KNOW YOUR RIGHTS: Your best interests are to be upheld

Article 45 of the constitution of Rwanda states: “all citizens have the right to participate in the government of the country, whether directly or through freely chosen representatives, in accordance with the Law.” You may be wondering how children participate in the government and yet they do not vote and they cannot contest to represent their peers in the legislative assembly. However, there are different avenues through which the issues concerning children are raised and discussed. For instance, at school level, there are students’ councils which are elected by students. According to article 19 of law no. 23/2012 of 15/10/2012 governing the organisation and functioning of nursery, primary and secondary education, the role of students’ councils is to provide views on the living conditions, learning, discipline and behavior of students. Students’ councils also elect representatives in the School General Assembly. The General Assembly is made up of representatives of parents, teachers, the school administration and students and is responsible for the smooth running of schools. One of the most emphasised points of reference when it comes to the representation of children is “best interest of the child.” For example, Article 3 paragraph one of the United Nations Convention on the Rights of the Child states: “In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.” The convention goes on to explain that protection and care is necessary for a child’s well-being. Therefore, the rights and duties of a child’s parents, legal guardians, or other individuals legally responsible for him or her should be taken into account. Article 6 paragraph two of Rwandan law no.52/2011 of 14/12/2011 relating to the rights and protection of the child also reemphasizes the need to uphold the best interests of the child. It adds, “Public or private social welfare institutions, schools, legal guardians or anybody or any other individual responsible for the child shall, in the process of taking any decision concerning the latter, always take into consideration the best interest of the child.” That is why there are many laws with special provisions for the rights of children. Moreover, there are institutions such as National Commission for Children, Ministry of Education, and Ministry of Gender and Family which work to uphold the best interests of children.