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Students for International Development

Report on the State of Children s Rights for Primary School Children in Sabatia District
Prepared by Marianne Salih, Project Manager - Students for International Development In collaboration with People s Rights Forum July, 2010

CONTENTS
Report on the State of Children s Rights for Primary School Children in Sabatia District ........................... 1 Partners Involved..................................................................................................................................... 2 Students for International Development .......................................................................................... 2 People s Rights Forum...................................................................................................................... 2 Background ............................................................................................................................................. 2 Introduction ..................................................................................................................................... 2 Findings ........................................................................................................................................... 3 Moving Forward............................................................................................................................... 4 Corporal Punishment ............................................................................................................................... 4 Corporal punishment and professionals working with children......................................................... 4 Why? ............................................................................................................................................... 4 What is needed? .............................................................................................................................. 5 Corporal punishment in the home.................................................................................................... 8 The draft constitution and corporal punishment in the home........................................................... 8 In the event that the referendum fails.............................................................................................. 8 In the event that the referendum passes.......................................................................................... 9 Children with Special Needs................................................................................................................... 10 Background .................................................................................................................................... 10 Education for children with special needs ...................................................................................... 10 Means Scores, Inclusive Education and Children with Special Needs .............................................. 12 Consequences for the child ............................................................................................................ 12

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Solutions ........................................................................................................................................ 12 Preventive Education ..................................................................................................................... 15 Safe Sex Education ................................................................................................................................. 16 Background .................................................................................................................................... 16 Consequences ................................................................................................................................ 16 Solutions ........................................................................................................................................ 17 Concluding Remarks .............................................................................................................................. 18 Appendix ............................................................................................................................................... 20

Partners Involved
Students for International Development Students for International Development (SID) is a student volunteer organization based at the University of Toronto, Canada. Our mission is to work with the world s poorest communities to foster sustainable development and overcome extreme poverty; to foster the values, innovations and political will needed to combat poverty; and to empower students and individuals to this end (see Appendix for contact information). People s Rights Forum People s Rights Forum (PRF) is an NGO registered under the NGO s Coordination Act. The organization operates primarily within Sabatia District, and its mission is to promote, protect, and advocate for human rights. Since its registration in 2004, the organization has embarked on its mandated objectives with zeal and gusto, conducting seminars for civic education, good governance and human rights in five parts of the country (see Appendix for contact information).

Background
Introduction This summer, Students for International Development, in consultation with People s Rights Forum, delivered a series of children s rights workshops across Sabatia district, engaging one hundred primary schools. The delivery of these workshops came as a consequence of the perceived need by People s Rights Forum for a more comprehensive civic education. This need was based upon: a) The fact that a very large portion of community members, both adults and children, are unaware of their fundamental, and constitutional rights and freedoms

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b) As a consequence of being unaware of their rights and freedoms, many individuals have had their rights and freedoms violated, and many are themselves violators of these rights and freedoms c) Children, as a consequence of their physical and mental immaturity, and thus being amongst the most powerless members of the community, are most vulnerable to violation of their rights and freedoms. The content of the workshops, which can be found in the appendix, was drawn entirely from the Kenyan Constitution, in Chapter V on the Protection of Fundamental Rights and Freedoms of the Individual, from the African Charter on the Rights and Welfare of the Child (ACRWC), from the United Nations Universal Declaration of Human Rights (UNHR), and from the International Convention on the Rights of the Child (CRC), all of which Kenya is a signatory.

Findings Through the delivery of these workshops, and through extensive consultations with teachers and head teachers from the one hundred primary schools engaged in Sabatia district, SID and PRF have not only raised awareness of children s rights in the community, we have also discovered a number of pressing issues that serve to severely undermine the protection of children s rights, and the full and harmonious development of children. These issues are primarily concerned with corporal punishment, special needs accommodations, and sex education. Moreover, we understand these issues to contribute to a number of hardships in local communities, including poverty, aids, child labour, and underdevelopment. We believe this report to be particularly significant because it provides an indication of the status of children s rights over a large section of rural Kenya. Moreover, the sample we have drawn is sufficiently large to provide an indication of the condition of rural children throughout Kenya. This is particularly so as our findings are largely corroborated by a number of independent reports and studies in rural villages throughout Africa1, and also in Kenya particularly2. Finally, as a consequence of our research, there is sufficient cause to believe that rural villages are not well represented in the national commitment to uphold the rights of the child due to: a) The fact that, according to a review of the situation in Kenya in 2007 by the Committee on the Rights of the Child, the primary monitoring body for the Convention on Children s Rights, there exists significant regional disparities and a lack of prioritisation of children s economic, social and cultural rights 3. b) The fact that, according to reports by the Global Initiative to End All Corporal Punishment of Children in a number of African countries, including Kenya, the amount of data on the state of children s rights collected in rural villages is relatively scarce, and has proven difficult to collect for logistical reasons, such as access, communications, and equipment. c) Our own research in the field has revealed that the vast majority of schools, teachers, and head teachers we engaged with were encountering children s rights workshops and much of the

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information provided in them, particularly alternative forms of corporal punishment, for the first time. These disparities allow for the advancement of children s rights in Kenya to proceed in a regrettably unbalanced manner, leaving rural villages, which compromise a large sample of Kenya s population, underdeveloped in this regard. While our research is based only on a sample of this population, we believe it to be sufficiently large to provide an indication of the status of children s rights throughout rural Kenya. Moving Forward In recognition of the fact that the Kenyan government has sworn to protect fundamental rights and freedoms, and in equal recognition of the fact that children require special care and assistance in the protection of their rights and freedoms due to their physical and mental immaturity, especially African children who are subject to a number of hardships in their socio-economic, traditional, cultural and developmental circumstances, we seek the assistance of the Deputy Prime Minister, the Ministry of Education, and the Ministry of Children s Affairs, in addressing these issues. In doing so, we aspire to provide children with the protection, love, care, understanding and assistance they need to become well adjusted, socially, physically and cognitively developed and proper functioning, members of society. Furthermore, as the youth of today mature to become the workers and leaders of tomorrow, this provides for an enduring recognition and respect for individual rights and freedoms within the community, which serves to foster long term social progress, freedom, justice, peace, and overall human flourishing.

