An Assessment Of The Application Of The Welfare Principle In Orders Made In Respect To Children In Uganda

ABSTRACT

This study is based on analysis of the application of the welfare principle in orders made in

respect to children in Uganda. The study was guided by historical constructs of the welfare of

children, the existing international protection mechanisms for children's welfare and

Uganda's state of protection of children's welfare. The study was qualitative in nature and, it

established the existing knowledge on children's welfare globally and Uganda in general. The

study scores that welfare includes material welfare, both in the sense of an adequacy of

resources to provide a pleasant home and a comfortable standard ofliving and in the sense of

an adequacy of care to ensure that good health and due personal pride are maintained but

even more important are the stability and the security, the loving and understanding care and

guidance. The study further delves into the existing international mechanisms on the welfare

of children. Specifically, the study looked at protection of children under the United Nations,

Europe and in Africa. The study established that the Constitution is the supreme law of the

land giving binding force on all authorities and persons throughout Uganda where article 31

( 4) enjoins a duty upon parents to care for and bring up their children which means that the

parents of a child have the first right to custody of their own children, followed by the

Children Act, Cap 59, Penal Code Act, Cap 120, Family and children court, Police Act Cap

303 and the Uganda Human Rights Commission. Despite the adoption of such frameworks,

Uganda has not established sufficient legal protective measures against violation of the rights

of children in regard to protection of their welfare. The study concludes that the welfare of

children is protected under national, regional and international instruments especially when

making orders such as custody, guardianship, adoption, parentage and those in regards to

probation and social welfare officers. However, all these instruments have not effectively ld

to the full implementation of the welfare principle. The study hence recommends the need to

consolidate all laws relating to children in the Children Act which will take into consideration

all the above provisions as well as those in the Optional Protocol that are not yet adequately

dealt with.