Isabella Carter
The Ugandan Constitution, alongside the Children Act, the Divorce Act, and the Children (Family and Children Court) Rules, governs the custody and maintenance of children in Uganda. According to Section 2 of the Children Act, a child is defined as a person below the age of 18. The Children Act also establishes the Family and Children Court, which has the authority to handle matters related to child care and protection. The Constitution emphasizes the rights of children to know and be cared for by their parents or legal guardians. It also grants parents the fundamental right to care for and raise their children, while also prioritizing the welfare of the child as a paramount consideration. The Children Act was amended in 2016 to enhance child protection, provide for guardianship, prohibit corporal punishment, and address related matters.
| Characteristics | Values |
|---|---|
| Age | Below 18 years |
| Custodian | Person in whose care a child is physically placed |
| Custody | Control and preservation, care of the child’s passion, physical, and mental responsibility for a child in regard to its needs, food, clothing, instructions, etc. |
| Rights | To be protected from social or economic exploitation, not to be employed or required to perform work which is likely to be hazardous or to interfere with their education, or to be harmful to their health or physical, mental, spiritual, moral, or social development |
| Guardianship | Only Ugandan nationals can be guardians |
| Corporal Punishment | Outlawed in schools |
| Welfare | Local government councils shall mediate in any situation where the rights of a child are infringed and especially with regard to the protection of a child, the child's right to succeed to the property of his or her parents, and all the rights accorded to a child in section 5 |
| Court Proceedings | Children cannot proceed on their own, but any interested person under Articles 50 and 137 of the Constitution may institute proceedings without going through the 'next friend' procedure |
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What You'll Learn
- A child is defined as a person under 18
- The Constitution emphasises a child's right to know their parents
- Uganda is a party to the UN Convention on the Rights of the Child
- The Children Act enhances protection and provides for guardianship
- Local government councils must mediate when a child's rights are infringed
A child is defined as a person under 18
In Uganda, a child is defined as a person under 18 years of age. This definition is outlined in the country's Constitution and Section 2 of the Children Act, as amended in 2016. The Children Act establishes a Family and Children Court, presided over by a magistrate, which has the authority to make decisions regarding child care and protection.
The Constitution, the Children Act, and international law all emphasize the rights and responsibilities of parents in caring for and raising their children. The Children Act also defines a custodian as the person in whose care a child is physically placed, and it outlines the rights and responsibilities of custodians in ensuring the welfare and protection of children.
Uganda is a signatory to the United Nations Convention on the Rights of the Child 1989, which outlines the common responsibilities of parents in the upbringing and development of children. The country's laws and policies reflect a commitment to protecting the rights and welfare of children, including their right to be cared for by their parents or guardians, their right to protection from discrimination, violence, abuse, neglect, and hazardous labour, and their right to education and health.
The Children Act also addresses the procedures for family and children courts, emphasizing informality, the involvement of parents or guardians, the child's right to legal representation, and the right to appeal. Additionally, the Act provides for the placement of children in approved homes or with foster parents, and it imposes reporting requirements on guardians residing outside of Uganda.
In conclusion, Uganda's definition of a child as a person under 18 years of age sets the foundation for a comprehensive legal framework aimed at protecting the rights, welfare, and well-being of children within the country.
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The Constitution emphasises a child's right to know their parents
In Uganda, a child is defined as a person below the age of 18 years, as per the Constitution and Section 2 of the Children Act, amended in 2016. The Constitution, the Children Act, and international law emphasise that parents have a fundamental right and duty to care for and bring up their children.
The Constitution also emphasises a child's right to know and be cared for by their parents or those entitled to bring them up. This is supported by the Children Act, which states that the welfare of the child shall be of paramount consideration whenever a court, a tribunal, a local authority, or any person determines any question regarding the child's upbringing, administration of property, or application of income.
Uganda is a party to the United Nations Convention on the Rights of the Child 1989, which imposes a duty on State parties to ensure that both parents have common responsibilities for the upbringing and development of the child. The Convention's provisions have been incorporated into Ugandan law under the Children Act, with amendments made in 2016. The Children (Amendment) Bill, 2015, aimed to "enhance protection of a child, provide for the guardianship of children, provide for inter-country adoption, prohibit corporal punishment, and provide for related matters."
The welfare principles and children's rights set out in the First Schedule of the Children Act are guiding principles in decision-making based on this Act. Local government councils are tasked with mediating situations where the rights of a child are infringed, protecting their property rights, and providing assistance to disabled children. The Family and Children Court, presided over by a magistrate, has the power to hear and determine applications related to child care and protection.
Overall, the Ugandan Constitution and legal framework emphasise a child's right to know their parents and be cared for by them, with the child's welfare as a paramount consideration.
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Uganda is a party to the UN Convention on the Rights of the Child
In Uganda, a child is defined as a person below the age of 18 years, as per the Constitution and section 2 of the Children Act as amended in 2016.
Uganda is a party to the United Nations Convention on the Rights of the Child (UN CRC), an international law on childhood, which was adopted in 1989. This convention is a promise made by world leaders to protect and fulfil the rights of every child. It is the most widely ratified human rights treaty in history, with all United Nations member states ratifying it, except for South Sudan and the United States.
