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Table 1 Children’s human rights framework

From: Models of care for orphaned and separated children and upholding children’s rights: cross-sectional evidence from western Kenya

Rights of the Child Manifestation Indicators Observations in UG County Kenya
Article 7: The child shall be registered after birth and have the right from birth to a name and nationality, the right to know and be cared for by his or her parents. • Name and nationality • Birth Certificate Knowledge of family and interaction/regular contact with family • Extremely difficult to obtain birth certificates for children in family-based and institutional care.
• Most children have knowledge of their family in institutional care
Article 8: Right to preserve identity, including nationality, name and family relations • Name and kinship • Family Connections Programs • Family connections important component of institutional and community-based care programming
• Knowledge and memories of personal and family origin
Article 14: Right to freedom of thought, consciences and religion • Flexibility/space for child’s exploration and expression of different views • Policy on participation in religious activities • Compulsory religious education at half of the institutions
• Many institutions are faith-based organizations
Article 17: Right to information • Ability of the child to access information and knowledge • Presence of books • Books rarely available in family-based settings
• Information and education on HIV prevention • Both families and institutions provide HIV prevention education
• Knowledge of parental/family history • Children in families and institutions have knowledge of family history
Article 19: Right to be protected from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation • Protected from any form of maltreatment from caregiver(s) • The use of corporal punishment to enforce discipline • Families mainly use corporal punishment as discipline and some institutions; yet it is against the Kenyan constitution
Article 24: Right to health • Accessible healthcare • Health insurance • Children in family-based and institutional care are rarely medically insured
Article 27: Right to a standard of living adequate for the child’s physical, mental, spiritual, moral and social development • Adequate protection from the elements • Type of shelter • Institutions more likely to provide basic material needs than families
• Secure dwelling • Possessing at least one pair of shoes, one blanket, 2 pairs of non-school clothing
• Lower standards of living in family-based care in comparison to institutions
• Basic material needs
• Children lack their own mattress, private cabinet, and blankets in family-based care
• Private cabinet
Article 28: Right to Education School planning and participation • School attendance • Majority of school-aged children attending school in both families and institutions
Article 31: Right to rest and leisure, to engage in play and recreational activities • Flexibility/space for child to play and engage in recreational activities • Scheduled leisure time • Toys and games rarely available to children living in family-based care
• Access to toys, games • Both institutions and families have space or facilities for sports.
• Space or facilities for sports • Lack of scheduled leisure time for children in family-based care
• Access to equipment
Article 32: Right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child’s education • Protection from child labour and excessive work • Household tasks that children assist with • Children in family-based care assist with many household tasks including firewood and water collection and income generating activities which may interfere with a child’s education as these tasks maybe time consuming.