institutions who are signatories to The Protocol. “Assent” involves someone not able to directly give consent. Work with children or adults not capable of giving consent requires the consent of the parent or legal guardian and thus the assent of the subject.
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The Data Protection Act, 2012 (#843) Key provisions in the Act, consistent with the needs in child protection and family welfare, are: Article 17: Persons processing data shall be lawful and have a specific purpose in gathering data and must safeguard the data Article 18: The data collection shall not infringe on the privacy rights of the data subject Article 19: Personal data may only be processed if the purpose for which it is to be processed, is necessary, relevant and not excessive Article 20: Prior consent for processing personal data is required, with certain exemptions including when it is otherwise authorized by law, to protect a legitimate interest of the subject, required for proper statutory duty Article 21: Indirectly collected personal data is allowed in certain instances including for the prevention, detection, investigation, prosecution, punishment or enforcement of an offence or breach of a law Article 25: Personal data retention is not allowed for a period longer than is necessary to achieve the purpose of which data is collected, with certain exemptions, including those required or authorized by other laws (Article 24) and to prevent or mitigate a serious or imminent threats, including public health or safety, the life or health of the data subject or another individual Article 28: Controllers of data shall take the necessary steps to secure integrity of personal data including loss or damage to data and unlawful access to or unauthorized processing of personal data. Article 35: Individuals shall be informed in an intelligible way what data is being collected and the purpose for its collection. Article 37: Personal data shall not be processed on the religious or philosophical beliefs, ethnic origin, race, trade union membership, political opinions, health, sexual life or criminal behavior of an individual (see exemptions above). unless it is by an institution of which the individual is a member (Article 38). Article 39: Individuals can request in writing to the data controller to cease and not process data if it causes or is likely to cause unwarranted damage or distress to the individual. The data controller has twenty-one days after receipt of a notice to inform the individual in writing on whether there is an intent to comply with the request. The decision can be appealed to the national Data Protection Commission which can determine if the request is justified and order compliance by the data controller. Individuals have similar rights to rectify, block, erase or destroy data collected (Article 41). Article 43: If an individual suffers damage or distress through the contravention by a data controller of the Act, that individual is entitled to compensation for damage or distress caused by a data controller. Article 62: Personal data relating to physical, mental health or mental condition and educational status shall not be disclosed except as required by law and for details related to a pupil at an
Part Two | Social Welfare 401 Part 2: Social Welfare educational institution. The above articles are paraphrased from the Data Protection Act (2012). The signatories of the Protocol pledge to read the Data Protection Act, and seek clarification as needed from Ghana’s national Data Protection Commission. The Act is found at: https://www.dataprotection.org.gh/sites/default/files/Data%20Protection%20Act%20%2C%20 2012%20%28Act%20843%29.pdf
Sectoral and Institutional Personal Data and Confidentiality Standards and Guidelines The following is a list and brief description of a variety of personal data and confidential information standards and guidelines as found in Ghanaian Acts, policies, standard operating procedures and other similar resources. These have greater articulation tailored to the specific mission and activities of agencies and the institutions associated within a specific sector. Among these are: • Public Records and Archives Administration Act, 1997, (Act 535), directs public institutions at the national, regional and district levels to maintain the integrity, approve access to, transfer as necessary and follow/implement data retention schedules of semi-current records (Section 10 and 11). After thirty years, access to all records will be granted to the public except for records deemed to be in the ‘interest of national security’ (Section 17). There are no specific provisions on records involving children.163 • The Juvenile Justice Act, 2003 provides guidance on confidentiality and privacy, such as the expunging juvenile records. Section 3 of the Act guarantees a juvenile’s right to privacy during arrest, investigation, trial or any other stage of the cause or matter. It prohibits the release of information for publication that may lead to the identification of the juvenile and if this happens it is punishable by the law. The Act states effective witness protection requires strict adherence to confidentiality and privacy. • The Justice for Children Policy 2015 aims to strengthen the collection of disaggregated data on children in the justice system, the police, through the Ministry of the Interior. The data is to be shared with the Ministry of Gender, Children and Social Protection (‘MoGCSP’) and other relevant stakeholders) without breaching confidentiality (Section 7.2.2). The Policy also requires cross-sectoral collaboration to improve information sharing and case management practices. The Department of Children of the MoGCSP has the responsibility to collect and analyze data and information on children in the justice system (Section 7.2.1). This requires police records related to crime involving children be compiled, removing identifying features (names and addresses), and forwarded to the Department of Children, which has lead responsibility for developing a National Research Statistics and Information Directorate on justice for children.164
• The Commission on Human Rights and Administrative Justice Act in Section 17 requires 163 This description is adapted from The Police Record Keeping of Data Management on Cases Involving Children, 2016 164 Police Record Keeping, Op.cit.