Corporal Punishment
Corporal punishment and professionals working with children As of 2001 the government of Kenya repealed the authorization of corporal punishment in schools in the Education Act of 1968. This act has, however, failed to stem practices of corporal punishment. Within Sabatia District, SID and PRF found that a very great majority of teachers use caning as a primary method of punishment in the classroom. These findings are corroborated by the Committee on the Rights of the Child which found in 2007 that despite a clear prohibition in the legislation.....torture, cruel, inhuman and degrading treatment...still occurs in practice 4. The primary methods of this kind of treatment are kneeling on a hard surface for a long time, and caning on the hands, legs, and/or back. Why? The first reason refers to a lack of clear prohibition and institutionalized mechanisms of enforcement. Corporal punishment has been outlawed as a matter of policy, but not yet of law. The government has merely repealed the authorization of corporal punishment in schools, but has not stipulated a clear prohibition against corporal punishment, and has not stipulated penalties for its use by professionals

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(teachers or otherwise) working with children. Thus, there exists no clear prohibition, and no penalties for professionals who continue to engage in the practice. Accordingly, our research revealed that virtually all schools in the district continue to use corporal punishment as a means of discipline without censure from head teachers or any higher body. Severe inflictions of abuse are generally solved by the exchange of money from the teacher to the child s family, and cases are rarely, if ever, reported. These findings are similar to those in a report by Human Rights Watch in 2001, which found that teachers and head teachers were rarely disciplined for their use of corporal punishment. This indicates that there has been no real progress since the repealed authorization of corporal punishment nine years ago. The second reason for this is a lack of education and awareness for professionals who deal with children. Teachers have been prohibited from using corporal punishment, but they have not been trained in alternative methods of disciplining children. During our consultations with teachers and head teachers, the uses of alternative methods of discipline were rarely mentioned, and were received with scepticism and even humour. The overwhelming consensus was that corporal punishment was the most effective means of regulating children s conduct. Even more surprising was the finding that many children also shared this opinion when asked by teachers during separate workshops on how best to discipline them in the classroom. This finding is important because it reveals that in the nine years since corporal punishment has been outlawed in schools, attitudes have not yet begun to change for the next generation. Overall, the widespread endorsement of corporal punishment makes a refusal to accept its imposition extremely difficult for the child and his/her parents, and leaves no feasible alternatives.

What is needed?  A clear prohibition must be the first step. Additionally, coherent and effective monitoring and enforcement procedures which readily access rural and remote areas must be implemented.

Strategies for a Clear Prohibition, Monitoring, and Enforcement 1. The Children s Rights Act of 2001 must be amended to include a clear prohibition of corporal punishment. 2. All schools, primary and secondary, should be instructed to create Children s Rights Clubs which serve to educate children of their rights, through club members, and to collect reports of rights violations from fellow students5. y These clubs have been created in a number of schools in Sabatia District following our workshops, and have proven to be successful in raising awareness among youth of their rights, and in gathering reports of rights violations occurring within the school as well as in the homes. Attached in

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3.

4.

5.

6.

7.

the Appendix is a copy of our Children s Rights Club Policy, along with a basic rights education curriculum for club members. y Local Advisory Councils and NGO s, such as People s Rights Forum, should be empowered and funded to regularly consult with the Children s Rights Clubs (privately) and collect reports of rights violations. y These groups should be instructed in codes of conduct that emphasize sensitivity to children s rights issues, respect to children s privacy, maintaining confidentiality of reports provided, and the commitment to work with, and not just for children. y These groups should be given a clear mandate that involves regular consultations with schools, accurate and detailed record keeping of violations occurring, documentation of cases, and annual reports to the Ministry of Children s Affairs. y Funding should also be provided to allow for rights violations to be investigated and addressed through strategies such as single and class action suits in cases such as abuse and sexual or labour exploitation, reporting to the government for policy recommendations, and procurement of materials necessary to overcome a rights deprivation, such as food. All schools, primary and secondary, should be instructed to elect a contact teacher, who will facilitate the Children s Rights Clubs, and act as the primary means of communication between club members, the head teacher, and local NGOs. Direct communication channels between children and local NGOs should be made available to allow children to issue complaints through phone lines, postage, email, and in person. A league of schools can be created which contains all schools effectively participating in the running of Children s Rights Clubs. y The league would represent a symbolic unity between participating schools and serve as an indication of their commitment to promote, protect, and advocate for children s rights. Members of the league can organize special events such as sporting events and seminars to this end. In these ways, the league would also attract the membership of non-participating schools. An annual seminar can be organized each year for representatives from the league of schools, bringing together the student heads of the Children s Rights Club, and contact teachers, as well as local NGOs working with the schools throughout Kenya. The seminar can allow for promotion of positive forms of discipline, networking and awareness raising, and sharing progress reports on children s rights, as well as ideas for improving the operations of the league of schools. A Children s Rights letter can be encouraged which would allow the league of schools, together with local NGOs, to advertise events, and share stories, reports, and updates widely, and to promote positive forms of discipline. These newsletters

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should allow for student input through such means as essay and poetry writing and picture drawing competitions related to children s rights, the winners of which are published in the newsletter.  Awareness raising campaigns that penetrate rural areas can educate communities in a number of ways.

Ways to Educate 1. Show that corporal punishment is illegal y The authorization of corporal punishment has been repealed, and corporal punishment has been clearly prohibited by the African Charter on the Rights and Welfare of the Child, by the United Nations Declaration of Human Rights, and by the International Convention on the Rights of the Child. 2. Show that corporal punishment is an inhumane means of disciplining children y Corporal punishment violates the inherent dignity of the child. Its practice assumes that children are not entitled to the same rights as adults. However, because of their mental and physical immaturity, and relative powerlessness in the community, children require special protection of their rights rather than being taken advantage of by the stronger. 3. Show that corporal punishment is an ineffective means of disciplining children y Some very common reactions to corporal punishment are fear, anger and resentment towards the authority figure, which does not provide a basis for behaviour modification, but simply pushes children to learn not to get caught. y Other common reactions include being embarrassed, and withdrawal. This is particularly so when no discussion precedes the abuse, which often leads to children being unfairly punished, confused, and consequently unable to rectify their behaviour6. 4. Show the negative consequences of corporal punishment for children y The use of physical punishment from an early age teaches children that violence is an appropriate and legitimate means of resolving disputes and imposing authority. Some common early signs of such influence on the child include aggressive behaviour, and bullying and beating other children. y Abusive and humiliating treatment causes psychological problems in children, such as withdrawal, anti-social behaviours, and depression and anxiety which can sometimes lead to suicide7. y The use and acceptance of corporal punishment as a legitimate means of disciplining children allows for a very easy transition to excessively cruel, injurious, and even lifethreatening abuse of children.

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 A shift in practices is required for teachers and all professionals working with children, including law enforcement officers, nurses, and social service workers. To be successful, this would involve a number of strategies:

Strategies to Shift Teacher and Professional Practices 1. Initial and in-service training for teachers and other professionals on positive forms of discipline. This would require a modification to the curriculum in colleges for those still in training, and workshops and/or information packages for professionals already practicing in schools, hospitals, police forces and social service administrations. y It is also important to emphasize that a cessation of physical punishment should not be supplemented by emotional or psychological abuse, such as name calling, discouragement, and humiliation. Teachers and other professionals working with children should be trained to be sensitive to the negative consequences of such abuse for the child s scholastic performance and long term emotional, social and psychological development. 2. Contracts which strictly and clearly prohibit the use of corporal punishment or emotional or psychological abuse should become conditions of employment for all those working with children. Penalties should be clearly outlined in the contracts, providing for suspension, dismissal, or even prosecution of workers if necessary8. 3. The prohibition of corporal punishment can be integrated into professional codes of conduct for teachers, social service workers, law enforcement officials, and all other professionals working with children9.