By ratifying the UN CRC in 1990, Uganda committed itself to putting children first, ensuring their growth, survival, and development to reach their full potential. Uganda also ratified two Optional Protocols: one on the sale of children, child prostitution, and child pornography, and another on the involvement of children in armed conflict.
The UN CRC imposes certain obligations on Uganda as a state party. These include respecting and ensuring the rights of all children within their jurisdiction without discrimination of any kind, irrespective of race, colour, sex, language, religion, or other factors. Uganda must also take measures to protect children from all forms of discrimination or punishment based on the status, activities, opinions, or beliefs of their parents or family members. Additionally, Uganda recognizes the inherent right to life for every child and undertakes to ensure their survival and development to the maximum extent possible.
Furthermore, Uganda has passed the Children's Act and the Children's Act Amendment Bill, which was assented to by the President in 2016. However, despite this solid legal framework, there has been a lack of robust implementation and structural barriers that have negatively impacted children's rights in the country.
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The Children Act enhances protection and provides for guardianship
In Uganda, a child is defined as a person below the age of 18 years, as per the Constitution and Section 2 of the Children Act (as amended in 2016). The Children Act, Cap 59, enhances protection and provides for guardianship.
The Children (Amendment) Bill, 2015, was passed by the Ugandan Parliament in March 2016, with the goal of enhancing child protection, providing for guardianship, and prohibiting corporal punishment, among other related matters. The Act establishes a Family and Children Court, presided over by a magistrate, which has the power to hear and determine applications relating to child care and protection.
The Children Act outlines the rights and duties of parents or guardians to care for and bring up their children. It emphasizes the welfare of the child as a paramount consideration, and the state's responsibility to protect children from social or economic exploitation, and hazardous work that could interfere with their education or be harmful to their development. The Act also provides for the manner in which a family and children court shall be constituted, including the involvement of probation and social welfare officers.
The 2016 amendments to the Children Act also address guardianship, imposing certain reporting requirements on guardians residing outside of Uganda, such as submitting annual progressive reports to a probation and social welfare authority. Additionally, the legislation restricts guardianship to nationals and outlines the conditions under which an application for guardianship may be granted by the High Court.
The Children Act further enhances protection by outlawing corporal punishment in schools and institutions of learning. It defines corporal punishment as any punishment where physical force is intentionally used to cause pain or injury, belittle, humiliate, or ridicule a child. Violation of this ban is punishable by a fine and/or a prison term of up to three years.
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Local government councils must mediate when a child's rights are infringed
In Uganda, a child is defined as a person below the age of 18 years according to the Constitution and Section 2 of the Children Act as amended in 2016. The Children Act establishes a Family and Children Court presided over by a magistrate, which has the power to hear and determine applications relating to child care and protection.
The Constitution, the Children Act, and international law emphasize the right and duty of each parent to care for and bring up their children. The Children Act also defines a custodian as the person in whose care a child is physically placed. It is important to note that while the term "custody" is not explicitly defined in the Act, it has been clarified through case law, such as the court definition provided in the case of Ali Issa & Fatal Yusuf.
The welfare of the child is of paramount importance, and it shall be considered whenever any authority or person makes decisions regarding the child's upbringing, property administration, or income application. The Children Act also provides for the care and protection of children, with provisions for supervision and care orders, as well as the duty of probation and social welfare officers to prepare welfare reports.
Local government councils play a crucial role in mediating when a child's rights are infringed. According to the Children Act, local government councils are responsible for mediating in any situation where the rights of a child are violated, especially regarding the protection of the child and their right to inherit property from their parents. The councils are not empowered to distribute the property but are tasked with keeping a register of disabled children in their area to provide them with assistance and enable them to grow up with dignity and develop their potential. Additionally, the councils are expected to offer assistance and accommodation to any child in need within their jurisdiction.
Uganda has also taken steps to enhance the protection of children's rights through amendments to the Children Act. The Children (Amendment) Bill, passed in 2016, aimed to enhance child protection, provide for guardianship and intercountry adoption, and prohibit corporal punishment. The legislation also added a provision granting every child the right to protective services. These amendments demonstrate Uganda's commitment to ensuring the welfare and protection of children's rights.
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Frequently asked questions
According to the Constitution and Section 2 of the Children Act, as amended in 2016, a child is a person below the age of 18 years.
The Ugandan Constitution emphasises the right of children to know and be cared for by their parents or those entitled to bring them up. It also grants children the right to protective services and protection from social or economic exploitation, including work that is likely to be hazardous, interfere with their education, or be harmful to their health or development.
Child custody in Uganda is governed by the 1995 Constitution, the Children Act Cap 59 as amended in 2016, the Divorce Act, and the Children (Family and Children Court) Rules.
While the term "custody" is not defined by the Children Act, the Act defines a custodian as the person in whose care a child is physically placed. The definition of custody can be found in case law, such as the Singaporean Court of Appeal's decision in CX v. CY [2006] 4 LRC, which states that custody is divided into "care and control" and residual "custody."