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officials of the commission to maintain confidentiality on matters coming to their knowledge and in the performance of their functions through an Oath of Secrecy. The Commission can investigate violations of fundamental rights and freedoms and unfair treatment by a public officer which, in theory, can include violations of confidentiality and privacy. • The Human Trafficking Act, 2005 and Domestic Violence Act, 2007 protect the identify of victims and makes it an offence punishable through penalties to publish information revealing identification of victims, without “leave” of the court. The Domestic Violence Act prohibits publication of reports of proceedings except with leave of the Court (Section 25, 1) and protects the identity of victims (Section 25, 2).165 • Standard operating procedures for anti-human trafficking, residential care and child protection case management have confidentiality provisions. The latter includes a confidentiality form for caseworkers, caregivers and interpreters and clients to sign. • Witness Protection Bill. Establishes a Witness Protection Agency to provide for a Witness Protection Programme and related matters. One of the key functions of the proposed Witness Protection Agency is to collate, analyze, store and disseminate information related to witness protection (Section 4 (g)). Section 28 (3) of the Bill enjoins the Attorney General to issue necessary directives, in accordance with United Nations guidelines in matters involving child victims and child witnesses of crime to ensure comprehensive child protection. In Section 57, the Minister is further mandated to make regulations by legislative instrument for the efficient and effective implementation of the Act and for the protection of children.166
The Agreement on Data Protection and Confidentiality Institutions in Ghana sharing client personal data and confidential information agree to the following basic components to the Protocol, as evidenced by • their signing The Protocol, • ensuring the understanding and training of staff and associated paraprofessionals who have the need to know and share personal data and confidential information. By signing The Protocol, each institution commits to the following procedures for client data protection and confidentiality:
1. To be in conformity with and complement • Ghana’s Data Protection Act, 2012 (see below). • The data protection and use guidelines and procedures as found in other Acts and official policies, standard operating procedures or other similar resources. (see patricidal list below)
165 Last sentence from Police Record Keeping, Op.cit. 166 Police Record Keeping, Op.cit.
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2. The following are requirements for the ethical use, protection and confidentiality of personal data and confidential information about children, families and caregivers: a. Under no circumstances shall data and information be used to stigmatize or discriminate, particularly relating to disability, sexual or other abuse, HIV/AIDS or other health, social or economic status. b. Under no circumstance shall there be any personal or institutional gain or advantage by a service provider or any associate or contact of a service provider, through sharing of client information, or leveraging services to the client. All parties guarantee that none of their staff members will at any time disseminate such information for personal or institutional advantage. c. Under no circumstances shall there be client information provided to the media unless the request is approved and supervised by an official or authority specifically authorized to provide this information in the best interest of the client, consistent with The Protocol. d. Under no circumstance, shall the identities of children nor any aspect of protection issues concerning them, their families or caregivers be revealed to anyone in any institution that has not agreed to and signed The Protocol unless approved and under the supervision of an official or authority specifically authorized to provide this information in the best interest of the client, consistent with The Protocol. e. Hard copy paper files of client information, including case files and referral information shall be under secure lock and key with the service provider person(s) responsible for the information. Access to this data and information is limited only to those with permission to see the information on a need to know basis in their duties to protect and best serve clients. f. When transferring paper files by hand, this should be done only between people responsible for the information and who work for institutions that are signatories to The Protocol. The transfer of the file shall be secure in a sealed box or sealed envelope. g. Soft, electronic copies of client information shall be password protected with access granted to individuals specifically authorized to see and work with this information. Passwords should be changed on a regular basis. Memory sticks should be passed by hand between people responsible for the information and be password protected, and the file erased immediately after transfer h. Confidential identifying information of a sensitive nature should never be left on a computer screen in a room where others have access. Rooms containing paper or electronic information should be kept securely locked when the person responsible for the information leaves the room. i. Computers should be fitted with up-to-date anti-virus software so as to avoid corruption and loss of information. It is the responsibility of IT Manager to make sure that anti-virus software is maintained and updated on all computers that host personal data and documents such as case files, and databases that are being kept. j. Confidential and client information shall be shared through texting, over the internet through emails, what’s app and other communication modalities, when this electronic transfer of
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information is managed through secure system with necessary passwords and/or encryption under identified controls and management of administrators trained and certified todo so. In the absence of such a system, electronic sharing of information shall be done with extreme caution, recognizing the sensitivity of the information. For example, after sending and receiving information and securing confidential storage of it, emails and texts should be deleted from the devises. k. Child protection and family welfare client information can only be provided to official Ghanaian statistical gathering units, such as the Ghana Statistical Service, through personnel authorized and trained to do this, consistent with The Protocol. l. All institutions incorporate components of The Protocol into their written data protection and confidentiality policies and procedures, including an obligation to uphold personal data and confidentiality policy in the staff contracts. Each caseworker in direct contact with clients, or access to personal data and confidential information shall read and sign a copy of The Protocol. This should be accomplished within one year’s time. m. All institutions signing The Protocol shall identify a data and information safeguarding focal point within their organizations who is responsible for training, implementation and monitoring of The Protocol. n. Authorized persons gathering personal data and confidential information should explain to client whenever possible why they are gathering it, how it will be used and by whom. o. Under normal circumstances, and when in the best interest of the child, informed consent is required from children 12 years of age and above, and by their parents or caregivers for children under their age but with a reasonable attempt to explain to a child the purpose of gathering personal information. Staff of institutions should use an informed consent form, consistent with The Protocol, or the form attached to The Protocol. However, it is recognized that at times a written form may not be possible; therefore, a clear oral approval or other affirmation is permissible under certain situations and is documented in the client case file.
