Convention on the Rights of the Child - 1989

The Convention has 54 articles that cover all aspects of a child’s life and set out the civil, political, economic, social and cultural rights. The convention is universal, that means that these rights apply to every child and the convention entitles every child to claim them. It also explains how adults and governments must work together to make sure all children can enjoy all their rights.

196 countries around the world ratified The 'UN Convention on the Rights of the Child' (UNCRC), adopted by the United Nations on November 20, 1989.

The UNCRC states (preamble) that, for the full and harmonious development of his or her personality, the child should grow up in a family environment, in an atmosphere of happiness, love, and understanding.

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

Many countries have reinforced this right in their national Children’s Act. Like for instance Tanzania in their Tanzanian Children Act. Next to that, the same Children’s Act also states that “It shall be the responsibility of the staff of an approved residential home or institution, the social welfare officer and any other person responsible for maintenance of a child, to assist him to approve to become reunited with his 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 20 November 2009. They are intended to enhance the implementation of the Convention on the Rights of the Child.

They are designed for wide dissemination among all sectors directly or indirectly concerned with issues relating to alternative care, and seek in particular:

(a) To support efforts to keep children in, or return them to, the care of their family or, failing this, to find another appropriate and permanent solution, including adoption and kafala of Islamic law;

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

(c) To assist and encourage Governments to better implement their responsibilities and obligations in these respects, bearing in mind the economic, social and cultural conditions prevailing in each State; and

(d) To guide policies, decisions and activities of all concerned with social protection and child welfare in both the public and the 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 (also called the ACRWC or Children's Charter) was adopted by the Organisation of African Unity (OAU) in 1990 (in 2001, the OAU legally became the African Union) and was entered into force in 1999.

Like the United Nations Convention on the Rights of the Child (CRC), the Children's Charter is a comprehensive instrument that sets out rights and defines universal principles and norms for the status of children. The ACRWC and the CRC are the only international and regional human rights treaties that cover the whole spectrum of civil, political, economic, social and cultural rights.

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 important decisions affecting the lives of people around the world. Its resolutions recommend a course of action for all United Nations Member States on a wide array of topics from human rights to education, development, climate, violence against children, and peace and security, among others. One of these resolutions 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, offering an important opportunity to: place children without parental care on the global agenda, review progress made in preventing unnecessary family-child separation and providing appropriate alternative care, and recommend specific actions to strengthen care reforms globally.

The resolution reflects a global commitment to strengthen children’s care in their families, prevent unnecessary separation by addressing its root causes, put an end to child institutionalization by progressively replacing it with family and community based care and address some of the drivers supporting it, including orphanage volunteering.

Tanzanian Guidelines on Children's Reintegration with Families - 2019

As a measure to address the visions that will enable children to return homesafely into families in Tanzania, the Ministry of Health, Community Development, Gender,Elderly and Children has opted to domesticate the set of International Guidelinesdeveloped by the Inter-agency Group on Children’s Reintegration in 2016,based on the premise that there is limited guidance for safe and effective familyreintegration of children in need.

It is their sincere expectation that these guidelines will provide professional andpractical guidance to all MVC stakeholders including government, developmentpartners, NGOs, schools, and communities in ensuring that children outside the families are successfully reintegrated back into families for their optimalwellbeing.