Models on the Guardianship of Children in Africa

Abstract

Côte d’Ivoire, South Africa and Uganda have all ratified the CRC and the ACRWC. They are therefore under an obligation to bring their national laws in line with their international obligations. These countries have taken steps to implement these provisions by the enactment of legislation and policies in this regard. The Constitutions of Côte d’Ivoire, South Africa and Uganda have child-specific provisions which indicate the commitment of the country to the rights of children. In addition, the countries have adopted child-specific pieces of legislation which ensure the protection of children. This chapter provides an audit of the legal instruments which are applicable to the regulation of legal guardianship for children. It presents an audit of the standards which form the national frameworks for the guardianship of children in Côte d’Ivoire, South Africa and Uganda. It looks at the different models employed by the three countries with regard to the appointment of legal guardians, the role which they play, termination of legal guardianship and even the recognition given to legal guardians under those legal systems. It shows that there are some variations in the approaches which each country takes in the guardianship of children.