Corporal punishment in the home Despite having committed to eliminate all forms of corporal punishment through ratification of the UNDHR, the CRC, and the ACRWC, the government has yet to place a ban on corporal punishment in the home. The draft constitution and corporal punishment in the home The draft constitution, which will be subject to referendum in August 2010, has included a right for every person not to be subjected to corporal punishment or to cruel, inhuman, or degrading punishment. In the event that the referendum fails In the event that the referendum fails, the government should still move forward to ratify a full prohibition on corporal punishment in public and in private. This recommendation has been iterated in the 2007 report by the Committee on the Rights of the Child which requested the government to introduce legislation explicitly prohibiting corporal punishment in the home and in all public and private alternative care and employment settings 10. Moreover, the continued legality of corporal punishment by parents and caregivers is highly problematic for a number of reasons:

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1. Corporal punishment in any form, by anyone, in any place, and for any reason, is a violation of fundamental rights and freedoms, which children require special protection of, and not exploitation of, due to their physical and mental immaturity, and relative powerlessness. 2. The continued legality of corporal punishment is a symbolic indication of the low status of children in Kenya11. y This is in direct contravention to the ACRWC which accords children a unique and privileged position in African society 12. y Moreover, this assumed lower status of children is the basis upon which more extreme forms of violence, and cruel and degrading treatment of children occurs, including sexual exploitation, child labour, and trafficking. The government cannot adequately address these issues without addressing the root status of children in society one which should be privileged rather than disadvantaged13. 3. The continued legality of corporal punishment in the home is at conflict with its illegality in public and professional environments. y The continued legality of corporal punishment in the home creates confusion amongst teachers and children. This also makes teacher s task much more difficult, because a teacher s decision to consult parents for their child s misbehaviour may threaten the child with violence in the home. Additionally, parents often request teacher s to use corporal punishment in the classroom for cases of misbehaviour. y This continued legality of corporal punishment in the home makes it difficult for children to resist corporal punishment in the classroom because parents will continue to endorse its use. y This continued legality of corporal punishment in the home makes it less likely that attitudes will change widely on corporal punishment, because parents and caregivers (who include teachers and other professionals working with children and who constitute a large sample of the population) will continue to practice it in the home. Additionally children will continue to inherit these practices in the home and to view them as legitimate and appropriate methods of discipline. In the event that the referendum passes In the event that the referendum passes, the government should accompany this new change in policy with an amendment to the Children s Act of 2001 that stipulates a clear prohibition of corporal punishment and any other form of cruel or degrading treatment in public and private settings. Once children are afforded the same legal protection as adults in these matters, the government can address all breaches of this prohibition through ordinary criminal channels that address assault cases for adults. This removes the impetus to create legal sanctions for a violation of this right by parents and caregivers, or even for professionals working with children. All necessary prosecutions can be pursued under the criminal law on assault14. Legal amendments are still insufficient, however, to curb the use of corporal punishment in the home. Prohibition must be accompanied by awareness raising campaigns and education for parents. Education

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targeting parents and future parents can be disseminated through: newspapers, school curriculums, adult education centres, pre-natal and post-natal care facilities, birth registration facilities, immunisation and routine health checks, and so on. This education can largely be based upon the same educational principles enumerated for professionals working with children (see pg 6 for more details). These include: a) b) c) d) the fact that corporal punishment is inhumane, the fact that corporal punishment is ineffective, the negative consequences of its use, and the promotion of alternative, positive forms of discipline.

Children with Special Needs

Background Children with special needs comprise over 5% (1.5 million) of Kenya s population. These children are amongst the most vulnerable members of society; they suffer doubly on account of their age and impairment15. This situation is highly compounded by the fact that: a) there are very few services available to cater for children with special needs, be it children with physical or mental disabilities b) there is a strong stigma in the community associated with having a disability, which often leaves impaired children isolated and discriminated against. c) As a consequence of being rejected and isolated, children with special needs are impaired in their psychological, social, emotional, and physical development Education for children with special needs The government has made a commitment to provide primary education for children with special needs through its constitutional endorsement of the right to free, primary education for all without discrimination on any account; through ratification of the CRC which advocates for inclusive education for children with disabilities; and through ratification of the ACRWC which stipulates that signatories shall take special measures in respect of....disadvantaged children, to ensure equal access to education for all sections of the community 16. This commitment has furthermore been reiterated in all national education plans and further emphasized by Kenya s signature to the world Declaration on Education for All in Jomtien, Thailand17. By 1995, however, Kenya s First Country Report on Implementation of The UN Convention on the Rights of the Child (KFCR) declared special education for children with disabilities to be one of the most neglected areas of the education system 18. Today, the situation is not much improved. The government has attempted to achieve this end in two ways. The first is through the mandate of inclusive education which seeks to integrate special needs students into the regular education system. The purpose of inclusive education entails not only the provision of education for the disadvantaged, but additionally, the facilitation of integration into ordinary social life, allowing the child to reach his fullest development socially, emotionally, psychologically, and physically. This education, moreover, in

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order to be inclusive, must provide disadvantaged children with opportunities for recreation, and sufficient training in preparation for employment. Despite the commendable efforts of the government to promote inclusive education, a number of problems continue to severely hinder the full achievement of inclusive education.

Why Inclusive Education is Insufficient 1. Most schools lack the facilities to cater to children with special needs, especially those with physical disabilities. This makes it difficult for children to fully participate in school activities, such as recreation. In other cases, this might make it impossible for the child to even attend school. The situation has been relatively static for at least 15 years when the KFCR dictated special education services to be rudimentary. 19 y In the same vein, most schools lack the learning materials necessary to cater to the child s special needs. This would include Braille textbooks for the blind, which remain expensive and very scarce, sign language learning materials, and supplemental learning materials for those with learning impairments. 2. There is a chronic shortage of trained teachers to cater to disadvantaged children. The consequence is that most children are either ignored or punished by teachers who cannot understand them. This contention was mirrored 15 years ago in the KFCR which declared teachers training in this regard to be grossly inadequate and underrated 20. y This situation is compounded by the fact that there are no clear guidelines for teachers on how to detect a disability in the child, such as a vision or hearing problem, or learning impairment. Many teachers simply mistake these issues for inattentiveness or laziness and punish the child (often with corporal punishment). y On the opposite side, those children who are intellectually gifted are often held back by teachers who do not understand and appreciate their talents. Clear guidelines do not exist to identify and push these children forward to higher standards. Instead, teachers punish these children for inattentiveness (which occurs as a consequence of boredom) or for carrying ahead of the class and disrupting normal operations. 3. Societal attitudes towards those with disabilities remain very much negative and awareness raising efforts have been greatly insufficient to curb this. y Prevalent stigmatization results in rejection and isolation of children with disabilities in the classroom by their peers, which is emotionally, socially, and mentally damaging. y Prevalent stigmatization also results in a worryingly high rate of reports of parents hiding their children in the home. These attitudes and practices grossly undermine the child s development in all its aspects. y Additionally, children who face such chronic discrimination are prevented from the minimum kinds of training necessary to prepare for future employment, which results in an undue level of poverty inflicted upon them in adult years.