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III. PROVISIONS MADE IN THE LAW FOR THE CRIMINAL PROCESS FOR A JUVENILE - JUVENILE JUSTICE ACT, 2003 (ACT 653)
Section 1 - Juvenile. (1) For purposes of the Act a juvenile is a person under eighteen years who is in conflict with the law. (2) A juvenile shall be dealt with in a manner which is different from an adult, except under exceptional circumstances under section 17.
Section 2 - Welfare Principle. The best interest of a juvenile shall be (a) paramount in any matter concerned with the juvenile; and (b) the primary consideration by a juvenile court, institution or other body in any matter concerned with a juvenile.
Section 3 - Rights of the Juvenile. (1) A juvenile has the right to privacy during arrest, the investigation of an offence, at the trial of the offence and at any other stage of the cause or matter. (2) A person shall not in the course of arrest, investigation or trial of an offence connected with a juvenile, or at any other stage of the cause or matter, release any information for publication that may lead to the identification of the juvenile. (3) Any person who contravenes subsection (2) commits an offence and is liable on summary conviction to a fine not exceeding 250 penalty units or to a term of imprisonment not exceeding 12 months or to both.
Composition of the Juvenile Court The Juvenile Court sits as a panel of three made up of the magistrate, who presides over the court and two others, one of whom shall be a social welfare officer.
Interview of Juvenile When a juvenile is in conflict with the law, section 13 (1) of the Act prohibits the police from questioning or interviewing him/her unless a parent, guardian, lawyer or close relative of the juvenile is present at the interview. In the absence of the above people stated above, section 13 (2) of the Act permits the police to conduct an interview in the presence of a Probation Officer.
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(3) If it is considered that it is not in the best interest of the juvenile to have a parent, guardian, lawyer or close relative of the juvenile present, the police shall arrange for a probation officer to be present at the interview.
Recognizance Section 14(1) states that if a juvenile under arrest cannot be released by the police on self- recognizance or a recognizance entered into by a parent, guardian, close relative or other responsible person, (2) the police shall seek an order from a juvenile court to place the juvenile in a remand home or any place of safety designated by the Social Welfare Department of a District Assembly.
Detention of Juvenile at Police Station Section 15(1) The police shall make arrangement to detain the juvenile in a part of a police station specially designated for Juveniles or in part of a Police station which is separate from the area where persons other than Juveniles are detained. Section 15(4) states a juvenile shall be under the care of an adult of the same sex when detained in a police station or whilst being transported to a remand home or place of safety. • Male juveniles shall be held separately from female juveniles. • A juvenile in detention at a police station has the right to (a) adequate food; (b) medical treatment if required; (c) reasonable visits from parents, guardian, lawyer or close relative; and (d) any other conditions reasonably required for the welfare of the juvenile. Section 23(1b) states a juvenile can be remanded in a remand home situated within a reasonable distance from the court.
Section 16 - Juvenile Court Sitting (1) A juvenile court shall sit either in a different building or room from that in which sittings of other courts are held or on different days from those on which sittings of other courts are held. (2) No person shall be present at any sitting of a juvenile court, except (a) members and officers of the court; (b) parties to the case before the court, their lawyer and witnesses, and other persons directly concerned in the case; and (c) such other persons as the court may specially authorize to be present (3) The proceedings in a juvenile court shall be informal and a police officer in the court shall not
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be in uniform. (4) No restraints shall be used on a juvenile unless there are exceptional circumstances which warrant the restraints for the safety of any person not foreseen.
Section 19 - Presumption and Determination of Age (1) Where a person, whether charged with an offence or not, is brought before any court otherwise than for the purpose of giving evidence and it appears to the court that the person is a juvenile, the court shall make inquiry as to the age of the person. (2) In the absence of a birth certificate or a baptismal certificate, a certificate signed by a medical officer as to the age of a person below eighteen years of age shall be evidence of that age before a court without proof of signature unless the court directs otherwise. (3) An order of a court shall not be invalidated by any subsequent proof that the age of the child has not been correctly stated to the court and the presumed or declared by the court to be the age of the juvenile shall be deemed to be the true age for the purpose of any proceeding under this Act. (4) Where it appears to the court that the person brought before it has attained the age of eighteen years, the person shall for the purposes of this Part be deemed not to be a juvenile and shall be subject to the Code.
Section 20—Charge Sheet and Plea. (1) The allegations in a charge sheet shall be translated in a language that an accused juvenile can understand. (2) The juvenile shall be called upon to indicate to the court whether or not the juvenile admits the offence in the charge sheet. (3) The juvenile, the lawyer of the juvenile, parent, guardian, close relative or probation officer may examine the charge sheet at any stage of the proceedings. (4) The charge may be withdrawn by the police at any stage of the proceedings and the juvenile may be discharged or acquitted.
Section 21—Appearance of Juvenile in Court and Bail (1) When a juvenile appears before a juvenile court charged with any offence, the court shall enquire into the case and, unless there is a serious danger to the juvenile or the community, release the juvenile on bail. (2) A juvenile granted bail shall be released from custody after giving security or accepting specified conditions. (3) Bail may be granted on the juvenile’s own undertaking or with sureties from the parents, guardian, or close relative of the juvenile or a responsible person.
