PRH 805: LEGAL & ETHICAL ISSUES IN

REPRODUCTIVE HEALTH

GROUP 1 ASSIGNMENT 3

MEMBERS:

MERCY MWANGI

MASWEU MABOLE

FLORENCE MURAYA

EDWIN SIMIYU
 UNITED NATIONS CONVENTION ON THE
RIGHTS OF THE CHILD
• The United Nations General Assembly adopted the convention on the rights of the child in November 1989
(UNICEF, 2020) to advance children welfare in member States. Child rights conventions outlined in the treaty
promote the wellbeing and growth of children globally.
• The (CRC) is the most comprehensive treaty on the rights of the child, and defines children in Article 1 as
“every human being below the age of eighteen years, unless under the law applicable to the child, majority is
attained earlier.”
• The CRC focuses on four aspects of children’s rights: (1) participation by children in decisions affecting them;
(2) protection of children against discrimination, neglect and exploitation; (3) prevention of harm to children;
and (4) provision for children’s basic needs.
• Areas of special concern with respect to the rights of children include, the right to freedom from sexual
exploitation, child labor, children in armed conflict, education, children within the context of criminal law.
• The Convention on the Rights of the Child builds on four general principles:
• Non-discrimination
• Best interests of the child,
• Child’s right to survival and development
• Child’s opinion.

Children shall be the object of special respect and shall be protected against any form of indecent assault. The Parties
to the conflict shall provide them with the care and aid they require, whether because of their age or for any other
reason.
 UNITED NATIONS CONVENTION ON THE
RIGHTS OF THE CHILD (CRC)
• IMPLEMENTATION
“Every human being below the age of eighteen years, unless under the law applicable to the child, majority is
attained earlier.”
• This has been adopted in the definition as in the Kenyan 2010 constitution where anyone below 18yrs is classified
as child. However in various applications there are areas where the same 0-17yrs are broken down with varied
definitions. Labor law defines a child as being 0-16. In some countries Girls are allowed to engage and or consent
for sex at 16yrs while males 17. (inequity)
• The definition vary from country to country depending on their domestic laws/ constitution which is held as
supreme while some countries have not yet ratified this convention.
 PARTICIPATION BY CHILDREN IN DECISIONS
AFFECTING THEM; IMPLEMENTATION
• The Kenyan government has started this at school level where every school has its students leadership-Cabinet
with equal representation of gender. In these forums pupils discuss their own issue without influence of
administration. However, cascading of issues from discussion up to the national level still remains a challenge as
there is no clear structures to facilitate.
• The Government has also put in place policies eg National Adolescent Reproductive Heath policy to guide
implementation of these services.
• Like in other developing countries, such policies are in place but are yet to be fully implemented due to deep
social, cultural religious and economic issues
CHILDREN’S RIGHTS IN JUVENILE JUSTICE: CHILDREN WITHIN THE
CONTEXT OF CRIMINAL LAW.

• The UN has tried to encourage States parties to develop and implement a comprehensive juvenile justice policy to
prevent and address juvenile delinquency based on and in compliance with CRC. (An out of court settlement)
• In Uganda the age of majority is 18 years. However age determination and terminology used in reference to a child
differs from statute to statute. A child from the age of 7 to 12 years is criminally liable if it can be proved that
he/she knew the act was wrong and ought not have done it. This is the case with other developing countries.
• During periods of conflict the rule of law is hardly applied nor monitored hence children rights are easily violated.
 NON-DISCRIMINATION (ART. 2) 6
• States parties have to take all necessary measures to ensure that all children in conflict with the law are treated
equally. Vulnerable groups of children, such as street children, children belonging to racial, ethnic, religious or
linguistic minorities, indigenous children, girl children, children with disabilities and children who are repeatedly in
conflict with the law should not be discriminated.
• Kenya has made basic education compulsory for all with 100% transition to secondary and also provides support for
special needs schools. Girls who dropout of schools due to early pregnancies are also allowed to rejoin schools after
child birth. Through collaboration with other stakeholders, rehabilitation centers have been setup to cater for street
children and those under substance abuse.
• Within the bill of rights in the 2010 constitution of Kenya, the state, other agencies and family members have the
responsibility of supporting the disabled through social securities. Within the same constitution, minority groups have
special allocations to be represented at places of employment.
• Implementation of this article still remains a challenge due to social and cultural beliefs hence majority of these
vulnerable children are locked up in the villages and are never brought to the public to exploit their potential
INTERNATIONAL LABOR ORGANIZATION
MINIMUM AGE CONVENTION ILO138 1973
• The minimum age specified shall not be less than the age of completion of compulsory
schooling and, in any case, shall not be less than 15 years.
• A member state whose economy and educational facilities are insufficiently developed
may, after consultation with the organizations of employers and workers concerned, where
such exist, initially specify a minimum age of 14 years.
• Most developing countries have made minimal advancements towards eliminating the
worst forms of child labor. Congo, for example, despite having ratified all key international
conventions concerning child labor and having established institutional mechanisms for the
enforcement of laws concerning child labor, children there engage in the worst forms of
child labor, including the forced mining of gold and are used in armed conflict.
 C182 - WORST FORMS OF CHILD LABOUR CONVENTION, 1999
(NO. 182)