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Means Scores, Inclusive Education and Children with Special Needs With the intention of increasing standards of education, the government has emphasized high performance in classrooms. This is achieved through regular examinations accompanied by pressure on teachers to produce high mean scores. While these efforts by the government are commendable for their encouragement of a greater standard of learning and achievement amongst students, the consequences of this policy have not been fully appreciated for children with special needs. While inclusive education brought children with special needs into classrooms with insufficient facilities, and materials, high rates of stigmatization and rejection from peers, and inadequate mentorship from untrained teachers, the problem has been greatly exacerbated by a pressure on teachers to receive high mean scores. An overwhelming consensus from teachers who attended our workshops throughout Sabatia district was that teachers simply did not have the time to attend to these children because they would not contribute to the mean scores of the classroom. This was particularly so for children with mental problems, learning impairments, visual and hearing impairments, and hyperactive personalities. Rather, it was more worth the teacher s time to nurture those students with more potential. The consequence for the disabled child again is isolation and gross under-stimulation of their mental faculties. Consequences for the child Taken together, such stigmatization and discrimination, accompanied by the inadequacies of the education system with regards special services, exacerbates the problem of disadvantaged children over time, both practically and in ethical terms. With regards the former, by failing to cater to their impairments, and by failing to encourage mental and social development from a young age, the current educational system causes children to remain with the same developmental immaturity and powerlessness throughout adulthood. Many of these adults, moreover, resort to begging, theft, and substance abuse. These conditions themselves reproduce the stigma of having a disability and the perception of the disabled as rightful social outcasts. In ethical terms, such stigmatization and discrimination, accompanied by the long term practical consequences for the child, grossly violates the inherent dignity of the human being. His situation becomes akin to that of an animal and his worth is compromised in equal measure. Such treatment is wholly in contravention to the spirit of the UN DHR, the CRC, the ACRWC and the Kenyan Constitution itself which commits to the protection of fundamental rights and freedoms of all individuals.

Solutions Thus far, inclusive education has done little to improve the situation of the child with special needs. A number of solutions can, however, be proposed: Solutions for Children with Special Needs 1. Provide training for all teachers to allow them to cater to children with special needs. This should be initial and in-service training to improve the capabilities of teachers currently

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2.

3.

4.

5.

6.

educating children with special needs, and to increase the stock of capable teachers in the future. y This is in line with the recommendations of the KFCR which states that the government should expand the training of teachers and professionals to cope with [disabled children] 21. y This would involve an addition to the curriculum for training teachers in teacher s colleges, as well as the provision of workshops for practising teachers. y One basic curriculum can be created which outlines specific categories of disabilities, provides clear guidelines that allow teachers to identify children with special needs and the degree of the disability, as well as guidelines to appropriately cater to all categories. Increase the budget for specialized training for teachers who can cater solely to children with special needs. y This would involve a specialized curriculum which takes a specific learning approache to each category of disability. y These teachers can be allotted one class per school which accommodates all special needs children in that school. y Each school can accommodate one or more categories of special needs children in these exclusive classes, so that one school might have a special class for the blind and a special class for the deaf, while another school might have a special class for the mentally impaired. Increase the provision of, and extend the facilities for special schools where possible. y This would involve construction of special schools which can be dedicated to one or more categories of disability. This would also involve increasing the facilities of special schools to accommodate more children with that disability, or to also cater to another disability. y Special schools catering to more than one category would have separate classes and specially trained teachers for each category. Improve the syllabus for special schools and special classes to more fully nurture the development of the child. y These syllabi are constrained at the moment, and this impedes advancement to secondary schools22. Increase the budget for providing special learning materials to all categories of children with special needs, including Braille textbooks, hearing aids, and supplemental learning materials for those with learning impairments. Embark upon awareness campaigns that serve to ameliorate the stigma of having a disability. y The government must be careful to ensure that these campaigns reach rural and remote areas, which are often the least educated, and where the stigma of having a disability is the highest. y This could begin with an addition to school curriculums teaching sensitivity and awareness. Additions could also be made to the curriculum for training professionals who work with children, such as teachers, law enforcement officials, and social service

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workers. y Information could be disseminated through pamphlets, newspapers, seminars and workshops, and special concerts and events such as sporting events with a focus on incorporating the disabled. Additionally, these mediums could benefit from the use of disabled role models to quell the perceived lack of worth of disabled people. 7. Embark upon educational campaigns which allow communities to understand the nature of various disabilities. This is a vital step to dispel prevalent myths and misconceptions on how disabilities come about. y For instance, many community members in Sabatia District believe that epilepsy is contagious and therefore ostracize those with this condition. Many others blame disabilities on witchcraft or being cursed . y Information could be disseminated through the same mediums as those of the awareness campaigns. Changes to school and professional training curriculums should also be made to incorporate this education. 8. Increase the budget to allow for family support programmes which provide material and informational support for parents with disabled children. 9. Create a separate mean score ranking for those with various disabilities. This would encourage teachers to attend to special needs children with equal measure as able children. y This measure is extremely important because it is the easiest and most cost-free method to implement, and would result in immediate changes in teachers practices and attitudes towards special needs children in the classroom. This change alone would allow for a modicum of proper nurturing and development for the child, which would help ameliorate all those negative consequences listed above. y This measure is also in line with the Committee on the Rights of the Child s 2007 report which requests the government to ensure that the principle of the best interests of the child is systematically taken into account in all programmes, policies and decisions that concern children, and especially aiming at addressing vulnerable and disadvantaged children 23. This would involve accurate record keeping of children with special needs in each school, and of the nature and degree of the disabilities. y This would also involve creating standardized guidelines for the scholastic performance expectations for those belonging to the various categories of disabilities. 10. Encourage the provision of vocational training for children with special needs, especially those whose mental impairments or otherwise would impede the attainment of academic related employment in the future. y This training can be integrated into the curriculum of special schools and special classes and offered at least on optional bases. 11. Encourage the maintenance of national, accurate, and up to date statistics regarding the population of disabled people, their demographics, educational levels, and geographical locations. y This would allow the government to more accurately assess the degree of funds y

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necessary to provide adequate special services in the various geographic regions, to various categories of disabled peoples, and at various stages of their educational and professional carers.