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(4) The amount of the bail shall be fixed with due regard to the circumstances of the case and shall not be excessive or harsh. (5) A juvenile court may refuse to grant bail if it is satisfied that the juvenile (a) may not appear to stand trial; (b) may interfere with any witness, evidence or hamper police investigations; or (c) may commit a further offence when on bail. (6) If bail is not granted, the juvenile court shall record the reasons for the refusal and inform the applicant that there is a right to apply for bail in the High Court.
Section 22 - Assistance to Juvenile The juvenile court shall, at the commencement of proceedings in court, inform the juvenile in a language that the juvenile understands of the following, (a) the right to remain silent; (b) the right to have a parent, guardian, close relative or probation officer present at the proceedings; (c) the right to legal representation; and (d) the right to Legal aid.
Social Enquiry Report Where a juvenile is charged with an offence, the court is enjoined to order a Social Enquiry Report (SER) on the juvenile to be prepared by a Probation Officer for due consideration of the court in making any order or orders (see section 24 (1) and (2) of Act 653). The SER provides information about juvenile offenders and their circumstances which are relevant for consideration by the Juvenile Court. The contents of a SER should include: a. particulars on the background of the juvenile, b. the conditions under which the offence was committed and c. recommendations for a sentence (see section 24 (3) of Act 653). Where however a recommendation is made suggesting that the matter be referred to a Child Panel, such suggestions for referrals can only be in respect of minor offences (see section 24 (4) of Act 653). Child Panels are dealt with under section 29 (1) of Act 560, to mediate in criminal and civil matters that concern a child. Once the SER is prepared, the juvenile court must ensure that the contents of the SER are made known to the juvenile and a copy of it also made available to the juvenile or his legal representative (see section 24 (5) of Act 653). The court may also in addition to the SER cause the probation officer to make an oral report to the court (see section 24 (6) of Act 653). The court may reject the recommendations stated in the SER, but in doing so it shall record
Part Two | Social Welfare 409 Part 2: Social Welfare its reasons for so departing from the SER (see section 24 (7) of the Act.
Section 25 - Diversion (1) After the consideration of the social enquiry report, the court shall decide whether the juvenile be charged with an offence or should be diverted from the criminal justice system with or without conditions. (2) Diversion shall not be permitted for a serious offence.
Section 26 - Purpose of Diversion (1) The purpose of diversion is to; (a) encourage the juvenile to be accountable for harm caused; (b) promote an individual response to the harm caused which is appropriate and proportionate to the circumstances of harm caused; (c) promote the reintegration of the juvenile into the family and community; (d) provide an opportunity to the person or community affected by the harm caused, to express their views on the impact of the harm; (e) encourage restitution of a specified object or symbolic restitution; (f) promote reconciliation between the juvenile and the person or community affected by the harm caused; and (g) prevent stigmatization of the juvenile which may occur through contact with the criminal justice system. (2) A juvenile shall not be discriminated against in the selection of a diversion programme and juveniles shall have equal access to diversion options. (3) Inhuman or degrading treatment shall not form part of the diversion programme.
Section 27 - Minimum Standard of Diversion A diversion programme shall (a) promote the dignity and well-being of the juvenile and the development of self-esteem and ability to contribute to society; (b) not be exploitative, harmful or hazardous to the physical and mental health of the juvenile; (c) be appropriate according to the age maturity of the juvenile; (d) not interfere with the schooling of a juvenile; and (e) give useful skills to the juvenile where possible.
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Section 29 - Methods of Dealing with Juvenile Offender (1) A court that deals with a juvenile offender may; (a) discharge the offender conditionally or unconditionally; (b) discharge the offender after the juvenile has given an undertaking; (c) release the offender on probation as provided for in section 31 in addition to orby exercising any of the powers specified in paragraphs (d), (g) and (h) of this subsection; (d) commit the offender to the care of a relative or other fit person; (e) send the offender to a correctional centre established under Part III of this Act; (f) subject to section 30, order the offender to pay a fine, damages, or costs; (g) order the parent, guardian or close relative of the offender to pay a fine, damages or costs; (h) order the parent, guardian or close relative of the offender to give security for the good behaviour of the offender; or (i) deal with the case in any other lawful manner the court considers just. (2) The ability of the juvenile offender, parent, guardian or close relative to pay the fine, damages or costs shall be taken into consideration by the court before the order is made.
Section 33 - Expeditious Hearing The case of a juvenile charged with an offence before a juvenile court shall be dealt with expeditiously and if the case is not completed within six months of the juvenile’s first appearance in court, the juvenile shall be discharged and is not liable for any further proceedings in respect of the same offence.
Application to Expunge Record Section 37(1) A juvenile offender, probation officer or close relative of a juvenile may apply to a juvenile court for the record of conviction and order imposed on a juvenile to be expunged. Section 38(1) A juvenile who is the subject of an order made under section 29 or 34 of this Act who violates the order, may be apprehended without warrant and returned to the correctional centre, custody, care or supervision of a relative or fit person. (2) Where a juvenile has run away from the care of a fit person and that person is not willing to take the juvenile back, the court may make an order which is in the best interest of the juvenile after the submission of a social enquiry report under section 24.
