Abstract
Children’s rights date back to international legislation such as the Geneva Declaration on the Rights of the Child of 1924, the Universal Declaration of Human Rights of 1948, the United Nations Declaration on the Rights of the Child of 1959, and the United Nations Convention on the Rights of the Child (UNCRC) of 1989. Zimbabwe is a signatory to the UNCRC of 1989. Therefore, it is obliged to protect children’s rights, including those of orphans and vulnerable children. To attempt to protect and fulfil rights of orphans and vulnerable children, Zimbabwe introduced foster homes. This study aimed to explore the implementation of children’s rights and the risk factors impeding children’s rights in foster homes in Harare, Zimbabwe. Further, the study investigated the protective factors that contribute to the fulfilment of children’s rights in seven foster homes and proposed guidelines to help implement and promote those protective factors. The study adopted a qualitative research approach, anchored in a social constructivist paradigm using a multiple case study design. The study included 76 participants who were selected using purposive and convenient sampling. The sample consisted of 42 children (age range six-to-seven years) and 34 caregivers aged between 22 and 70 years. The seven foster homes were the cases studies. Three methods were used to collect data, namely, individual semi-structured interviews, focus group discussions and collages. Thematic data analysis was used to analyse the data.
The findings indicated that generally, the provision rights like the right to a standard of living was good, however most of the rights were fairly implemented due to lack of resources. Specifically, the right to identity was poorly met. Generally, the protection right to a safe environment was fairly met, however, the right to be loved and the right to be protected from abuse were poorly met due to some evidence of exploitation and physical abuse in the foster homes. Despite the purported exploitation, foster homes provided food, shelter, clothes and other necessities. Participatory rights were fairly met, but children’s socialisation was limited due to the COVID-19 pandemic restrictions and some restrictive regulations imposed by the Department of Social Development (DSD). Although there were challenges in implementing children’s rights, foster homes attempted to fulfil the rights of children to the best of their ability. Several risk factors that impeded the implementation of children’s rights were identified. These included restrictive Ministry of Home Affairs regulations,
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impact of the COVID-19 pandemic, children’s adverse backgrounds, caregivers’ beliefs, the poor economy and the low caregiver to child ratio. The study also found some protective factors that promoted children’s rights. These were collaborative efforts of different stakeholders, income generating projects, conducive caregiver child ratio, financial and material resources and open lines of communication.
Some guidelines were proposed for the effective implementation of children’s rights. These included crafting of implementable policies, and a conducive environment for better quality of life. This study fills a gap in the literature where little research has been done regarding the children in the early childhood age range of six to seven years in Zimbabwe. This study contributed by giving children and caregivers a platform to express their voices. Given the age-appropriate data collection procedures, the children could provide rich accounts in line with their experiences in foster homes, as evidenced in this study.
Key words: African Charter on the Rights and Welfare of Children, children’s rights, Constitution of Zimbabwe, early childhood, foster homes, United Nations Convention on the Rights of the Child.