Preventive Education Perhaps the biggest tragedy of the situation of children with special needs is that many of their disabilities are preventable. They come as a consequence of lack of education and proper familial support. It is imperative, therefore, that the government makes arrangements for providing support programmes and education for parents and future parents on the importance of proper care for children. Preventive Education 1. Educate children on pregnancy health and care. This education is necessary in primary schools because some girls may become pregnant during the course of primary education, and because many girls may not proceed to secondary education, and may therefore never receive this education. y The curriculum should touch upon on such practices that could harm a foetus, including smoking, drinking, drugs, inadequate nutrition, and strenuous activity. y The curriculum should also encourage girls to do regular clinical check-ups when pregnant, and discourage girls from home births a situation which is most common in rural areas and favoured as a means of saving money. 2. Educate parents and future parents on proper nurturing of children in order to ensure their full and harmonious development. y All points of contact with parents and future parents should be engaged, including newspapers, school curriculums, adult education centres, pre-natal and post-natal care, birth registration, immunisations, routine health checks, and so on. y Educate parents on the importance of proper nutrition for children, in order to prevent permanent stunting of growth and physical impairments. y Educate parents on the importance of providing sufficient mental stimulation for the child, especially in the early years, in order to prevent future learning impairments. y Educate parents on the importance of treating children with love and understanding, in order to ensure the fullest emotional development of the child. y Educate parents against the use of corporal punishment, which can cause aggressiveness, withdrawal, and emotional impairment of the child (see pg 6-7 for more details); encourage the use of positive forms of discipline instead. 3. Engage in health awareness campaigns with a focus on strategies to avoid preventable illness and diseases such as: y Malaria which can be avoided through the use of bed nets

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y y y

Eye problems and breathing problems that come as a consequence of smoke fires in the home, typically used for cooking. Flues, skin conditions, chest problems and so on that may come as a consequence of children sleeping in damp living conditions Jiggers which can be avoided through plastering mud floors with cow dung.

Safe Sex Education

Background The current curriculum for sex education in primary schools is limited in its discussion of safe sex by declaring abstinence as the only means of preventing aids and pregnancy. It is not until secondary school that a more comprehensive education is provided that discusses the use of contraceptives. The justification for this is that teaching safe sex may encourage children to have sex; therefore, primary school children are too young to be taught about safe sex. This is highly problematic for a number of reasons. 1. Safe sex is practiced at the primary school level in many countries worldwide. This education is carefully designed and administered in a professional manner which does not promote sexual endeavours in students. 2. Our research revealed that many children at the primary school level are practicing sex anyways. This evidence comes through extensive consultations with teachers and community members throughout the district, and is corroborated by the Committee on the Rights of the Child which sheds a concern over the high rate of teenage pregnancies in the country as of 200724. Indeed, given that these children have not received safe sex education, at least in school, many who are engaging in sex are likely practising unsafe sex, and therefore risking pregnancy as well as disease transmission. 3. Many primary school children do not proceed to secondary school: over 40% of primary school students drop out after standard eight25. This lowers the chance that they will be knowledgeable about safe sex before they engage in sex. This consequently increases the chances of pregnancy and infection of diseases even when children do reach the age of secondary school pupils.

Consequences One consequence of a lack of safe sex education for primary school children is the spread of aids. In some areas of Sabatia district, we found the rate of infection to be over 10%. A second consequence is pregnancies amongst primary school pupils and adolescents Child and adolescent pregnancies are problematic for a number of reasons:

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1. High rates of stigma for young, unmarried pregnant girls leads to ostracization, mental problems, and even suicide26. 2. Girls invariably drop out of school upon becoming pregnant and almost never return. This is in contravention to the spirit of the CRC and the Committee on the Rights of the Child which dictates that states should continue to provide support to pregnant teenagers and ensure the continuation of their education 27. 3. Due to a lack of proper education and employment prospects, many child and adolescent mothers and their babies are subjected to severe poverty. 4. Due to severe poverty, many child and adolescent mothers become victims of child labour, and sexual exploitation. 5. Due to a lack of education and severe poverty, many pregnant children and adolescents, as well as new mothers fail to provide their babies with the support and care necessary for the healthy development of the child. As a consequence, many children are born with, and develop in the early years of life, physical and mental impairments. y For instance, malnutrition in the early years of life can result in permanent stunting of growth and physical impairments. This contributes significantly to the number of children with special needs in the community. y This situation is compounded by limited capacities for early detection and treatment of children with disabilities, especially in rural areas. Together, a lack of awareness of safe sex, leading to the spread of diseases and child and adolescent pregnancies fosters poverty in the community, and contributes to the spread of aids, the problem of child labour and sexual exploitation. Solutions There are a number of solutions the government can take to alleviate the problems enumerated above. Ways to encourage safe sex amongst children and adolescents 1. The first and most pressing task to be taken is to introduce safe sex education into primary schools. y This recommendation is in line with the Committee on the Rights of the Child which encourages the government to systematically include comprehensive information about HIV/AIDS and sex education to youth including... the promotion of contraceptive use . This is to be done with particular focus on the prevention of teenage pregnancies, unsafe abortions and sexually transmitted diseases including HIV/AIDS 28. y This would have to be introduced in conjunction with sensitivity awareness for parents and other community members, such as religious leaders, who may resist such implementation. They would have to be educated on the problems associated with not allowing for safe sex education in primary schools, and the benefits of introducing such education.

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The success of such programmes in other countries can be invoked as an example, and a justification for this new curriculum. y This new curriculum must be designed through inclusive and participatory processes that involve a close consultation with professionals from various disciplines, including teachers, lawyers, social service workers, parents, and religious leaders. 2. Increase the provision of family support services and counselling for pregnant women. y These services must continue to promote safe sex, and must include mental health counselling, as well as parenting education to reduce the incidence of preventable diseases and impairments resulting to the child. 3. Integrate a focus on the responsibility of the father in awareness campaigns. Young girls (and women alike) must not be left to undergo pregnancy and parenthood alone. At the very least, the father must be legally obliged to provide financial support to his child. 4. Create special classes and, if possible, special schools that provide education for pregnant girls, and thereby encourage pregnant girls to stay in school. y These special classes and/or schools would be administered by teachers trained in pregnancy health and care. y Pregnant girls would receive the same education as in the normal educational system, but would also receive additional support and information relating to reproductive health and good parenting. y These special classes and/or schools would also allow pregnant girls to avoid any stigma from peers during pregnancy, and to gain support from similarly placed others. y

Concluding Remarks
This report has reviewed findings from field research carried out over a large section of rural Kenya Sabatia District We believe our sample, which included representatives from 100 primary schools, was sufficiently large to be representative of rural areas throughout Kenya. This was especially so because our results were corroborated by a number of independent studies by International NGOs, including Human Rights Watch, and Global Initiative to End All Corporal Punishment For Children29. Overall, our research revealed that there is still a long way to go in the full protection of children s rights. Many issues will require government action in initiating, funding, and sustaining projects for the promotion and protection of children s rights. Legal and practical measures alone, however, are insufficient. What is most of all necessary is major attitudinal changes and cultural shifts throughout the country. These changes must be hastened by the government through awareness and educational campaigns. Only then will legal measures, and monitoring and enforcement practices achieve legitimation and effectiveness, and sustain the commitment of the community. In all these endeavours, the government must place the best interests of the child as the guiding principle. This can come most easily and effectively by incorporating children themselves into the quest

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for change, for instance, by incorporating children s input into the design of new curriculums. This strategy has been taken in a number of countries, and has resulted in unexpected returns of success and enlightened perspectives30. The Committee on the Rights of the Child has invited the government to submit its next report by September, 2012, detailing the country s progress in fulfilling its obligations under the International Convention on the Rights of the Child. The recommendations of this report can go a long way to assist in this progress by revealing some major stumbling blocks in the realization of children s rights in rural Kenya, and by illuminating some useful and necessary steps to overcome them in advancement towards the complete and unbiased realization of children s rights throughout Kenya.

