ACERWC
African Committee of Experts on
the Rights & Welfare of the Child
Chapter 6
THE POLICY AND INSTITUTIONAL CONTEXT
PROTECTING CHILDREN ON THE MOVE
6.1 Legal and Institutional challenges
The analysis conducted by this study highlights a number of issues that result from weak legal
and institutional frameworks. It is noted, however; that countries have sought to address some
of the legal and institutional bottlenecks within the framework of their existing legislation while
neglecting other important areas therefore leading to abuses (see Figure 10).
Figure 10: key issues faced by children on the move
Many of the weaknesses above relate to a lack of clear institutional positioning on the notion
of children on the move.488 Indeed, not all countries have implemented legal and institutional
measures to protect the rights of the child in a consistent manner.
Other challenges related to this institutional constraint are the inadequacy of the legal framework
to respond to problems faced by children on the move and the lack of adequate systems to trace
children on the move, apart from those who are apprehended and identified at national border
points.489 Weaknesses in national systems affecting children more generally inevitably also impact
on child migrants. The case of Ghana illustrates this well. While the country made significant
strides in improving its birth registration system (from 17% coverage in 2002 to 58% in 2014), it
remains a challenge to ensure full coverage. Two groups of children are affected by this systemic
weakness: children in rural areas and asylum-seeking and refugee children.490ystemic weakness:
488
Terre Des Hommes, The Added Value of Accompaniment (2014) p 42. Available at
<https://www.tdh.ch/en/media-library/documents/added-value-protective-accompaniment>
(Last accessed on 7 April 2018).
489
As above p 43.
490
UN Committee on the Rights of the Child. 2015, Concluding observations on the combined third to fifth
periodic reports of Ghana. CRC/C/GHA/CO/3-5. Pg 6. <http://www.refworld.org/cgi-bin/texis/vtx/
rwmain?page=publisher&docid=566fc3944&skip=0&publisher=CRC&querysi=ghana&searchin
=fulltext&sort=date> last accessed 15 July 2018.
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