The Ministry of Gender Equality and Child Welfare of Namibia, mandated with ensuring efficient child welfare services and promotion of children’s well-being and rights, recently underwent the process of drafting the Child Care and Protection Bill. The process of legislative review and reform to develop the proposed bill was a remarkable and unique example of democracy and public participation – including children – in law-making.
By utilizing a rights-based approach, the drafting process of the Child Care Protection Bill has taken into account the reality behind enacting and reforming laws. In order for the reform to be effective, it was conducted in a participatory manner, engaging with vulnerable and marginalized stakeholders, and particularly taking into account the views of children and women. Extensive consultations took place with constituency, regional and national stakeholders to take into account the institutional requirements for the effective implementation of the law. Gender considerations were incorporated to reflect the particular vulnerabilities of children and women.
This document provides a summary of the various forms of consultation undertaken during the revision of the Child Care and Protection Bill. It provides a basis for future law reform processes and presents an excellent example of how to include children and the public in the law-making process.
The new Act will substantially improve the child care and protection system in Namibia and will promote the best interests, safety and well-being of the child. The Act will also recognize that services for children should be provided in a manner that respects children’s need for continuity of care and stability, taking into consideration the physical, mental and emotional needs and differences that exist among children. With the impact of the HIV pandemic on communities, families and children alongside the continued poverty and high inequity across Namibian society, the Act will serve to ensure that all children are treated equally under law, and that the integrity of the family unit is supported.
