Understanding Kinship Care of Children in Africa : A Family Environment or an Alternative Care Option?

Cover -- Title Page -- Table of Contents -- Preface -- Acknowledgements -- Abbreviations -- 1 Introduction -- 1.1 Background -- 1.2 Kinship Care in Law, Policy and Practice -- 1.3 Kinship Care in an African Context -- 1.4 Method and Approach -- 1.5 Scope and Limitations -- 1.6 Structure -- 1.7 Glossary/Definition of Terms -- 2 Kinship Care of Children in Africa: The Underlying Context -- 2.1 Introduction -- 2.2 Kinship Systems and the Extended Family in Africa: Historical Perspectives -- 2.2.1 Marriage and Children: The Basis of African Kinship Systems and Family Environment -- 2.2.2 Kinship Responsibilities for the Care of the Child in Traditional African Societies -- 2.2.3 Kinship and the Responsibilities of the Child -- 2.3 The Family in International Law -- 2.3.1 The 'Right to a Family': Definitional Issues -- 2.3.2 Existing and Changing Family Forms and Functions -- 2.3.3 Contemporary Issues Affecting the Family: Focus on Africa -- 2.4 Kinship Care and Children's Familial Rights: The Relationship between Family and States Parties' Obligations -- 2.4.1 The Right to Preservation of Identity: Name, Nationality and Knowledge of and Care by the Child's Parents -- 2.4.2 Parental Direction and Guidance -- 2.4.3 Parental Responsibility -- 2.4.4 The Rights to Social Security and an Adequate Standard of Living -- 2.4.4.1 The Relationship between Children's Rights to Social Security and an Adequate Standard of Living -- 2.4.4.2 Children's Rights to Social Security and an Adequate Standard of Living under the ACRWC -- 2.4.4.3 Social Security and Adequate Standard of Living: States Parties' Obligations -- 2.5 Conclusions -- 3 The International and African Regional Legal Framework for the Right to Alternative Care -- 3.1 Introduction -- 3.2 Before the Convention on the Rights of the Child and the African Children's Charter.

3.2.1 The Geneva Declaration of the Rights of the Child (1924) -- 3.2.2 The Declaration of the Rights of the Child (1959) -- 3.2.3 The Declaration on Social and Legal Principles Relating to the Protection and Welfare of Children, with Special Reference to Foster Placement and Adoption Nationally and Internationally (1986) -- 3.2.4 The Declaration on the Rights and Welfare of the African Child (1979) -- 3.3 The Convention on the Rights of the Child -- 3.4 The African Charter on the Rights and Welfare of the Child -- 3.5 General Principles of the CRC and the African Children's Charter and the Right to Alternative Care -- 3.5.1 Non-Discrimination -- 3.5.2 The Best Interests of the Child -- 3.5.3 Life, Survival and Development -- 3.5.4 The Right of the Child to Be Heard (Child Participation) -- 3.6 The Right to Alternative Care: Analysis of Articles 20 of the CRC and 25 of the ACRWC -- 3.6.1 Family Environment -- 3.6.2 Children Deprived of a Family Environment -- 3.6.3 Special Protection and Assistance -- 3.6.4 The Best Interests of the Child and Continuity in Upbringing -- 3.6.5 Alternative Care -- 3.6.5.1 Foster Care -- 3.6.5.2 Kafalah of Islamic Law -- 3.6.5.3 Adoption -- 3.6.5.4 Institutional or Residential Care (Placements) -- 3.7 Conclusions -- 4 The Conceptualisation of Kinship Care -- 4.1 Introduction -- 4.2 Conceptualising Kinship Care as Alternative Care -- 4.2.1 The United Nations Guidelines for the Alternative Care of Children: International Framework for the Recognition of Kinship Care -- 4.2.1.1 Residential Care for Children under 3 Years -- 4.2.1.2 The Goal of Deinstitutionalisation -- 4.2.1.3 Broadening the Scope of Alternative Care -- 4.2.2 Forms of Alternative Care under the UN Guidelines -- 4.2.3 The Relationship between Informal Alternative Care and Formal Alternative Care -- 4.3 Kinship Care: Definition, Forms, Nature and Prevalence.

4.3.1 Benefits of Kinship Care -- 4.3.2 Challenges or Risks associated with Kinship Care -- 4.4 The Relationship between Kinship Care and Foster Care -- 4.4.1 The Relationship between Kinship Care and Foster Care: General Background -- 4.4.2 The Relationship between Kinship Care and Foster Care: African Context -- 4.5 Framework for Delineating Kinship Care Models and Their Intersections with Foster Care in the Child Protection System -- 4.5.1 Private Kinship Care -- 4.5.2 Informal Kinship Care -- 4.5.3 Formal Kinship Care -- 4.6 Conclusions -- 5 The Status of Kinship Care in Domestic Legislation and Linkages with Social Assistance Provisioning -- 5.1 Introduction -- 5.2 The Right to Alternative Care: Constitutional Provisions -- 5.2.1 Constitution of the Republic of South Africa (1996) -- 5.2.2 Constitution of the Republic of Namibia (1990) -- 5.3 Child-Specific Legislation: Focus on the Status of Kinship Care in relation to Foster Care -- 5.3.1 South African Children's Act (2005) -- 5.3.2 Namibia's Draft Child Care and Protection Bill (2012) -- 5.4 Kinship Care and Social Assistance -- 5.4.1 South Africa -- 5.4.1.1 The Child Support Grant (CSG) -- 5.4.1.2 The Foster Child Grant (FCG) -- 5.4.2 Namibia -- 5.4.2.1 The State Maintenance Grant (SMG) -- 5.4.2.2 The Foster Parent Grant (FPG) -- 5.4.2.3 The Short-Term Emergency Grant or Assistance in Kind -- 5.5 Conclusions -- 6 Conclusions and Recommendations -- 6.1 Introduction -- 6.2 Kinship Care: The Transition from a Traditional Family Environment to Alternative Care -- 6.2.1 Kinship Care: Status in International and Regional Law and Policy -- 6.2.2 Kinship Care: Conceptualisation as Alternative Care -- 6.3 Kinship Care: Status in National Legislation and Policy -- 6.3.1 Kinship Care: Comparisons with Foster Care -- 6.3.2 Kinship Care: Social Assistance Provisioning -- 6.4 Recommendations.

6.4.1 The Roles of the CRC Committee and the ACERWC -- 6.4.2 The Role of States Parties -- 6.4.3 Further Research and Data-Based Interventions -- 6.5 Final Remarks -- Bibliography -- About the Author.

The Comparative African Legal Studies series aims to profile research in the fields of children, youth, families, gender, disability, education, and socio-economic rights. It focuses on contemporary issues in African development, with human rights as a backdrop. In an era in which growing numbers of children face orphanhood, this volume could not be more relevant. It explores the legal and human rights dimensions of kinship care, the preferred alternative to parental care in the African context. With increasing debates and controversies around child care forms, such as foster care and the ever-growing need for State support, it becomes critical to determine whether kinship care is indeed alternative care or not. The book offers a unique coverage of the subject matter in a manner that is sophisticated, well informed, and balanced. (Series: Comparative African Legal Studies - Vol. 1).

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Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2024. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.