Analysis of the Models for the Guardianship of Children in Africa

Abstract

By enacting child-specific legislation to regulate the guardianship of children, Côte d’Ivoire, South Africa and Uganda have taken steps which are in line with their international law obligations to take legislative and other measures which are appropriate for the implementation of the rights of children. However, the three countries have addressed this obligation from different perspectives and this provokes a need for an investigation into the different models employed by the countries to see if anyone or all of these models are capable of realising the rights of children deprived of parental care. This chapter highlights the similarities and differences among the different models employed in the countries with a view to establishing the potentials of the different models to achieve the protective role which is necessary for the children in need of care and guardianship. It looks at the advantages and disadvantages of each of the models and highlights the strengths and weaknesses of the individual approach. It further underscores the fact that traditional African values play a pivotal role in understanding the concept of children and childhood in Africa and in shaping the protection available to children in the countries discussed.