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Appendix
CONTACT INFORMATION

Students for International Development Name Sam Salih Julian Dyer Heath Campbell Position Project Manager Project Manager Project Manager Telephone 0700 625 348 0700 625 319 0700 625 375 E-mail marianne.salih@utoronto.ca juliandyer@rogers.com heath.campbell@gmail.com

People s Rights Forum Name Mbuni Racheal Yasena John Okwemba Position Director Programme Officer Telephone 0733 807 509 0700 360 319 E-mail ryasena2007@yahoo.com ----

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CHILDREN S RIGHTS WORKSHOP

Principle 1 All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Principle 2 The United Nations Declaration of the Rights of the Child opens by declaring that children have equal access to their Rights, without distinction or discrimination on account of race, tribe, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, whether of himself or of his family. This principle can be violated in very subtle ways, with far-reaching consequences for the child s future development. One of these violations is prioritizing the education of male children over female children. This distinction creates, very early in a child s development, the basis for inequality of opportunity among men and women and leads to broader gender discrimination during adulthood. Principle 3 These rights are all subject to respect for the rights and freedoms of others and for the public interest Principle 4 All children are entitled to enjoy the benefits of social security. This means all children have the right to adequate nutrition, housing, recreation and medical services. Teachers should make an effort to become aware of children being deprived of the aforementioned rights. Teachers should report deprivations to the People s Rights Forum, by means of the contact teacher in the school, as well as informing children of what entitlements they are being denied. Additionally, the teacher should take a proactive role in encouraging the growth of children s advocacy groups that adequately represent the deprivations prevalent in the community. Principle 5 The child who is physically, mentally or socially handicapped should be given the special treatment, education and care required by his particular condition. Teachers should take the initiative to determine whether a student bears one of the previously listed handicaps. Teachers should then attempt to ensure that special attention is afforded them in the classroom, and if deemed appropriate by both teachers and the parents of the child, transfer the student to a specialized school.

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Principle 6 The child, for the full and harmonious development of his personality, needs adequate attention, love and understanding. Society and the public authorities shall have the duty to extend particular care to children without a family and to those without adequate means of support. Teachers should make an attempt to create an atmosphere of affection and of moral and material security in the classroom, especially where the domestic situation is insufficient. This could many forms, including but not limited to: where a child is separated from his mother, where a child experiences abuse, where a child s parents are for whatever reason unable to provide the aforementioned rights. Principle 7 All children are entitled to receive an education, which shall be free and compulsory, at least in the elementary stages. The child shall be given an education on a basis of equal opportunity, without distinction. This education will also help to develop individual abilities, judgment and a sense of moral and social responsibility, and enable the child to become a useful member of society. The best interests of the child shall be the guiding principle of those responsible for his education and guidance; that responsibility lies heavily with the teachers. While there may be no school fees and education may officially be free and compulsory, teachers should be aware of the hidden and secondary costs of education that may prevent a student from benefiting from the opportunity of elementary education. These hidden costs include, but are not limited to, the opportunity cost to a family of the child s lost labour, the cost of school uniforms and supplies, the burden of packing a lunch for the student. as well as any extra transportation costs incurred. Principle 8 The child shall be protected against all forms of neglect and exploitation. He shall not be the subject of traffic, in any form. The child shall not be admitted to employment before an appropriate minimum age; he shall in no case be caused or permitted to engage in any occupation or employment which would prejudice his health or education, or interfere with his physical, mental or moral development. The teacher should, as an important impartial caregiver external to the family, take the initiative to determine if a child is subject to neglect, cruelty and/or exploitation. These factors may have a dramatic, negative effect on a child s scholastic performance; in the case that a teacher notices a child s performance suddenly decreasing, the teacher should determine whether employment or other external factors are jeopardizing the child s education.

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In many cases, exploitative employment of children, such as dangerous or overly strenuous situations in an industrial setting, engender the health and education of the child. Should a teacher suspect that a child is exposed to an inappropriate work environment, the teacher should report their suspicions to People s Rights Forum, by means of the contact teacher in the school. Principle 9 The child shall be protected against all forms of cruelty. No child shall be subjected to torture or to cruel, inhuman, or degrading treatment or punishment. The teacher should refrain from engaging in corporal punishment or humiliation as corrective measures, as these are ineffective and inhumane methods of modifying student behaviour. Experience of this type of treatment from an early age teaches the child that physical and emotional abuse is an appropriate means of resolving disputes and difficulties. Reacting harshly to misbehaviour creates hostility and resentment amongst children towards the authority figure, and does nothing to address and/or alleviate the issues. Alternative forms of punishment can teach children positive ways to resolve conflict, and can also deal with the root causes of conflict. Some alternative and more effective ways of dealing with misbehaviour include: y y y y y y The use of misdemeanour cards Withholding privileges to the child, such as recess time Detention/Limited suspension Use of positive reinforcement e.g. reward systems/clapping Discussion with students to explain the issue (parents can also be brought in, if necessary) Requiring letters of apology

The teacher should also take an initiative to determine whether a child is being subject to corporal punishment and cruelty in the home. This can be done by being sensitive to: bruises; a sudden drop in performance; inattentiveness; absenteeism; and unexplained changes in enrolment status. Principle 10 The child shall be protected from practices which may foster racial, religious and any other form of discrimination. He shall be brought up in a spirit of understanding, tolerance among peoples, and in full consciousness that his energy and talents should be devoted to the service of his fellow men. In this regard, the teacher can be a good role model for the children, by making his conduct in the classroom an example of toleration, and treating students without discrimination. The teacher can also educate children on the inherent equality and dignity of all people. In this way, the teacher can work to discourage and correct parochial prejudices and discrimination among children.

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Getting Involved: Teachers can become involved in many ways: Educate students on their fundamental and constitutional rights and freedoms Educate children about the broader importance of rights protection and advocacy to society, and try to instil a respect for human rights that the children will carry into adulthood Take a proactive role in encouraging the growth of children s advocacy groups that adequately represent the deprivations prevalent in the community Increase confidence among students in gathering and reporting human rights violations Selection and encouragement of students in at risk groups

We would like to request that each teacher, in consultation with their school s head teacher, call a staff meeting upon returning to their school, in order to share the knowledge and experience learned today. Each teacher will receive a hard copy of this workshop that can be circulated to staff. We would also like to request that teachers take a leading role in protecting and fostering the rights of vulnerable children through the formation of Children s Rights Clubs in their schools. These clubs would become a direct means for students to report any violations of their rights to People s Rights Forum. The Clubs would be made up of a boy and a girl representative, elected by each of the eight standards at the primary schools every year. These sixteen members, supplemented by occasional extra members who feel strongly about the issues, can assist in educating their fellow students of children s rights and responsibilities, and can collect reports of rights violations. They can also use the contact information below to report abuses to the contact teacher (the teacher who assumes the responsibility of coordinating and assisting the Children s Rights Club), the head teacher, and People s Rights Forum, who will then co-ordinate a broader long-term response to the situation. The teachers who facilitate the Children s Rights Clubs should place an emphasis on the importance of human rights, and encourage the children to demand that their rights be respected. Additionally the contact teacher can, in consultation with the staff, arrange to set up a report box in a confidential place in the school, which would allow students to place anonymous reports of violations of their rights. These reports can be collected by People s Rights Forum, and used to address concerns in each participating school. Finally, the contact teacher should be available as a means for other teachers in the school to report their concerns about abuses of children s rights to People s Rights Forum.

