Convention on the Rights of the Child - 1989

The UN Convention on the Rights of the Child (UNCRC) consists of 54 articles that cover all aspects of a child’s life, outlining their civil, political, economic, social, and cultural rights. The convention is universal, meaning these rights apply to every child, and it entitles every child to claim them. It also explains how adults and governments must work together to ensure all children can enjoy these rights.

Adopted by the United Nations on November 20, 1989, the UNCRC has been ratified by 196 countries around the world.

The preamble of the UNCRC emphasizes that, for the full and harmonious development of a child’s personality, they should grow up in a family environment filled with happiness, love, and understanding.

Article 9 of the UNCRC states that States Parties shall ensure that a child is not separated from their parents against their will, except when competent authorities, subject to judicial review, determine that such separation is necessary for the child's best interests, in accordance with applicable laws and procedures.

Many countries have reinforced this right through their national legislation. For instance, Tanzania's Children Act enshrines these principles. Additionally, the Tanzanian Children Act mandates that "staff of an approved residential home or institution, social welfare officers, and any other persons responsible for the maintenance of a child must assist in reuniting the child with their parents, guardians, or relatives." (Article 137)

UN Guidelines for the Alternative Care of Children - 2010

The Guidelines for the Alternative Care of Children were endorsed by the United Nations General Assembly on November 20, 2009. They aim to enhance the implementation of the Convention on the Rights of the Child.

These guidelines are designed for widespread dissemination among all sectors directly or indirectly involved with issues related to alternative care. They specifically seek to:

(a) Support efforts to keep children with their families or, if that is not possible, to find another appropriate and permanent solution, including adoption and kafala under Islamic law;

(b) Ensure that, while permanent solutions are being sought, or in cases where they are not possible or not in the best interests of the child, the most suitable forms of alternative care are identified and provided, in conditions that promote the child’s full and harmonious development;

(c) Assist and encourage governments to better fulfill their responsibilities and obligations regarding alternative care, taking into account the economic, social, and cultural conditions prevailing in each state; and

(d) Guide the policies, decisions, and activities of all those involved in social protection and child welfare in both the public and private sectors, including civil society.

African Charter on the Rights and Welfare of the Child - 1990

The African Charter on the Rights and Welfare of the Child (ACRWC), also known as the Children's Charter, was adopted by the Organisation of African Unity (OAU) in 1990. Following the OAU's transformation into the African Union in 2001, the Charter officially entered into force in 1999.

Similar to the United Nations Convention on the Rights of the Child (CRC), the ACRWC is a comprehensive instrument that outlines rights and establishes universal principles and norms regarding the status of children. Together, the ACRWC and the CRC are the only international and regional human rights treaties that encompass the entire spectrum of civil, political, economic, social, and cultural rights.

As of now, 49 of the 55 African countries have ratified the Charter.

2019 UN Resolution - Promotion and protection of the rights of children

Each year, the United Nations General Assembly (UNGA) makes critical decisions that impact the lives of people worldwide. Its resolutions recommend courses of action for all United Nations Member States on various topics, including human rights, education, development, climate, violence against children, and peace and security. One such resolution specifically addresses children’s rights.

The 2019 UN General Assembly Resolution on the Rights of the Child focused on the theme of children without parental care. It provided a significant opportunity to:

• Place children without parental care on the global agenda;
• Review progress in preventing unnecessary family-child separation and ensuring appropriate alternative care;
• Recommend specific actions to strengthen care reforms worldwide.
  
  

This resolution reflects a global commitment to enhancing children’s care within families, preventing unnecessary separation by addressing its root causes, and ending child institutionalization by progressively replacing it with family- and community-based care. It also aims to tackle some of the factors that contribute to institutionalization, including orphanage volunteering.

Tanzanian Guidelines on Children's Reintegration with Families - 2019

To address the vision of enabling children in Tanzania to return safely to their families, the Ministry of Health, Community Development, Gender, Elderly, and Children has chosen to domesticate the set of International Guidelines developed by the Inter-Agency Group on Children’s Reintegration in 2016. This decision is based on the recognition that there is limited guidance for the safe and effective family reintegration of children in need.

The Ministry sincerely hopes that these guidelines will provide professional and practical direction to all stakeholders involved with Most Vulnerable Children (MVC), including government agencies, development partners, NGOs, schools, and communities. Their goal is to ensure that children who are outside of family care are successfully reintegrated back into families for their optimal well-being.