Protection for Orphans and Vulnerable Children

Overview: Child Protection

Orphans and vulnerable children

Alternative care

Engaging men and boys

Children on the move

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Overview: Child Protection

UNICEF/South Africa/2008/Pirozzi
© UNICEF/South Africa/2008/Pirozzi
Providing a safe and protective environment for children is a priority.

A protective environment for children

Strengthening the care of the most vulnerable children, and preventing all forms of violence, exploitation and abuse against children, are critical challenges in South African society. The extent of child protection violations is notoriously hard to measure, but there is enough evidence to suggest that violence against children remains pervasive, and that in all communities, in all settings, and from their young years through adolescence, girls and boys are being beaten, abused and exploited.

Many families in South Africa face severe challenges in protecting and caring for their children. On one hand, the country has inherited a legacy of violence, extreme inequality and social dislocation. This has translated into many social ills in the day-today lives of children, such as high levels of domestic violence, substance abuse, sexual abuse and neglect.

On the other hand, the country’s huge HIV burden has resulted in high levels of orphaning. Many children are deprived of the care of their biological parents; most of these children are placed in the care of extended families, already under stress due to the impact of the pandemic. Childhoods are stolen as children take on adult roles as caregivers of ill parents; or of siblings in child-headed households.

South Africa’s cities are poles of economic opportunity in a region beleaguered by inequality, unemployment and HIV and AIDS. They therefore serve as magnets for both internal and foreign migrants. Thousands of migrant children arrive in South Africa unaccompanied by parents or caregivers. These vulnerable youngsters face great risk, including trafficking, harmful child labour, and the perils of homelessness and street life.

Protecting children from violence, abuse and exploitation

A key national achievement has been the establishment of a progressive legal framework and the elaboration of policies that protect children and guarantee their rights to social services. The new Children’s Act, which brings South African law in line with the Convention on the Rights of the Child, is one of the major legislative reforms poised to make a real difference to the lives of children.

The Act stresses that the State has a key role in providing social services to strengthen the capacity of families and communities to care for and protect children. This builds on more conventional forms of child protection legislation whereby the State would only intervene after the child has already suffered from abuse, neglect or exploitation.

Other recent legislative reforms include the Sexual Offences Act, which is inclusive of the wide range of crimes that commonly occur against children. Finally there is the Child Justice Act, which establishes a separate criminal justice system for children in conflict with the law. Together, these laws form the foundation of a comprehensive child protection framework.

However, many challenges remain before a protective environment becomes a reality for children in South Africa. These include:

  • Improving monitoring and reporting on child protection violations which are, by their very nature, hidden from public view;
  • Mobilising the necessary commitment, expertise and resources from all sectors in society to ensure that the child protection system works for children at risk;
  • Challenging the social acceptance of violence and harmful practices such as corporal punishment, early marriage, child labour and other rights violations that undermine Government efforts to protect children.

Caring for orphans and vulnerable children

Communities are on the frontline of the response to the devastating impact of the AIDS pandemic. Informal childcare forums have sprung up across the country, helping to identify orphans and vulnerable children, providing psychosocial care and support, and referring children to government services.

The government recognises this vital role, and has committed its support to scaling up childcare forums to reach children in highly affected communities.

In addition, the government acknowledges its obligation to provide a comprehensive social protection system to reach all vulnerable children in families. Within this framework, more than eight million families receive financial aid through child support grants; and a half million families who have taken on foster children are provided with foster child grants.

Efforts are underway to make sure that those children deprived of parental care do not languish in institutions, but are reunified with relatives or placed in community care. The progressive extension of early intervention and prevention services will also help keep children in families and out of alternative care.

UNICEF/South Africa/2008/Schermbrucker
© UNICEF/South Africa/2008/Schermbrucker
UNICEF is supporting the implementation of laws, policies, regulations and services that protect children from violence, exploitation and abuse, and that respond to and support victims.

