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Conclusion and recommendation
Chapter 5 argues that in the view of the increasing number of children who are deprived of their parental care and family environment, an effective legal and policy framework should be implemented to protect the right to alternative care, and special protection and assistance. The thesis argues that as part of the effort to protection children who are deprived of their family environment, child-headed households should be legally recognised and supported in accordance with the principles of a rights-based approach.
Conceptual clarification
In this section, terms that bear significance for the study have been explored. In addition to the terms that are directly related to the study, other terms that are used frequently are also explored.
Care
The term, „care‟, is fundamentally important for the purpose of the study. Children who are deprived of their family environment are entitled to „alternative care‟. Understanding the term, „care‟, is useful to determine the standards of „alternative care‟. Care is an important component in children‟s growth and development. To properly understand the terms such as „family care‟, „parental care‟ or „alternative care‟, it is important to understand the concept of „care‟. The concept of care is defined as „the provision of what is necessary for the welfare and protection of someone or something‟. 62 Similarly, in the 1992 International Conference on Nutrition, the concept of care is defined as „provision in the household and the community of time, attention and support to meet the physical, mental and social needs of the growing child and other household members.‟63 Engle and Lhotska adopted a slightly broader definition of care. They defined it as „behaviours and practices of caregivers (mothers, siblings, fathers, and child-care providers) to provide the food, health care, stimulation, and emotional support necessary for children‟s healthy growth and development.‟64 Engle and Lhotska emphasised that not only the type of „behaviours and practices‟ but also „the way they are performed-with affection and responsiveness to children‟ are critical to children‟s growth and development.65 The care practice should meet not only the physical needs of children but also the emotional and psycho-social needs of children. Alternative care The term, „alternative care‟, indicates provisions of care other than parental care. The widely recognised forms of alternative care include foster care, either by relatives or unrelated persons, adoption, Kafalah of Islamic law, or, if necessary, a placement in a suitable institutions. Under article 20 of the CRC and 25 of the ACRWC, children who are deprived of family environment, either temporarily or permanently, or children for whose best interests cannot remain in that environment are entitled to alternative care. As discussed above, „care‟ should meet not only the physical needs but also emotional needs as well. Therefore, alternative care is understood to meet both physical and emotional needs of children.
Child
Most literature as well as the CRC and the ACRWC define children as boys and girls under the age of 18. 66 However, a study conducted by the Human Science Research Council (HSRC) suggests that the participants indicated that the protection provided to a child should be extended to the age of 21, if a youth is still in education.67 It is an important point in relation to child-headed households. The support measures to assist child-headed household should not end abruptly when a youth heading the household turns 18 years old. The point is further discussed in chapter 5. The participants of the study also felt that the definition should depend „on the period of dependence of the child on the parents or caretakers of the household.‟68 Although it is a valid point, the period of dependence varies in different societies and families. Furthermore, the concept of „dependency‟ is subjective as it could mean material as well as emotional dependency. It is hard to determine a universally appropriate period of dependency.
Moreover, the term, „children‟, which includes all individuals under the age of 18, seems to suggest that „children‟ is a homogeneous group. It fails to recognise that a 10 year old child and 17 year old child have different needs. A 17 year old child might have more common with 22 year old youth than with a 10 year old child. The term, „youth‟ which includes adolescents is used where appropriate. Nevertheless, for the purpose of the study, the definition provided under the CRC and the ACRWC will be used.
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Legally recognising child-headed households through a rights-based approach: The case of South Africa