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CHILDREN S RIGHTS CLUB POLICY Mandate: The Children s Rights Club (CRC) is a volunteer, student run organization that seeks to raise awareness of children s rights by educating students on their rights and responsibilities. The CRC also seeks to collect reports of children s rights violations, and to discuss and address these violations, in close consultation with the school head teacher, the contact teacher, and People s Rights Forum. 1. General Election a. Elections shall be held once per year b. One boy and one girl from each standard should be elected by their class. This means that there will be eight boys and eight girls represented in the club. c. Teachers should coordinate, but not participate in, or influence the election. d. Votes should be taken confidentially e. The boy and girl from each class with a majority vote (i.e. the highest number of votes) shall be offered the position of class representative for the children s rights club f. Students who are offered a position on the CRC shall be educated on the responsibilities they shall hold before they are appointed. i. The students must understand and agree to abide by these responsibilities before they take their appointment. 2. Meetings a. General Meetings shall be held bi-weekly b. The focus of the meetings shall be to discuss rights violations occurring amongst the students in the school c. Meetings will be coordinated by the chairman and the secretary. d. General Meetings shall be held amongst the 16 student members of the club only. i. Other students with a strong interest in participating in a general meeting for the purposes of addressing a violated right can also participate in general meetings, with the permission of the Chairman and the Secretary e. The Chairman and the Secretary shall consult the head teacher and/or the contact teacher after the meeting, of the matters arising in the General Meeting. i. The Chairman and the Secretary are at liberty to hold the proceedings of the General Meeting confidential, or to withhold the names of children reported to have had their rights violated, if requested to do so by the students, and/or if deemed appropriate and necessary by the Chairman and the Secretary f. The Chairman and the Secretary shall write a short summary of the issues discussed in the General Meeting, especially concerning rights of students which have been violated. i. The Chairman and the Secretary are at liberty to write this short summary with the aid of the head teacher and/or the contact teacher ii. The summary records of the General Meeting shall be maintained by the head

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teacher and/or the contact teacher. 3. Duties a. The Contact Teacher i. Shall be especially responsible for educating students of their rights and responsibilities ii. Shall collect reports from students, either verbally or in writing, regarding violations of children s rights 1. Shall maintain at all times, unless permitted by students otherwise, to respect the confidentiality of students who report a violation of their rights iii. Shall share these reports with the head teacher and People s Rights Forum iv. Shall assist the Chairman and the Secretary in writing short summaries of the proceedings of General Meetings v. Shall assist the Chairman and the Secretary , along with the head teacher, in maintaining records of the proceedings of General Meetings 1. Shall also assist the Chairman and the Secretary in maintaining records of written reports of rights violations given to the Chairman, the Secretary, and/or general members. vi. Shall assist the Chairman and the Secretary in any difficulties they find in adequately fulfilling their duties b. Chairman and the Secretary i. The Chairman shall be drawn from standard eight and shall be amongst one of the two representatives selected from standard eight. ii. The Secretary shall be drawn from standard seven and shall be amongst one of the two representatives selected from standard seven. iii. Shall be especially responsible for educating fellow students of their rights and responsibilities iv. Shall collect reports from students, either verbally or in writing, regarding violations of children s rights 1. Shall address said rights at General Meetings 2. Shall maintain at all times, unless permitted by students otherwise, to respect the confidentiality of students who report a violation of their rights 3. Shall date and file written reports, with the aid of the contact teacher. v. Shall call and chair a General Meeting bi-weekly vi. Shall mediate any conflicts arising within the General Meeting vii. Shall write a short summary of the issues discussed in the General Meeting, which can be done with the aid of the head teacher and/or the contact teacher viii. Shall keep records of the proceedings of General Meetings, with the aid of the contact teacher and/or the head teacher.

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ix. Shall, with the permission of the head teacher, call an Emergency Meeting in the case of a serious rights violation 1. In the case of a serious rights violation, the Chairman and the Secretary can also report the matter straight to the head teacher, or to People s Rights Forum x. Shall, with the permission of the head teacher, call a special General Meeting in the occasion that a representative from People s Rights Forum will visit to assess the progress, reports, and concerns arising within the club 1. Shall notify the general members of the special General Meeting at least one meeting prior, in order to allow students to identify any issues they would like to discuss with People s Rights Forum at the special General Meeting. c. General Members i. Shall be responsible for educating fellow students of their rights and responsibilities ii. Shall collect reports from students, either verbally or in writing, regarding violations of children s rights 1. Shall address said rights at General Meetings 2. Shall maintain at all times, unless permitted by students otherwise, to respect the confidentiality of students who report a violation of their rights 4. Reporting a. Through the Chairman and the Secretary i. Any student can report a violation of their rights to the Chairman and The Secretary , either verbally or in written form 1. The Chairman and the Secretary is responsible for discussing these reports at General Meetings, as well as any reports received by general members a. Any collected written reports shall be dated and filed, with the aid of the contact teacher and/or the head teacher. b. Through the class representatives i. Students can also report a violation of their rights to their class representatives (one boy and one girl), either verbally or in written form ii. The class representative is responsible for passing these reports on to the Chairman and The Secretary to discuss at General Meetings c. Through the report box i. Any student can, at any time, write a rights violation they have experienced, which can be signed or written anonymously, and dropped into the report box ii. The report box will be placed in a secluded area in the school, which will allow for reporting to be as confidential as possible

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iii. The report box shall stay locked at all times, unless reports are being collected by the head teacher, the contact teacher, and/or People s Rights Forum 5. Peoples Rights Forum a. Duties i. Shall, with the permission of the head teacher and contact teacher, send a representative to visit the school in order to assess the CRC 1. Shall send at least one full week s notification prior to visiting the school, in order to allow the CRC time to identify issues they would like to discuss with the representative 2. In assessing the CRC, the representative shall attend a special General Meeting to discuss the progress, reports, and concerns arising within the CRC 3. The head teacher and contact teacher may attend the special General Meeting 4. The representative shall keep all reports arising within the special General Meeting confidential, unless given permission to do otherwise by students ii. The representative shall collect reports from the Report Box as well as any other reports filed by the Chairman and the Secretary, with the aid of the contact teacher and the head teacher. iii. Shall collectively, and in consultation with Students for International Development, the head teachers and contact teachers of participating schools, decide on the best means of addressing the rights violations found in the schools.