• Considering that the effective elimination of the worst forms of child labor requires immediate and comprehensive
action, taking into account the importance of free basic education and the need to remove the children concerned
from all such work and to provide for their rehabilitation and social integration while addressing the needs of their
families.
• Article 2-For the purposes of this Convention, the term child shall apply to all persons under the age of 18.
• Article 3-For the purposes of this Convention, the term the worst forms of child labor comprises:
(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 labor, including forced or compulsory recruitment of children for use in armed
conflict;
C182 - WORST FORMS OF CHILD LABOR CONVENTION, 1999
(NO. 182)IMPLENTATION
• Article 2
• For the purposes of this Convention, the term child shall apply to all persons under the age of 18.
• Most countries have their own definition of a child in regards to involvement or engagement in labor related
activities. In most developing countries, every family member has to contribute to the income or provision of food
for the family hence children are involved in cultivation of farms, taking care of livestock and even take care of
their siblings and participation in such activities are believed to be a training to take up such responsibilities. This
makes it difficult for developing countries to implement such laws to the latter
 C182 - WORST FORMS OF CHILD LABOUR CONVENTION, 1999 (NO. 182)

• Considering that the effective elimination of the worst forms of child labor requires immediate and comprehensive
action, taking into account the importance of free basic education and the need to remove the children concerned
from all such work and to provide for their rehabilitation and social integration while addressing the needs of their
families.
• Implementation of these vary from country to country due to the socioeconomic demands. Some countries who
apply strict religious laws where even girls are not allowed to go to school or appear in public places. Children also
in conflict prone areas/emergency situations and refugees are disadvantaged as they are discriminated upon by host
governments who either do not offer any form of education or if they do its offered by unqualified teachers. Also
due to life demands children are forced into child labour. The government has put in place social protection
measures to support the vulnerable i.e disabled
C182 - WORST FORMS OF CHILD LABOR CONVENTION, 1999
(NO. 182)
Article 3
• For the purposes of this Convention, the term the worst forms of child labor comprises:
• (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 labor, including forced or compulsory recruitment of children for use in armed conflict; pornography
production, drug production/trafficking, any work that harms health safey or morals of children
• Kenya has included the sexual offenses act in the 2010 constitution which caters for all sexual offences including prostitution and
child trafficking. The government too has put in place special police units and desks to handle issue of children and sexual
offences affecting children. Despite all these, children have been seen engaging in such activities especially along the coastline
and major cities
• With the help of international courts of justice, Military/militia leaders from developing countries have been prosecuted and
charged for their recruitment of children in to the military. However, this still remains a challenge in developing countries due to
political influence where culprits are protected from being extradited to face such charges. Also some of the countries in the first
place do not have database/registration on the dates of births for the children hence no one can give with precision the age of an
individual. In the 2010 constitution of Kenya, every child must be registered-have birth certificate.
 C182 - WORST FORMS OF CHILD LABOR
CONVENTION, 1999 (NO. 182)

• Article 4
• The types of work referred to under Article 3(d) shall be determined by national laws or regulations or by the
competent authority, after consultation with the organizations of employers and workers concerned, taking into
consideration relevant international standards, in particular Paragraphs 3 and 4 of the Worst Forms of Child Labor
Recommendation, 1999.Implementation of issues under this convention shall be determined/governed by
individual countries
 PROTECTION OF CHILDREN
• The Parties to the conflict shall take all feasible measures in order that children who have not attained the age of
fifteen years do not take a direct part in hostilities and, in particular, they shall refrain from recruiting them into
their armed forces. In recruiting among those persons who have attained the age of fifteen years but who have not
attained the age of eighteen years, the Parties to the conflict shall endeavor to give priority to those who are oldest.
• If Children who have not attained the age of fifteen years take a direct part in hostilities and fall into the power of
an adverse Party, they shall continue to benefit from the special protection accorded by this Article, whether or not
they are prisoners of war.
• If arrested, detained or interned for reasons related to the armed conflict, children shall be held in quarters separate
from the quarters of adults, except where families are accommodated as family units as provided in Article 75.
The death penalty for an offence related to the armed conflict shall not be executed on persons who had not
attained the age of eighteen years at the time the offence was committed.
 RIGHTS OF THE CHILD TO BE PROTECTED FROM EXPLOITATION

