ACERWC African Committee of Experts on the Rights & Welfare of the Child undocumented immigrants should benefit from special measures including their registration.106 The registration should be universal and based on the principle of non-discrimination. 2.5 Family protection and parental care Article 9 of CRC also enjoins State Parties to take measures to prevent the separation of a child from his or her parents against his or her will. Closely related to article 9 is article 10 which requires State Parties to consider applications for reunification of children with their parents in a ‘positive, humane and expeditious manner’107 Article 11 provides the State’s obligation to take measures to prevent the illicit transfer and non-return of children abroad. Article 20 of CRC guarantees the right to special protection and assistance by the State to children who are temporarily or permanently deprived of their family environment. Article 22 of CRC provides for the rights of children seeking refugee status and refugee children, obligating the State to ensure that such children receive appropriate protection and humanitarian assistance in the enjoyment of their rights under the Convention and other relevant treaties. The ACRWC under Article 19 provides for parental care and protection. Article 19 states that every child has the right to enjoy parental care and protection and is entitled to reside with his or her parents. A child may only be separated from his or her parents against his or her will, except when a judicial authority makes a determination in line with the appropriate law and it is in the best interest of the child.108 In addition, where a child is separated from one or both parents, he is entitled to maintain personal relations and to have direct contact with both parents regularly. Several member states have taken steps to put in place constitutional and legislative measures to ensure parental care and protection. For instance, the Constitution of Kenya 2010 under Article 53(1) (e) provides that every child is entitled to parental care and protection, which includes equal responsibility of both parents to provide for the child, whether they are married to each other or not. Kenya’s Children Act No.8 of 2001 under Section 6 states that children have the right to live with and to be cared for by their parents unless a court or Director of Children’s Services determines in line with the law that it is in the best interests of a child to separate him or her. In Uganda, Article 31 of the Constitution states that ‘children may not be separated from their families or persons entitled to bring them up against the will of their families or of those persons, except in accordance with the law.’ In Tanzania Law of the Child Act No. 21 of 2009 under Section 7 provides that every child has a right to live with his parents or guardians. The Section further provides that a person should not deny a child the right to live with his parents, family or guardian unless a court decides that living with his parents or family will lead to ‘significant harm to the child, subject the child to serious abuse or not in the best interest of the child. The Nigeria’s Child’s Rights Act No. 26 of 2003 under Article 14 provides that every child has a right to parental care and protection. The ACRWC under article 25 provides that where a child is permanently or temporarily deprived of his or her family environment for any reason, the child has the right to special protection and assistance. The article also places an obligation on state parties to ensure that a child who is temporarily or permanently deprived of his or her family environment, or who in his or her best interest cannot be brought up or allowed to remain in that environment is provided with alternative family care, which could include, foster placement, or placement in appropriate institutions for the care of children. Article 25 also requires states to take all necessary steps to trace and re106 107 108 32 ACERWC General Comment No. 2 (n 83 above) Para 51. Art 10(1) of the CRC. Article 19 (1) of the ACRWC.