Every child has a right to a family. This is stated in article 24 of law no. 54/2011 of 14/12/2011 relating to the rights and protection of the child. It says: “Each child has the right to have a family from his/her birth, where he/she lives, grows, develops and which ensures all the protection and affection necessary to his/her full development.” However, some children end up losing their families for different reasons such as war and natural disasters. These children then become vulnerable and they are entitled to protection. The protection is in three major categories including placement in foster family, an adoptive family or a placement in a social welfare institution. According to article 24 of the African Charter on the Rights and Welfare of the child, any action taken towards assistance or protection of a vulnerable child should be in accordance with the best interests of the child. For example, before a child is adopted, it must be established that this child’s parents are either deceased and/or that after thorough search, they cannot be found and neither are any relatives of the child available and able to take care of him or her. However, no matter whether a child is placed in foster care, adoptive family or social welfare institution, they have a right to good care. Article 35 of the law relating to the rights and protection of the child states that “a child who is under placement shall be catered for to ensure his/ her good living conditions and social welfare including a balanced diet, clothes, education, health care and any other rights provided for him/her by the law.” These rights are not just limited to Rwandan children. For instance, refugee children have a right to unconditional protection and assistance. This is according to article 23 of the African Charter on the Rights and Welfare of the Child (ACRWC) which says that refugee children shall have the right to enjoy all the rights that are in the ACRWC. Already, the rights of children described in the ACRWC are quite similar to the ones in Rwanda’s law relating to the rights and protection of the child. What is more is that refugee children are to enjoy these rights regardless of whether the children are accompanied or unaccompanied by their parents, legal guardians or close relatives.