Correctional Centres The social welfare Department runs a correctional centre. Section 39(1) The Minister responsible for Social Welfare may establish Junior Correctional Centres
Part Two | Social Welfare 411 Part 2: Social Welfare referred to in this Act as “Junior Centres” where juveniles may be detained. (2) The Minister responsible for the Interior may establish Senior Correctional Centres referred to in this Act as “Senior Centres” where young offenders and such juvenile offenders as the court may determine may be detained. (3) A Junior Centre formerly called an Industrial School is a place where a juvenile may be detained. (4) A Senior Centre formerly called a Borstal Institution is a place where young offenders and such juvenile offenders as the court may determine may be detained.
Remand Homes The social welfare Department also runs remand homes. Section 40 - The Minister responsible for Social Welfare may establish remand homes where juveniles and young persons may temporarily be kept in custody in accordance with the order of a court. Section 41(1) -Junior Centres and remand homes shall be under the control, maintenance and supervision of the Minister responsible for Social Welfare.
Detention Order Section 45(1) A detention order and any endorsement shall be delivered to the person responsible for conveying the juvenile or young offender to the centre concerned and shall be delivered by the person responsible for conveying the juvenile or young offender to the person in charge of the centre. (2) A court when making a detention order shall forward the social enquiry report and any additional information on the juvenile or young offender to the person in charge of the centre but in any event not later than seven days.
Place of Detention The Juvenile Justice Act provides for the detention of juveniles and young offenders according to age groups and/or nature of offence committed (See section 46 (2), (3) and (4) of Act 653). Before the court makes the order for detention it must satisfy itself that a suitable place is available for the juvenile or young offender at the correctional centre (see section 46 (5) of Act 653). The various classifications are: a. A juvenile under the age of eighteen shall be detained in a junior correctional centre. b. A young offender above the age of eighteen shall be detained in a senior correctional centre. c. A juvenile under the age of fifteen years who has been convicted of a serious offence shall be detained at a senior correctional centre.
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IV. THE MOST PERTINENT ARTICLES OF THE CRC SPECIFICALLY FOR JUVENILE JUSTICE POLICY AND PRACTICE: • In all actions concerning children…the best interest of the child shall be a primary consideration (article 3) • State Parties recognise the rights of the child to freedom of association and to freedom of peaceful assembly (article 15) • No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence (article 16) • No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. (Article 37 a) • No child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time (Article 37 b) • Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age. In particular, every child deprived of liberty shall be separated from adults unless it is considered in the child’s best interest not to do so … (Article 37 c) • Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action (Article 37 d). • State Parties recognize the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child’s sense of dignity and worth, which reinforces the child’s respect for the human rights and fundamental freedoms of others and which takes into account the child’s age and the desirability of promoting the child’s reintegration and the child’s assuming a constructive role in society (Article 40 (1). • State Parties shall seek to promote the establishment of laws, procedures, authorities and institutions specifically applicable to children alleged as, accused of, or recognized as having infringed the penal law, and, in particular: (a) The establishment of a minimum age below which children shall be presumed not to have the capacity to infringe the penal law; (b) Whenever appropriate and desirable, measures for dealing with such children without resorting to judicial proceedings, providing that human rights and legal safeguards are fully respected (Article 40 (3)
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V. UNITED NATIONS STANDARD MINIMUM RULES FOR THE ADMINISTRATION OF JUVENILE JUSTICE (“THE BEIJING RULES”) ADOPTED BY GENERAL ASSEMBLY RESOLUTION 40/33 OF 29 NOV 1985
1. Fundamental perspectives 1.1 Member States shall seek, in conformity with their respective general interests, to further the well-being of the juvenile and her or his family. 1.2 Member States shall endeavour to develop conditions that will ensure for the juvenile, a meaningful life in the community, which, during that period in life when she or he is most susceptible to deviant behaviour, will foster a process of personal development and education that is as free from crime and delinquency as possible. 1.3 Sufficient attention shall be given to positive measures that involve the full mobilization of all possible resources, including the family, volunteers and other community groups, as well as schools and other community institutions, for the purpose of promoting the well-being of the juvenile, with a view to reducing the need for intervention under the law, and of effectively, fairly and humanely dealing with the juvenile in conflict with the law. 1.4 Juvenile justice shall be conceived as an integral part of the national development process of each country, within a comprehensive framework of social justice for all juveniles, thus, at the same time, contributing to the protection of the young and the maintenance of a peaceful order in society. 1.5 These Rules shall be implemented in the context of economic, social and cultural conditions prevailing in each Member State. 1.6 Juvenile justice services shall be systematically developed and coordinated with a view to improving and sustaining the competence of personnel involved in the services, including their methods, approaches and attitudes.
