SECTION VI: FAMILY ENVIRONMENT AND ALTERNATIVE CARE 6.0 Parental Care and Protection (Article 19) Two major kinds of family structures exist in Uganda: the nuclear family which comprises of the husband, wife and their children; and the extended family which consists of the nuclear family plus the near and distant relations of the husband and wife. In addition there are the polygamous families, the single parent families and of recent, child headed families as a result of the impact of HIV/AIDS. It is the responsibility of parents and their rights to take care of their children as expressed in Section 6 of the Children Act. The welfare principle which embodies the principle of the best interest of the child, underpines the responsibilities of parents towards raising their children. Government of Uganda is implementing a National Early Childhood Development (NECD) project with the objectives of educating parents on how to prepare a firm foundation for their children. Implementation has been ongoing in 25 districts through various NGOs and CBOs between 2000 and 2005. 6.1 Parental Responsibilities (Article 20) The primary duty of child care naturally and by law falls on the parents. The Constitution in Article 31 (4) provides that it is the right and duty of parents to care for and bring up their children. The Children Act section 6 emphasizes the responsibility of parents toward their children. It states that “every parent shall have the responsibility for his/her children”. The Children Act also provides that in the upbringing of the child, any decision made on behalf of the child shall be in the best interest of the child. The duty, in the absence of biological parents falls on the extended family though this is not outlined anywhere and is also getting weakened due to the increasing burden of orphans. The Children Act provides for support of children by the local authorities in case the parents or guardians are unable to take proper care of their children (part III section 11-13). The local authorities are required to provide assistance to the children in need in their areas of jurisdiction. The Government of Uganda is unable to provide direct assistance to children of single parent families and those from the disadvantaged groups, but it has created an enabling environment for the emergence of organizations that focus on such children. Such organisations include: the Single Mothers‟ Association, Save the Children in Uganda, African Network for Prevention of Child Abuse and Neglect (ANPPCAN), World Vision, Christian Children‟s Fund, Gulu Save the Children Organization (GUSCO), Concerned Parents‟ Association, Action for Children, Feed the Children, Action Against Child Abuse and Neglect (AACAN) and other actors that provide services to specific groups of vulnerable children. 6.3 Separation from Parents (Article 25) In line with Articles 25 and 19 (1 and 2) of the Charter, the Ugandan Constitution under Article 31 (5) provides for the right of children not to be separated from their families or the persons entitled to bring them up, against the will of their families or those persons, except in accordance with the law. The provision in the Constitution provides for implementation in the Children Act Section 5 where a competent authority is required to determine, in accordance with the laws, that separation from parents is in the best interest of the child, the best substitute care shall be made available for that child. The Probation and Social Welfare Officer based at each district local government structure, is responsible for ensuring that a child whose best interests are at stake is provided with appropriate alternative care. A Supervision Order is provided for placing such a child under the supervision of the Probation and Social Welfare Officer, while leaving the child under the care of the parents. 19

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