Challenges

UNICEF is committed to supporting government to bolster the care of orphans and vulnerable children and has singled out the following key challenges:

  • While the reach of community childcare forums is extensive, there remain many gaps in coverage that include some of the worst hit areas. In addition, services provided through these forums are inconsistent, and there is no consensus on the minimum basket of assistance that needs to be provided. In particular, their role in providing psychosocial support is poorly understood.
  • The burden of caring for orphans and vulnerable children deprived of parental care has created a crisis in the alternative care system: the number of unregistered childcare institutions is thought to have mushroomed, and social workers are struggling to meet the demand for foster care placements.
  • South Africa’s urban areas are hit with an influx of unaccompanied children on the move – from both rural areas within South Africa, and from neighbouring countries in the sub-region. Many leave families that are imploding under the impacts of poverty and disease, and find themselves vulnerable to abuse and exploitation. Such children, who are difficult to identify and place, are often excluded from national care and protection systems.

What UNICEF is doing

Strengthening the child protection system
UNICEF is supporting the implementation of laws, policies, regulations and services that protect children from violence, exploitation and abuse, and that respond to and support victims. Within this framework, we are developing and disseminating guidelines and child-friendly materials on new legislation. UNICEF is also supporting the training of social services professionals to take up their responsibilities under the new legislation and is working with partners to roll out services for child and women victims of sexual violence to the whole country.

Challenging the status quo
Social acceptance of severe corporal punishment, child labour, early marriage and sexual exploitation undermine government efforts to protect children. UNICEF is identifying evidence-based strategies to address the root causes of violence, change behaviour and plan the national rollout of successful models. The engagement of men and boys in violence prevention programmes is a key element.

Working with families and communities
Community childcare forums are on the frontline of the response to the challenges of childcare in the context of HIV and AIDS. Childcare forums operate within local communities and are made up of members of the community itself. They have an inherent potential to identify orphans and vulnerable children and refer them to appropriate services or link them with relevant service providers.

UNICEF is supporting efforts to scale up these childcare forums for widespread national coverage, and help them provide quality, comprehensive services. Helping children deal with grief and bereavement is one key service provided in communities, and UNICEF is helping caregivers to provide the best psychosocial support possible. This is complemented by a national programme to protect children’s rights from ‘property-grabbing’ when caregivers die.

Reaching the most vulnerable
The government is responsible for ensuring an adequate coverage of services to reach the most vulnerable children, and UNICEF is helping with the development and implementation of national strategies to fulfil this role. Key priorities are assistance in accessing birth registration and social grants, ensuring an adequate spread of prevention and early intervention services, and strengthening alternative care systems for children deprived of family care.

Supporting children in crisis
The social stresses caused by extreme national and regional disparities place children at risk. Migrant children are particularly vulnerable. UNICEF helps to provide psychosocial support to children affected by xenophobic attacks, meet the immediate needs of unaccompanied children and helps to reunite them with their families. UNICEF also supported national efforts to reduce child exploitation during the 2010 FIFA World Cup.

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The Tourism Child Protection Code of Conduct

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UNICEF/2010 The Tourism Child Protection Code of Conduct

The Tourism Child Protection Code of Conduct (“the Code”) is an instrument of self-regulation and corporate social responsibility, which provides increased protection to children from sexual exploitation in travel and tourism. The Code requires commitment from all levels of the signatory company's business. Almost 1000 companies have already signed the Code of Conduct across the globe.


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The Children's Act Explained: Booklet 1 - Children and parents - rights and responsibilities

This booklet introduces the Children’s Act and talks about the general principles in the Act. It tries to explain, as simply as possible, the different rights and responsibilities that children and parents have. It was written for children between the ages of 11 and 15 years. Older children and adults can benefit by reading it and may be able to help younger children understand difficult bits.


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The Children's Act Explained: Booklet 2 - Prevention, interverntion and care

This booklet try to explain, as simply as possible, the prevention and early intervention programmes that are there for the protection and care of children. This booklet has been written for children between the ages of 11 and 15 years. However, older children and grown-ups can also benefit by reading it and they may be able to help younger children understand the difficult bits.


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The Children's Act Explained: Booklet 3 - The courts and the protection

In this booklet we try to explain, as simply as possible, how children are protected and how the different courts work. The information in this booklet has been written for children between the ages of 11 and 15 years. However older children and grown-ups can also benefit by reading it.


[PDF]
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AIDS is a key driver of the growing number of orphans in South Africa.


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