2. Scope of the Rules and definitions used 2.1 The following Standard Minimum Rules shall be applied to juvenile offenders impartially, without distinction of any kind, for example as to race, colour, sex, language, religion, political or other opinions, national or social origin, property, birth or other status. 2.2 For purposes of these Rules, the following definitions shall be applied by Member States in a manner which is compatible with their respective legal systems and concepts: ( a ) A juvenile is a child or young person who, under the respective legal systems, may be dealt with for an offence in a manner which is different from an adult; ( b ) An offence is any behaviour (act or omission) that is punishable by law under the respective legal systems;
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( c ) A juvenile offender is a child or young person who is alleged to have committed or who has been found to have committed an offence. 2.3 Efforts shall be made to establish, in each national jurisdiction, a set of laws, rulesand provisions specifically applicable to juvenile offenders and institutions and bodies entrusted with the functions of the administration of juvenile justice and designed: ( a ) To meet the varying needs of juvenile offenders, while protecting their basic rights; ( b ) To meet the need of society; To implement the following rules thoroughly and fairly.
3. Aims of juvenile justice 5. 1 The juvenile justice system shall emphasize the well-being of the juvenile and shall ensure that any reaction to juvenile offenders shall always be in proportion to the circumstances of both the offenders and the offence. 6. Scope of discretion 6.1 In view of the varying special needs of juveniles as well as the variety of measures available, appropriate scope for discretion shall be allowed at all stages of proceedings and at the different levels of juvenile justice administration, including investigation, prosecution, adjudication and the follow-up of dispositions. 6.2 Efforts shall be made, however, to ensure sufficient accountability at all stages and levels in the exercise of any such discretion. 6.3 Those who exercise discretion shall be specially qualified or trained to exercise it judiciously and in accordance with their functions and mandates.
4. Rights of juveniles 7.1 Basic procedural safeguards such as the presumption of innocence, the right to be notified of the charges, the right to remain silent, the right to counsel, the right to the presence of a parent or guardian, the right to confront and cross-examine witnesses and the right to appeal to a higher authority shall be guaranteed at all stages of proceedings.
5. Protection of privacy 8.1 The juvenile’s right to privacy shall be respected at all stages in order to avoid harm being caused to her or him by undue publicity or by the process of labelling. 8.2 In principle, no information that may lead to the identification of a juvenile offender shall be published.
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PART TWO: INVESTIGATION AND PROSECUTION
1. Initial contact 10.1 Upon the apprehension of a juvenile, her or his parents or guardian shall be immediately notified of such apprehension, and, where such immediate notification is not possible, the parents or guardian shall be notified within the shortest possible time thereafter. 10.2 A judge or other competent official or body shall, without delay, consider the issue of release. 10.3 Contacts between the law enforcement agencies and a juvenile offender shall be managed in such a way as to respect the legal status of the juvenile, promote the well-being of the juvenile and avoid harm to her or hi m, with due regard to the circumstances of the case.
2. Diversion 11.1 Consideration shall be given, wherever appropriate, to dealing with juvenile offenders without resorting to formal trial by the competent authority, referred to in rule 14.1 below. 11.2 The police, the prosecution or other agencies dealing with juvenile cases shall be empowered to dispose of such cases, at their discretion, without recourse to formal hearings, in accordance with the criteria laid down for that purpose in the respective legal system and also in accordance with the principles contained in these Rules. 11.3 Any diversion involving referral to appropriate community or other services shall require the consent of the juvenile, or her or his parents or guardian, provided that such decision to refer a case shall be subject to review by a competent authority, upon application. 11.4 In order to facilitate the discretionary disposition of juvenile cases, efforts shall be made to provide for community programmes, such as temporary supervision and guidance, restitution, and compensation of victims.
3. Detention pending trial 13.1 Detention pending trial shall be used only as a measure of last resort and for the shortest possible period of time. 13.2 Whenever possible, detention pending trial shall be replaced by alternative measures, such as close supervision, intensive care or placement with a family or in an educational setting or home. 13.3 Juveniles under detention pending trial shall be entitled to all rights and guarantees of the Standard Minimum Rules for the Treatment of Prisoners adopted by the United Nations. 13.4 Juveniles under detention pending trial shall be kept separate from adults and shall be detained in a separate institution or in a separate part of an institution also holding adults. 13.5 While in custody, juveniles shall receive care, protection and all necessary individual assistance - social, educational, vocational, psychological, medical and physical - that they may require in view of their age, sex and personality.
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PART THREE: ADJUDICATION AND DISPOSITION
1. Competent authority to adjudicate 14.1 Where the case of a juvenile offender has not been diverted (under rule 11), she or he shall be dealt with by the competent authority (court, tribunal, board, council, etc.) according to the principles of a fair and just trial. 14.2 The proceedings shall be conducive to the best interest of the juvenile and shall be conducted in an atmosphere of understanding, which shall allow the juvenile to participate there in and to express herself or himself freely.
2. Legal counsel, parents and guardians 15.1 Throughout the proceedings, the juvenile shall have the right to be represented by a legal adviser or to apply for free legal aid, where there is provision for such aid in the country. 15.2 The parents or the guardian shall be entitled to participate in the proceedings and may be required by the competent authority to attend them in the interest of the juvenile. They may, however, be denied participation by the competent authority if there are reasons to assume that such exclusion is necessary in the interest of the juvenile.