CHILDREN S RIGHTS WORKSHOP FOR CHILDREN Partners Involved: People s Rights Forum People s Rights Forum are a group of individuals who care about the rights of children, and are committed to protecting them from harm and abuse. What are Rights? Rights are things that you have simply by being a human. As a child, you have special rights that protect you from being treated badly or hurt. For example, a child has the right to go to school. These rights can

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never be taken away by anyone. What are Responsibilities? Responsibilities are things that you have to do. For example, you are responsible for helping your parents with household chores. Children s Rights Club A Children s Rights Club is suppose to give kids an easy, fun, and comfortable way to express themselves, and to speak out about any harm done to them. This club is made up of a boy and a girl chosen by their class. You children were picked by your friends because they trust you, and it s now your job to tell your friends about the importance of rights, and how it affects their lives. You should also tell them how important it is to demand that people respect their rights. What are my Rights and Responsibilities? 1. All children are equal. This means children should be treated the same, even if they look or act differently. You should never treat someone unequally because they are different from you. Boys and girls are equal, Muslims and Christians are equal, and people from different families, who live in different areas, are equal.

2. Having rights means you have a responsibility to treat other children with respect, and they should respect you too. 3. You have the right to food, the right to play, and a house to live in. You also have the right to go see a nurse when they are sick.  You have a responsibility to appreciate the hard work your parents do to make sure you have food to eat. You should be grateful for the food you receive.  You are responsible for finishing your schoolwork and your house chores before playing.  Your are responsible for helping your parents keep the house clean, and to do the housework. 4. Even if children have special problems, they should be treated equally, and not left out for being different. You can be a good friend by teaching others to include people with special needs. You should look out for parents who are hiding disabled children in the home, and report these incidents to your teachers. 5. You have the right to go school and learn. You should not stop going to school because of early

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marriages, early pregnancies, or too much work.  You are responsible for attending school every day, and working hard. 6. You should be safe from being neglected or exploited. This means that you should not be doing an adult s work. It s good for you to help out your family at home, but you should not have to do any very hard work that stops you from going to school. 7. You should be safe from cruelty. This means that you cannot be treated in a mean way, or abused with words. You should not be punished by being humiliated or hit. Instead, teachers and parents should find kind ways to solve problems.  You are responsible for listening to your teachers and parents, and obeying what they say.  You are responsible for behaving yourself in the classroom and at home.

Notes
1

Global Initiative, Ending legalized violence against children , Global Report 2007. Human Rights Watch, Rights at Risk: Issues of Concern for Kenyan Children , A Report Prepared for the Committee on the Rights of the Child by Human Rights Watch, April 2001. The Kenya NGO CRC Coalition, Supplementary Report to Kenya s First Report on Implementation of the UN Convention on the Rights of the Child , March 2001. 3 Committee on the Rights of the Child, Consideration of Reports Submitted by States Parties under Article 44, Concluding Observations: Kenya , Forty Fourth session, February 2007. S. 14 4 Committee on the Rights of the Child, Consideration of Reports Submitted by States Parties under Article 44, Concluding Observations: Kenya , Forty Fourth session, February 2007. S. 32 5 See Kenyan Alliance for the Advancement of Children for more information on the setting up of Children s Rights Clubs which this NGO has encouraged in other parts of Kenya. 6 Global Initiative to End All Corporal Punishment for Children, Ending legalized violence against children , Global Report 2007. 7 Global Initiative to End All Corporal Punishment for Children, Ending legalized violence against children , Global Report 2007. 8 Global Initiative to End All Corporal Punishment for Children, Prohibiting Corporal Punishment of Children: A guide to legal reform and other measures , January 2008. 9 Global Initiative to End All Corporal Punishment for Children, Prohibiting Corporal Punishment of Children: A guide to legal reform and other measures , January 2008. 10 Committee on the Rights of the Child, Consideration of Reports Submitted by States Parties under Article 44, Concluding Observations: Kenya , Forty Fourth session, February 2007. S. 35

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Newell, Peter, on behalf of Global Initiative to End All Corporal Punishment for Children, Violence in Schools Banning Corporal Punishment , June 2005. 12 Preamble to the African Charter on the Rights and Welfare of the Child. 13 Newell, Peter, on behalf of Global Initiative to End All Corporal Punishment for Children, Violence in Schools Banning Corporal Punishment , June 2005. 14 Global Initiative to End All Corporal Punishment for Children, Prohibiting Corporal Punishment of Children: A guide to legal reform and other measures , January 2008. 15 The Kenya NGO CRC Coalition, Supplementary Report to Kenya s First Report on Implementation of the UN Convention on the Rights of the Child , March 2001. S. 4.1. 16 African Charter on the Rights and Welfare of the Child. S. 3. 17 The Kenya NGO CRC Coalition, Supplementary Report to Kenya s First Report on Implementation of the UN Convention on the Rights of the Child , March 2001. S. 4.4. 18 The Kenya NGO CRC Coalition, Supplementary Report to Kenya s First Report on Implementation of the UN Convention on the Rights of the Child , March 2001. S. 4.4 19 The Kenya NGO CRC Coalition, Supplementary Report to Kenya s First Report on Implementation of the UN Convention on the Rights of the Child , March 2001. S. 4.5. 20 The Kenya NGO CRC Coalition, Supplementary Report to Kenya s First Report on Implementation of the UN Convention on the Rights of the Child , March 2001. S. 4.6. 21 The Kenya NGO CRC Coalition, Supplementary Report to Kenya s First Report on Implementation of the UN Convention on the Rights of the Child , March 2001. S. 4.9. 22 The Kenya NGO CRC Coalition, Supplementary Report to Kenya s First Report on Implementation of the UN Convention on the Rights of the Child , March 2001. S. 4.6. 23 Committee on the Rights of the Child, Consideration of Reports Submitted by States Parties under Article 44, Concluding Observations: Kenya , Forty Fourth session, February 2007. S. 27. 24 Committee on the Rights of the Child, Consideration of Reports Submitted by States Parties under Article 44, Concluding Observations: Kenya , Forty Fourth session, February 2007. S. 49. 25 UNICEF; Statistics on Kenya. Accurate as of 2008. 26 Committee on the Rights of the Child, Consideration of Reports Submitted by States Parties under Article 44, Concluding Observations: Kenya , Forty Fourth session, February 2007. S. 49. 27 Committee on the Rights of the Child, Consideration of Reports Submitted by States Parties under Article 44, Concluding Observations: Kenya , Forty Fourth session, February 2007. S. 49. 28 Committee on te Rights of the Child, Consideration of Reports Submitted by States Parties under Article 44, Concluding Observations: Kenya , Forty Fourth session, February 2007. S. 51; S. 52. 29 Global Initiative to End All Corporal Punishment for Children, Ending legalized violence against children , Global Report 2007. Human Rights Watch, Rights at Risk: Issues of Concern for Kenyan Children , A Report Prepared for the Committee on the Rights of the Child by Human Rights Watch, April 2001 30 Global Initiative to End All Corporal Punishment for Children, Problems and Solutions .

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