• Adopted and opened for signature, ratification and accession by General Assembly resolution A/RES/54/263 of 25
May 2000 entered into force on 18 January 2002
Article 1
• States Parties shall prohibit the sale of children, child prostitution and child pornography as provided for by the
present Protocol. Based on the Brazilian Penal Code, it is a crime to benefit or profit from the prostitution of a third
party, which is punished with up to four years in prison and a fine and if the victim is older than fourteen and less
than eighteen years of age, or if the perpetrator is the victim’s ancestor, descendant, spouse, partner, sibling, tutor,
guardian, or a person responsible for the minor’s education, treatment, or custody, the punishment is increased to
up to six years in prison and a fine. If violence or a serious threat is used, the punishment increases to up to eight
years and a fine, plus the corresponding punishment for the violent acts.
 CONSTITUTION OF KENYA
CHAPTER 4 PART3 ARTICLE 53. CHILDREN

(1) Every child has the right --

• (a) to a name and nationality from birth;
(b) to free and compulsory basic education;
(c) to basic nutrition, shelter and health care;
(d) to be protected from abuse, neglect, harmful cultural practices, all forms of violence, inhuman treatment and
punishment, and hazardous or exploitative labor;
(e) to parental care and protection, which includes equal responsibility of the mother and father to provide for the
child, whether they are married to each other or not; and
(f) not to be detained, except as a measure of last resort, and when detained, to be held –
• (i) for the shortest appropriate period of time; and
(ii) separate from adults and in conditions that take account of the child’s sex and age.
• (2) A child’s best interests are of paramount importance in every matter concerning the child.
PROTECTION FROM ABUSE

• Article nineteen states that States shall take 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, including sexual abuse, while in
the care of parent(s), legal guardian(s) or any other person who has the care of the child.
• Organizations such as UNICEF have collaborated with developing countries to end practices that
infringe on the rights of children. In Kenya and Uganda, UNICEF has introduced programs to end
female genital mutilation, child marriages, and protection of children from sexual and physical abuse
by guardians.
• UNICEF provides counselling and care to children who have undergone harmful practices, rape and
rescues child brides in developing countries through partnership with government agencies.
 CHILDREN WITH DISABILITIES

• Article 23 provides that States recognize that a mentally or physically disabled child should enjoy a full and
decent life, in conditions, which ensure dignity, promote self-reliance, and facilitate the child's active
participation in the community.
• There are colleges that train teachers to teach children with disabilities such as blindness, deafness to ensure
they have access to good education and enjoy quality life.
• This has also been implemented in the public and private work environments where, owners of buildings are
required to consider people with physical disability. People with wheelchairs should be able to access
buildings hence; public places do not only have staircases but also ways for people with physical disability to
have access.
• Developing countries are also promoting mental health for persons through establishment of mental
institutions. Kenya has a large mental institution that caters for both children and adults to provide care and
treatment.
• However, there are still many children with disabilities that have not been reached especially in the rural
regions
RIGHT TO INFORMATION

• Article seventeen states that children have a right to access information that is beneficial
to them through TV, radio, newspapers and social media.
• Some developing countries have introduced computer studies in their curriculums to
teach children how to access information, learn through social interaction and the
internet.
RIGHT TO AN IDENTITY

• Children are entitled to a name, legally registered with the government and a nationality.
Further they must have the right to an identity in the form of public record. This ensures
national support as well as access to social services.
• In Mozambique, citizenship is obtained by birth and there is a legal obligation to register
the birth of the child though these registrations are not always obtained and that is a
similarity in a number of developing countries. Birth registrations are delayed in rural
places.
REFERENCES

https://ijrcenter.org/thematic-research-guides/childrens-rights/
https://
ihldatabases.icrc.org/applic/ihl/ihl.nsf/Article.xsp?action=openDocument&documentId=8F7D6B2DEE119FBAC12563CD0
051E0A2
https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO::P12100_INSTRUMENT_ID:312283
https://www.ilo.org/dyn/normlex/en/f?p=NORMLEXPUB:12100:0::NO:12100:P12100_INSTRUMENT_ID:312327:NO
https://www.ohchr.org/EN/ProfessionalInterest/Pages/OPSCCRC