The Day of the African Child 30 years on, where are we now? Page 2: Adelaide Benneh Prempeh Advancing the Welfare of children in Ghana Page 18: Maria Mbeneka Child Marriage Page 22: Presentation Judge Fatoumata Dembélé Page 23: Diarra – Mali Euridce Baptista – Angola Page 24: CLA Role of the Law in Eliminating Child Marriage 2/10/21 ADVANCING THE WELFARE OF CHILDREN IN GHANA. Presented By: Adelaide Benneh Prempeh Managing Partner B&P ASSOCIATES 1 OVERVIEW u GHANAIAN HISTORICAL CONTEXT & BACKGROUND. u THE CHILD & FAMILY PROTECTION SYSTEM IN GHANA. u LEGAL FRAMEWORK. u LEGISLATIVE REFORM IN GHANA’S ADOPTION LAW. u ADVANCING CHILDREN’S RIGHTS FOR SUSTAINABLE DEVELOPMENT- EDUCATION. 2 1 2/10/21 I. GHANAIAN HISTORICAL CONTEXT & BACKGROUND 3 In the Ghanaian context “Best interests of the Child” will includes cultural perspective and respect for customary structure. Ø Extended family environment. Ø Benefits: Children are allowed to remain in a familiar environment, still connected with their natural family; safety net for children to receive support within family and community. Ø Challenges: Lack of an enforced legal regime to govern this type of “informal family arrangement” for more vulnerable children, as well as the inherent difficulty in monitoring such social arrangements, lends itself to corporal punishment, domestic violence, sexual abuse, sexual violence and exploitation, ritual servitude (Trokosi). 4 2 2/10/21 II. CHILD & FAMILY PROTECTION SYSTEM IN GHANA. 5 2013 International Social Service Report. Ø Weaknesses in the alternative care system/ fosterage. Ø Open adoption of children. Ø Child trafficking. 6 3 2/10/21 Technical Committee Recommendations: Ø Robust child protection framework; Ø Strong regulatory and supervisory institutions; Ø Licensing and accreditation of agencies; Ø Financing of residential facilities; and Ø Comprehensive Child and Family Framework. 7 Child & Family Welfare Policy 2015. Ø Comprehensive legal framework for child protection. Ø Recognition that there is a dichotomy between laws and community approaches. Ø Need for education and sensitization of communities. Ø After the launch of the Child and Family Welfare Policy in 2015 and the Justice for Children Policy in 2016, the Government of Ghana in collaboration with UNICEF embarked on a workforce strengthening initiative in 20 pilot districts. 8 4 2/10/21 Child & Family Welfare Policy 2015. Ø Building on district level learning, guidelines were developed to offer a framework of reference for continued implementation of the Child and Family Welfare Policy. Ø Foundation to Accession to the Hague Convention on The Protection & Cooperation in Respect of Intercountry Adoption 1993. 9 III. LEGAL FRAMEWORK 10 5 2/10/21 u United Nations Convention on the Rights of the Child, 1989 u African Charter on the Rights and Welfare of the Child, 1990 u The 1992 Constitution of the 4th Republic of Ghana u The Hague Convention of the Protection and Cooperation in respect of Intercountry Adoption, 1993 u The Children’s Act, 1998 (Act 560) u The Children’s (Amendment)Act, 2016 (Act 937) u Adoption Regulations, 2018 (LI 2360) 11 General Definition of Adoption Process whereby a person legally assumes the parenting of another, usually a child, from that person's biological or legal parent or parents. Ø Legal parent-child relationship. Ø Parental Responsibility of Adoptive Parents. Ø Termination of pre-existing legal rights with natural family. 12 6 2/10/21 Children’s Act, 1998 (Act 560) u Introduction of a formal framework for adoption. u ‘Best Interest’ principle & wishes of the child from the child’s perspective, if appropriate. u Parental consent to adoption and the child’s consent, if appropriate. u Effect of adoption on parental rights. u Disclosure of child’s heritage. 13 Children’s Act, 1998 (Act 560) (Cont.) u Court Jurisdiction – High Court, Circuit Court, Family Court. u Adoption Children Register. u Notification of travel. u Intercountry adoption in the best interest of the child. 14 7 2/10/21 IV. LEGISLATIVE REFORM IN GHANA’S ADOPTION LAW. 15 The Hague Convention on The Protection & Cooperation in Respect of Intercountry Adoption 1993. u Accession to The Hague Convention of 1993. u System of ‘Co-operation’ and Disclosure between Contracting States. u Role of Central Authorities. u Unified approach between Contracting States. u Priority on support of family placements. u Appropriate measures to prevent child abduction/ sale/ trafficking. u Intercountry adoption in the best interests of the child. 16 8 2/10/21 Children (Amendment) Act, 2016 (Act 937) u Incorporation of the Hague Convention on Intercountry Adoption. u Effective 1st January 2017. u Coherency and Accountability. u Accreditation of adoption agencies. u Case management processes to ensure child is adoptable. u Emphasis on Ghanaian placement/ Ghanaian PAPs. u Assessment and Matching of Prospective Adoptive Parents (PAPs). u Promotion of well being and best interest of the child/ 17 Institutions In Charge of Adoption: u Central Adoption Authority (CAA)(sole mandate for Adoption) u Adoption Secretariat u Adoption Board u Technical Committee 18 9 2/10/21 Institutions In Charge of Adoption: u All Adoption Agencies are to be “not–for-profit” organisations, accredited or authorized by the CAA. u Foreign Adoption Agencies require authorisation to operate in Ghana. u They serve as a liaison between the CAA and adoptive parents and are part of a regime for safe intercountry adoption. u An application for adoption is made through an accredited Adoption Agency. 