3. Social enquiry reports 16.1 In all cases except those involving minor offences, before the competent authority renders a final disposition prior to sentencing, the background and circumstances in which the juvenile is living or the conditions under which the offence has been committed shall be properly investigated so as to facilitate judicious adjudication of the case by the competent authority.
4. Guiding principles in adjudication and disposition 17.1 The disposition of the competent authority shall be guided by the following principles: ( a ) The reaction taken shall always be in proportion, not only to the circumstances and the gravity of the offence, but also to the circumstances and the needs of the juvenile as well as to the needs of the society; ( b ) Restrictions on the personal liberty of the juvenile shall be imposed only after careful consideration and shall be limited to the possible minimum; ( c ) Deprivation of personal liberty shall not be imposed unless the juvenile is adjudicated of a serious act involving violence against another person or of persistence in committing other serious offences and unless there is no other appropriate response; ( d ) The well-being of the juvenile shall be the guiding factor in the consideration of her or his case. 17.2 Capital punishment shall not be imposed for any crime committed by juveniles.
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17.3 Juveniles shall not be subject to corporal punishment. 17.4 The competent authority shall have the power to discontinue the proceedings at anytime.
5. Various disposition measures 18.1 A large variety of disposition measures shall be made available to the competent authority, allowing for flexibility so as to avoid institutionalization to the greatest extent possible. Such measures, some of which may be combined, include: ( a ) Care, guidance and supervision orders; ( b ) Probation; ( c ) Community service orders; ( d ) Financial penalties, compensation and restitution; ( e ) Intermediate treatment and other treatment orders; ( f ) Orders to participate in group counselling and similar activities; ( g ) Orders concerning foster care, living communities or other educational settings; ( h ) Other relevant orders. 18.2 No juvenile shall be removed from parental supervision, whether partly or entirely, unless the circumstances of her or his case make this necessary.
6. Least possible use of institutionalization 19.1 The placement of a juvenile in an institution shall always be a disposition of last resort and for the minimum necessary period.
7. Avoidance of unnecessary delay 20.1 Each case shall from the outset be handled expeditiously, without any unnecessary delay.
8. Records 21.1 Records of juvenile offenders shall be kept strictly confidential and closed to third parties. Access to such records shall be limited to persons directly concerned with the disposition of the case at hand or other duly authorized persons. 21.2 Records of juvenile offenders shall not be used in adult proceedings in subsequent cases involving the same offende
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VI. CHILDREN IN CONFLICT WITH THE LAW - (REFERENCE: DEPARTMENT OF SOCIAL WELFARE MANUAL)
1. Administration of juvenile justice The administration of juvenile justice is governed by the Code of Criminal Procedure 1960, (Act 30). Section 341 of the Act specifies that no court of summary jurisdiction other than a juvenile court shall hear any charge against a juvenile who by that Code is a child under the age of 17 years. Act 459, the Courts Act 1993 designated community tribunals as courts to try juvenile cases and provides that the community tribunals must include a social welfare officer. This is being queried by the Department of Social Welfare as it is potentially a fusing of judicial and executive powers. This reform means that now juvenile courts are available at district level rather than at regional level. Section 344 of the Code of Criminal Procedure provides that when a juvenile must be remanded, he can be committed to the care of his parents, guardians or any fit person, a relative or otherwise, or a remand home for juveniles. Ghana has nine remand homes.
2. Sentencing of juveniles The juvenile in conflict with the law may also be committed to a borstal institution or industrial school where facilities are available for education, counselling and reformation. In this case, the juvenile is detained for three years. Release in under three years is by executive review. In terms of justice, this may mean that a juvenile receives a longer sentence than he would if he were an adult. This has led to some juveniles claiming to be adults. Article 15 (4) of the Constitution prohibits juveniles from being imprisoned with adults. Where children are committed to these institutions, parents and family members are encouraged to visit and help children to reform. This aspect is not easily achieved when the parents themselves are the victims of the children’s offence. A positive aspect of the Ghanaian family system is the willingness of members to take on and help with the upbringing of difficult children of other members of the family. As a result, only very few difficult children find themselves institutionalized or detained. At present the number is less than 100. Even so, efforts are being made by the Department of Social Welfare to improve the probation system to the level where juveniles will no longer need to be remanded. The law of the country prohibits sentencing juveniles to imprisonment (Act 346, subsection 2, Code of Criminal Procedure 1960). In addition, the law provides that the death sentence cannot be pronounced against a juvenile offender. Through the probation system and the establishment of the Borstal and industrial institutions, juvenile delinquents receive instruction and counselling for their reformation. These include social, physical, religious, educational and welfare activities undertaken mainly by social workers.
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VII. UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD (CRC) - COMMITTEE ON THE RIGHTS OF THE CHILD - GENERAL COMMENT NO. 21 (2017) ON CHILDREN IN STREET SITUATIONS
Terminology: In the past, the terms used to describe children in street situations have included “street children”, “children on the street”, “children of the street”, “runaway children”, “throwaway children”, “children living and/or working on the street”, “homeless children” and “street-connected children”. In the present general comment, the term “children in street situations” is used to comprise: (a) children who depend on the streets to live and/or work, whether alone, with peers or with family; and (b) a wider population of children who have formed strong connections with public spaces and for whom the street plays a vital role in their everyday lives and identities. This wider population includes children who periodically, but not always, live and/or work on the streets and children who do not live or work on the streets but who regularly accompany their peers, siblings or family in the streets. Concerning children in street situations, “being in public spaces” is understood to include spending a significant amount of time on streets or in street markets, public parks, public community spaces, squares and bus and train stations. It does not include public buildings such as schools, hospitals or other comparable institutions.
