rights of a child under Kenyan Law
CATHOLIC UNIVERSITY OF EASTERN AFRICA
Rights of the Child
Assignment: Discuss in detail how the principle of the Best Interest of the Child has been applied in Kenyan Courts
Presented by: Mugangu Marie Providence
Faculty: Law
Year: 4th year/ 2nd semester
Reg. No: 1016393
Unit code: CLS 413
Lecturer: Mr. Dunstan Omari
Date due: 14th March, 2013
I. INTRODUCTION The Best interest of the Child is a concept that has now gained international recognition and has been incorporated not only in international instruments1 but also in domestic laws of several countries. Children like women originally had more or less the value of property or were considered statements of wealth rather than individuals entitled to rights and protection; and when women were finally granted rights that were previously denied to them the child was alas not given the same. Indeed the child was assimilated with the mother and the understanding was that if the mother is happy so is the child. In other words the child was identified as being “a part” of the mother so that if the issues related to mothers are addressed so are the issues related to children.
The best interest principle was introduced as a way of making a distinction between the mother and the child and of recognising the child as an independent individual. It was applied way before it was incorporated in the various international conventions but was first spelt out in the Declaration of the Rights of the Child in the following terms:
“The child shall enjoy special protection, and shall be given opportunities and facilities, by law and by other means, to enable him to develop physically, mentally, morally, spiritually and socially in a healthy and normal manner and in conditions of freedom and dignity. In the enactment of laws for this purpose, the best interests of the child shall be the paramount consideration”2.
Further in the 1970s Kenyan courts referred to it
Rights of the Child
Assignment: Discuss in detail how the principle of the Best Interest of the Child has been applied in Kenyan Courts
Presented by: Mugangu Marie Providence
Faculty: Law
Year: 4th year/ 2nd semester
Reg. No: 1016393
Unit code: CLS 413
Lecturer: Mr. Dunstan Omari
Date due: 14th March, 2013
I. INTRODUCTION The Best interest of the Child is a concept that has now gained international recognition and has been incorporated not only in international instruments1 but also in domestic laws of several countries. Children like women originally had more or less the value of property or were considered statements of wealth rather than individuals entitled to rights and protection; and when women were finally granted rights that were previously denied to them the child was alas not given the same. Indeed the child was assimilated with the mother and the understanding was that if the mother is happy so is the child. In other words the child was identified as being “a part” of the mother so that if the issues related to mothers are addressed so are the issues related to children.
The best interest principle was introduced as a way of making a distinction between the mother and the child and of recognising the child as an independent individual. It was applied way before it was incorporated in the various international conventions but was first spelt out in the Declaration of the Rights of the Child in the following terms:
“The child shall enjoy special protection, and shall be given opportunities and facilities, by law and by other means, to enable him to develop physically, mentally, morally, spiritually and socially in a healthy and normal manner and in conditions of freedom and dignity. In the enactment of laws for this purpose, the best interests of the child shall be the paramount consideration”2.
Further in the 1970s Kenyan courts referred to it
References: 1. The Children’s Act No 8 of 2001 2. The Constitution of Kenya, August 2010 3. The Hague Convention on Protection of Children and Cooperation in respect of Intercountry Adoption 4. The United Convention on the Rights of the Child, Adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 November 1989 entry into force 2 September 1990, in accordance with article 49 5. African Charter on the Rights and Welfare of the Child OAU Doc. CAB/LEG/24.9/49 (1990), entered into force Nov. 29, 1999 6. Yvonne Dausab, The best interest of the Child, at page 147, 05/02/2013 at 15:31 7. Fatma Hassan Beshir, Article 3 of the Convention on the Rights of the Child :The Best Interest of the Child, (2011-2012) on 12/03./2013 at 15:38