The promotion of the right to access adequate housing for street children in Kenya
- Authors: Wanjala, Esther Nasimiyu
- Date: 2024-04
- Subjects: Children's rights , Children's act , Street children
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10948/64358 , vital:73679
- Description: This thesis explores the fundamental right to housing and shelter, recognised at national, regional, and international levels, focusing on its application to street children in Kenya. Despite constitutional provisions, street children in Kenya face exclusion from socio-economic interventions, particularly in the realm of housing and shelter. This exclusion stems from the absence of specific legislation addressing their unique needs. Existing laws, such as the Children Act, 2022 and the Housing Act, 2007 fall short of safeguarding the rights of street children, perpetuating discrimination based on economic status. The research examines international, regional, and national legal frameworks to uncover obstacles hindering street children from enjoying their legally protected human rights, including housing and shelter. Legal instruments such as the Universal Declaration of Human Rights, International Covenant on Economic, Social, and Cultural Rights, International Covenant on Civil and Political Rights, Convention on the Rights of the Child, the African Charter on Human and Peoples Rights, and the African Charter on the Rights and Welfare of a Child and policies like the Sustainable Development Goals 2030, the African Union Agenda 2063, and Agenda 2040 were considered. The research employed qualitative research methodology that included theoretical and non-empirical methods. It used a combination of descriptive, correlative, and limited comparative analysis of the status of street children in the East African Community State Parties of Tanzania, Uganda, and Rwanda, as well as South Africa. Theoretical perspectives, including human rights-based, vulnerability, othering, and capability theories, informed the discussions on improving the status of street children in Kenya. The study employed critical social justice and vulnerability theories to analyse how discrimination and prejudices in society can violate fundamental rights, particularly street children's rights. The findings of the study revealed the inadequate legal and institutional frameworks in promoting street children's rights in Kenya. The study referred to the best practices in the select East African Community State Parties and South Africa that Kenya can emulate to benefit street children and realise the right to shelter and adequate housing. The study recommends legal and policy reviews to protect street children's rights to adequate housing and shelter guided by constitutional and international standards. , Thesis (LLD) -- Faculty of Law, 2024
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- Date Issued: 2024-04
The role of the Department of Education in addressing the education of children living and working in the street in the Eastern Cape:
- Authors: Mawisa, Nompumelelo Mavis
- Date: 2011-01
- Subjects: Street children , Social Conditions , Education
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10353/23337 , vital:57354
- Description: A UNICEF report on the drastic effects of child labour in developing countries indicates there are 4040 million children under the age of 18 not attending school (1977). Many are street and working children who deserve the chance, but face parental neglect and poverty to attend school and become conscious and productive citizens. Non-formal education has been identified as an alternative to traditional schooling, in which children learn vocational trades or academic subjects, aimed at enhancing their lives. This alternative approach is considered non-formal education because it is typically short–term and non – degree granting. Though non-formal education can be used for rehabilitation purposes, it cannot replace ultimate schooling. All children want to graduate and compete in the job market. The main aim of this study is to determine the role of the Department of Education in addressing the education of children working and living in the street in the Eastern Cape. The children working and living in the street phenomenon is a major development problem that is experienced all over the developing world. A major cause of this problem in the Eastern Cape is drop–outs due to parental negligence and poverty. To assist children working and living in the street and those in conflict with the law, child and youth care centres in East London, King William’s Town and Queenstown have been established. However, they have not had a very noticeable impact on the magnitude of the problem. Potential for such an impact seems to lie in the domain of collaboration with other non-governmental organisations, other departments and education providers. This study evaluated the quality of education of child and youth care centres and non-formal education programmes in providing education to children working and living in the street, with a view to highlighting the difference that formal education in mainstream schools has, in relation to these centres. The descriptive survey design was used in this study. The sample comprised ten children working and living in the street three child and youth care centres in East London, King William’s Town and Queenstown, ten children working and living in the street in East London, three managers from these centres, and two managers from the Department of Education and the Department of Social Development. The study employed the purposive sampling technique. Data to answer the research questions were collected mainly through questionnaires and interviews. The following conclusions were drawn from this study regarding empowering of children who are working and living in the street: (1) children were acutely cognisant of their impoverished positions in society but were unable to alleviate their economic burdens due to poverty. (2) The lack of teacher training strongly impacted on the children’s self concept to achieve empowerment (3) Non-formal education programmes should be used temporary whilst children working and living in the street are being rehabilitated. Thereafter children should join mainstream schools where they can obtain certificates on completion of their studies. The age factor should be considered when administering non-formal education. (4) Parents were the most important stakeholders in facilitating the enrolment of children in schools and monitoring their attendance. (5) Collaboration of all relevant stakeholders in the education of children working and living in the street is key to their education. , Thesis (PHD) -- Faculty of Social Sciences and Humanities, 2011
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- Date Issued: 2011-01