Key observations There are different approaches used with respect to children in street situations, sometimes in combination. They include a child rights approach, whereby the child is respected as a rights holder and decisions are often made with the child; a welfare approach, involving the “rescue” of children perceived to be an object or victim from the street and whereby decisions are made for the child without serious consideration for her or his views; and a repressive approach, whereby the child is perceived to be a delinquent. The welfare and repressive approaches fail to take into account the child as a rights holder and result in the forcible removal of children from the streets, which, further violates their rights. Indeed, claiming that welfare and repressive approaches are in the best interests of the child does not make them rights based. To apply the Convention, it is essential to use a child rights approach. Children in street situations are not a homogenous group. Characteristics are diverse in terms of age, sex, ethnicity, indigenous identity, nationality, disability, sexual orientation and gender identity/expression, among others. This diversity implies different experiences, risks and needs. The nature and time spent physically on the street varies significantly from child to child, as does the nature and extent of relationships with peers, family members, community members, civil society actors and public authorities. Children’s relationships can help them survive on the streets and/or perpetuate conditions of violent abuse of their rights. Children engage in a range of activities in public spaces, including work, socialization, recreation/leisure, shelter, sleeping, cooking, washing and engaging in substance abuse or sexual activity. Children may engage in such activities voluntarily, through lack of viable choices or through coercion or force by other children
Social Welfare | Part Two 420 Part 2: Social Welfare or adults. Children may conduct these activities alone or in the company of family members, friends, acquaintances, gang members, or exploitative peers, older children and/or adults. Causes, prevalence and experiences of children in street situations differ within and between States. Inequalities based on economic status, race and gender are among the structural causes of the emergence and exclusion of children in street situations. These are exacerbated by material poverty, inadequate social protection, poorly targeted investment, corruption and fiscal (tax and expenditure) policies that reduce or eliminate the ability of poorer people to move out of poverty. Abrupt destabilization, caused by conflict, famine, epidemic, natural disaster or forced eviction, or events leading to displacement or forced migration, further compound the effects of structural causes. Other causes include: violence, abuse, exploitation and neglect at home or in care or educational (including religious) institutions; the death of caregivers; child relinquishment (including through HIV/AIDS); unemployment of caregivers; precarious families; family breakdown; polygamy; exclusion from education; substance abuse and mental ill-health (of children or families); intolerance and discrimination, including against children with disabilities, children accused of witchcraft, former child soldiers rejected by families and children cast out from families as a result of questioning their sexuality or identifying as lesbian, gay, bisexual, transgender, intersex or asexual; and families’ inability to accept children’s resistance to harmful practices, such as child marriage and female genital mutilation. To comply with obligations under the Convention, States are urged to adopt holistic and long- term strategies and make the necessary budget allocations for children in street situations. Strategies for children in street situations should acknowledge State and non-State actors. States have an obligation to help parents or caregivers to secure, within their abilities and financial capacities and with respect for the evolving capacities of the child, the living conditions necessary for the child’s optimal development (arts. 5, 18 and 27). States should also support civil society, as complementary actors, in providing personalized, specialist services for children in street situations on the basis of a child rights approach, through funding, accreditation and regulation. The business sector must meet its responsibilities regarding children’s rights, and States should ensure it does so. Coordination is needed between State and non-State actors. States are legally obliged to ensure that non-State service providers operate in accordance with the provisions of the Convention. Within a legislative and policy framework, budgeting for, developing and strengthening holistic child protection systems, on the basis of a child rights approach, forms the basis of the practical measures required for prevention and response strategies. Such national child protection systems need to reach children in street situations and should incorporate fully the specific services they need. The systems need to provide a continuum of care across all relevant contexts, including prevention, early intervention, street outreach, helplines, drop-in centres, day-care centres, temporary residential care, family reunification, foster care, independent living or other short- or long-term care options. States should invest in good quality initial and in-service basic training on child rights, child protection and the local context of children in street situations for all professionals who may come into direct or indirect contact with children in street situations, in such areas as policymaking, law
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Service Provision States should take action to secure the ability of children in street situations to gain access to basic services such as health and education, and to justice, culture, sport and information. States should ensure their child protection systems provide for specialized services on the street, involving trained social workers with good knowledge of local street connections and who can help children reconnect with family, local community services and wider society. This does not necessarily imply that children should renounce their street connections, but rather, the intervention should secure their rights. Prevention, early intervention and street-based support services are mutually reinforcing elements and provide a continuum of care within an effective long-term and holistic strategy. While States are the primary duty bearers, civil society activities may complement States’ efforts in developing and delivering innovative and personalized service provision.
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Part 2: Social Welfare
REPUBLIC OF GHANA
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