Chapter Five
Family Environment and Alternative Care
Articles ) 20)(1-20)(3,2-19)(25)(25- b 2)(3-18)(24)(16)(27) of the Charter
Parental Care; Parental Responsibilities; Separation of Child from Parents; Family
Reunion; Maintenance and Qualification of Child; Adoption; Abuse, Exploitation,
Neglect, Psychotherapy and Social Integration
Official agencies of social welfare and NGOs are exerting relentless efforts to
enact all Charter’s article related to family environment and alternative care
out of their deep belief that it is a right of the child to live and grow in a caring
and protective family regardless of the surrounding circumstances.
Nevertheless, there are many challenges that faced the programs and activities
aiming at achieving targeted objectives. Such challenges include armed
conflicts and natural disasters that produced massive population movements
and displacement of families and communities. This in turn has its direct and
indirect impact on children, especially children who were forced to be
separated from their families.
The National Interim Constitution of the Republic of the Sudan, 2005, the
Constitution of Southern Sudan and all state constitutions consider family as
the basis of society.
Article 5-2-f of the Child Act, 2010 stipulates that parents are responsible for
the upbringing of children and the state shall endeavor to provide appropriate
assistance to families in this regard. The same Article maintains that the
natural family made up of two parents is the ideal environment for the
upbringing of children; thus parents bear the prime responsibility of
upbringing of children.
Article 25-1 of the Child Act, 2010 provided for alternative care for children
who face difficult family conditions that prevent their upbringing in natural
families. Such children may be referred to their first degree relatives,
alternative families according to Sharia law provisions for Muslims or
adoption according family affairs law for non-Muslims.
Article 26 of the Child Act, 2010 stipulates that the Ministry of Social Affairs
shall provide homes for children deprived of family care. Regulations issued
in accordance with the provisions of this Act shall stipulate functions,
competencies and organizations of such homes.
Article 27 of the Child Act, 2010 stipulates that the Ministry of the Interior
shall provide homes for delinquent children. Regulations issued in accordance
with the provisions of this Act shall stipulate functions, competencies and
organizations of such homes.
Alternative family care system provides social, psychological and health care
for children deprived of natural family care. There are certain regulations,
30