19 Institutions In Charge of Adoption: u In protecting the child’s best interest, the law incorporates penalties for Adoption Agencies which act contrary to the Regulations. u Currently, the CAA has not yet accredited any Adoption Agency. u The Department of Social Welfare is the only State Adoption Agency facilitating adoptions in Ghana. 20 10 2/10/21 Future of Adoption In Ghana. u The Central Adoption Authority’s currently focused on assessing the applications of adoption agencies already received within the first quarter of 2021. u Accreditation of adoption agencies u A rigorous application process as dictated by the law in order to achieve accreditation. 21 Future of Adoption In Ghana. u CAA’s 2021 Action plan- undertaking community engagement on matters of adoption. u Ghana’s CAA oversees a well structured strong intercountry adoption system to guarantee safe intercountry adoption for the benefit of the child. 22 11 2/10/21 V. ADVANCING HUMAN RIGHTS OF CHILDREN FOR SUSTAINABLE DEVELOPMENT - EDUCATION 23 Introduction u On 16th June of every year, the African Union and its Member States observe the Day of the African Child (DAC). u It is celebrated in commemoration of the 16th June 1976 student uprising in Soweto, South Africa, where students who marched in protest against apartheid-inspired education, were brutally murdered. u The Day of the African Child is a day of pride, of recognition, and of a celebration of their rights. u However, we cannot fully rejoice unless every African child can join us. 24 12 2/10/21 Education of Children. Ghana’s Flagship Free SHS Program SDG Goal target 4-1: Free primary and Secondary School Education Ø Transformation of Ghana’s educational system, ushering in a higher quality learning experience with emphasis on science, mathematics and a strong sense of citizenship. Ø Introduction of the free Senior High School programme which has been in operation since 2017 in furtherance of the human rights guaranteed children by virtue of the 1992 Constitution of Ghana and SDG 4 Goals 25 Free SHS Policy Ø 2017 marked a switch to a free senior high school policy by eliminating the financial burdens parents face in paying their children's fees. Ø The Policy provides free public education for the Ghanaian child from basic to the senior high school level. 26 13 2/10/21 Free SHS Policy Ø In its first year of implementation, an 11% increase in enrolment into Senior High Schools. Ø An appreciable increase of school enrolment at the senior high school level. Ø Parity in access to education, with respect to the percentages of boys and girls going to school being almost identical. Ø Criteria for free Education Eligibility (Computerised School Selection & Placement System). 27 Free SHS Policy Ø Improved equity through implementation of mixed placements (private and public schools). Ø Double Track Intervention- accommodating more systems in the same facility to tackle issue of overcrowding and infrastructure deficit. Ø Intervention has now ceased for first and third years with plans to improve on infrastructure. 28 14 2/10/21 African Countries Offering Free Secondary School Education: u Ghana, 2017 u Kenya, 2008 u Tanzania, 2006 u The Gambia, 2015 u Uganda, 2011 29 Education for the Covid-19 Generation. u The Covid Challenge- u Global impact of Covid on the Education Sector- lockdowns, lapses & rapid move to digital education- • Transition of education by: u Investment and scaling up in digital infrastructure; u Strengthening of Tech-based solutions to prevent the widening of inequality gaps that are already in existence so that the African Child achieves his/ her utmost potential. u SDG- Goal 4- “ensure inclusive and equitable quality education and promote lifelong learning opportunities for all” 30 15 2/10/21 THANK YOU FOR LISTENING! ADELAIDE BENNEH PREMPEH [email protected] 31 16 DAY OF THE AFRICAN CHILD 30 YEARS ON- WHERE ARE WE NOW;ASPOTLIGHT ON CHILD MARRIAGE Maria Mbeneka – CLA Council Member (East Africa & Seychelles) 1 June 16th is Day of the African Child. It was first established by the Organization of African Unity in 1991 with a focus on the improvement in education. The CLA report on the Role of the Law in eliminating Child marriage in the Commonwealth 2018 considers the prevalence of child marriage within the 52 member states of the Commonwealth and how the Commonwealth is implicated in the wider global context of child marriage, with a specific focus on the role and status of domestic and international law in eliminating child marriage in the Commonwealth.