Child Protection

Why do we have a Child Protection Policy?

The Community Health Promotion Fund ( CHPF ) is committed to protecting children in the delivery of all our project activities. We recognize that children are usually the most vulnerable group in society. We are also aware that the risk of child abuse increases when programs and projects targeting middle- and low-income counties involve regular contact between humanitarian workers and children. Material imbalance and dependency increase children’s vulnerability. All people engaged in development cooperation are therefore obligated to care for and protect children. We declare our support for the Kenya’s children act and the United Nations Convention on the Rights of the Child1 and uphold commitment to protect minors from abuse and exploitation

2 . Accordingly, Community Health Promotion Fund ( CHPF ) is committed to protect children against emotional, physical, and sexual abuse, as well as any form of exploitation and neglect. Community Health Promotion Fund ( CHPF ) has a draft of Child Protection Policy to manage and reduce the risk of child abuse by all people who are involved in fulfilling our project activities. This policy outlines the guiding principles and practical measures, which we implement to prevent the abuse of children and vulnerable adults. Acknowledging the fact that it is not possible to eliminate the risk entirely, we do everything in our power to reduce the probability of the abuse of children and vulnerable adults.

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The main principles of our Child Protection

The main principles of our Child Protection Policy draft are the following:
 We are committed to Kenya’s and universal children’s rights and actively promote their recognition and adherence.
 We oppose any form of emotional, physical, and sexual abuse, as well as the neglect or exploitation of children.
 We actively protect children during all our project activities.
 We report and respond to any form of abuse within our project activities in accordance with the CHPF reporting procedures.
The CHPF expects all staff, doctors, and partners to internalize and comply with these principles.

Products offered by the child protection programme

Milestones

Non-Discrimination

One general principle as identified by the committee on the rights of the child is that all children should enjoy their rights and should never be subjected to any discrimination. “States parties shall respect and ensure the rights set forth in the present convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child’s parents or legal guardian, race, color, sex, language, religion, political or

Best interests of the child Children

Best interests of the child Children, especially when they are very young, are vulnerable and need special support to be able to enjoy their rights fully. How could children be granted equal rights and at the same time the necessary protection? “In all actions concerning children whether undertaken by public or private social welfare institution, courts of law, administrative authorities or legislative bodies, the best interest of the child shall be a primary consideration.”

The right to survival and development

The principle most directly related to children’s economic and social rights is formulated in the right to life article. “State parties shall ensure to the maximum extent possible the survival and development of the child.”

The views of the child

A crucial dimension of the convention is expressed through another principle, the one about respecting the views of the child. In order to know what is actually in the interest of the child it is logical to listen to him or her.

Target Group

-Children
-Parents and Gurdians
-Larger Community

Types of child abuse

Physical Abuse

Physical abuse occurs when a person purposefully injures or threatens to injure a child.

Emotional Abuse

Emotional abuse is persistent and severe emotional mistreatment. Emotional abuse attacks a child’s self-esteem.

Sexual Abuse

Sexual abuse occurs when someone involves a child in a sexual activity by using their power over them or taking advantage of their trust.

Neglect

Neglect is the extreme failure to provide a child with important aspects of care, including, but not limited to, protecting them from exposure to danger or the basic things needed for their growth and development.

Exploitation

According to the United Nations Convention on the Rights of the Child (UNCRC), every child has the right to be protected from economic exploitation.

Are you aware of this with regards to Kenya's child protection framework

Introduction

Kenya is a young nation; more than 40% of the county’s approximately 48 million population is under the age of fifteen. A 2010 national survey found that by the time they reach eighteen years of age, 73% of boys and 66% of girls experience physical violence, and 18% of boys and 32% of girls experience sexual violence. In addition, 32% of boys and about 26% of girls suffer emotional violence. Of these, 13% of girls and 9% of boys had experienced all three forms of violence. Of the women who fall victim to sexual violence as children, 30% become pregnant. The perpetrators of the violence vary depending on the form of violence. According to the survey,

[t]he most common perpetrators of sexual violence for females and males were found to be boyfriends/girlfriends/romantic partners comprising 47% and 43% respectively followed by neighbors, 27% and 21% respectively. Mothers and fathers were the most common perpetrator of physical violence by family members. For males, teachers followed by Police were the most common perpetrators of physical violence by an authority figure. Emotional violence for both females and males was most often inflicted by parents

Unfortunately, less than 10% of those who experienced physical, sexual, and/or emotional violence as children “actually received some form of professional help.”

Legal Framework

Kenya is a signatory to key international conventions that specifically aim to protect children from abuse and neglect. Kenya signed the 1989 Convention on the Rights of the Child (CRC) in January 1990 and ratified it in July of the same year. Among other things, the CRC states that

States Parties 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 a(s) or any other person who has the care of the child.
Such protective measures should, as appropriate, include effective procedures for the establishment of social programmes to provide necessary support for the child and for those who have the care of the child, as well as for other forms of prevention and for identification, reporting, referral, investigation, treatment and follow-up of instances of child maltreatment described heretofore, and, as appropriate, for judicial involvement

Kenya is also signatory to the Optional Protocol to the Convention on the Rights of the Child on the involvement of Children in Armed Conflict (Sept. 2000) and the Optional Protocol to the Convention to the Rights of the Child on the Sale of Child Prostitution and Child Pornography.

Kenya ratified the 1990 African Charter on the Rights and Welfare of the Child (ACRWC) in July, 2000. Like the CRC, the Charter calls for member states to “take specific legislative, administrative, social and educational measures to protect the child from all forms of torture, inhuman or degrading treatment and especially physical or mental injury or abuse, neglect or maltreatment including sexual abuse, while in the care of the child.

In 2001 Kenya enacted the Children Act to implement its obligations under the CRC and ACRWC. This was followed by a constitutional reform in 2010, which was “a major milestone for the children of Kenya, as [the new Constitution] recognizes some fundamental human rights, in keeping with the UNCRC, the ACRWC and other international and regional treaties. In addition, various other Kenyan laws include provisions aimed at advancing child rights and protecting children from abuse and neglect. These include the Prohibition against Female Genital Mutilation Act, the Employment Act, and the Sexual Offences Act, the Trafficking in Persons Act, the Penal Code, the Marriage Act, the Domestic Violence Act, the Evidence Act, the Basic Education Act, the Alcohol Drinks Control Act, and the Refugee Act.

A. Constitution of Kenya

In addition to the general rights and privileges accorded to children as members of Kenyan society, the 2010 Kenyan Constitution includes specific language aimed at protecting them from abuse and neglect, stating “[e]very child has the right. To be protected from abuse, neglect, harmful cultural practices, all forms of violence, inhuman treatment and punishment, and hazardous or exploitative labour. The Constitution also includes language requiring state institutions and government officials to “address the needs of vulnerable groups within society,” including children.

B. Children Act

This Act includes numerous provisions designed to protect children from abuse and neglect. It defines the term “child abuse” to include “physical, sexual, psychological and mental injury.”

1. Safeguards for the Rights and Welfare of Children

The Act makes the principle of the best interest of the child the primary driver of all decisions and actions involving children:

(1) In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.

(2) All judicial and administrative institutions, and all persons acting in the name of these institutions, where they are exercising any powers conferred by this Act shall treat the interests of the child as the first and paramount consideration to the extent that this is consistent with adopting a course of action calculated to—

(a) Safeguard and promote the rights and welfare of the child;

(b) Conserve and promote the welfare of the child;

(c) Secure for the child such guidance and correction as is necessary for the welfare of the child and in the public interest.