DRAFT POLICY FRAMEWORK FOR ORPHANS AND OTHER CHILDREN MADE VULNERABLE BY HIV AND AIDS

SOUTH AFRICA

"Building a Caring Society Together"

July 2005

 

Contents

Preface

Definitions

Acronyms

Background to the Policy Framework:

Orphans and other Children made Vulnerable by HIV and AIDS

Executive Summary

The Policy Framework

Section One Introduction

Rationale

Purpose

Approach

Children’s rights

Impact of HIV and AIDS on Children’s rights

Glossary

Section Two Vision, Mission, Objectives and Principles

Vision

Mission

Objectives

Guiding Principles

Section Three Coordination

Objectives of Coordinating Structure

Outcomes of Coordinated Action

Coordinated Action: National, Provincial, District and Local

Coordination: The Role of State and Civil Society Structures

Section Four Legal and Policy Frameworks

Legislation

Policy

Section Five Strategies

Section Six Monitoring and Evaluation

Monitoring Commitments

Monitoring and Evaluation Strategy

Institutional Arrangements

Section Seven Resources

Financial Resources

Human Resources

Conclusion

 

Annexure 1 South Africa’s Children: Indicators

Annexure 2 The Impact of HIV/AIDS on Orphans and Vulnerable Children

Annexure 3 Children’s Rights Violated by HIV/AIDS

Annexure 4 UNCRC: Rights Threatened by HIV/AIDS

 

Bibliography/Documents consulted

 

 

Foreword

 

 

 

 

Definitions

Best Interests of the Child A flexible standard that takes into account the relevant factors for the individual child as well as all the other rights of the child.

Child Any person under the age of 18 years.

Child Care Forum A forum consisting of locally based organised group that is committed to caring for children within their community.

Child Headed Household Is recognised when the parent or primary caregiver of the household is terminally ill or has died, no adult family member is available to provide care and support and where a child has assumed the role of primary caregiver in respect of a child or children in the household in terms of providing food, clothing, and psycho-social support.

Community Based Care Enables the individual, family and community to have access to

services, which are nearest to home, encourage participation by people, respond to the needs of people, encourage traditional community life, and strengthen mutual aid opportunities and social responsibilities - psychosocial in focus.

Home Based Care The provision of comprehensive services by formal and informal caregivers in the home in order to promote, restore and maintain a person’s maximum level of comfort, function and health, including care towards a dignified death.

Orphan A child who has no surviving parent caring for him or her.

Primary Caregiver A person who has the parental responsibility or right to care for the child and who exercises that responsibility and right.

Vulnerable Child A child whose survival, care, protection or development may be compromised due to a particular condition, situation or circumstance and which prevents the fulfilment of his or her rights.

 

 

 

Acronyms

AIDS Acquired immune deficiency syndrome

CBO Community-Based Organisation

FBO Faith Based Organisation

HCBCS Home and Community Based Care and Support

HIV Human Immunodeficiency Virus

IDP Integrated Development Plan

NACCA National Action Committee for Children Affected by HIV and AIDS

NPO Not for Profit Organisation

NIP National Integrated Plan for Children Infected and Affected by HIV and AIDS

OVC Orphans and other children made vulnerable by HIV and AIDS

PLHA Person Living with HIV and/or AIDS

SANAC South African National AIDS Council

UNCRC United Nations Convention on the Rights of the Child

UNGASS United Nations General Assembly Special Session

 

 

 

Executive Summary

 

 

 

 

 

 

 

 

 

The Policy Framework

Section One Introduction

1.1 Rationale

The Policy Framework for Orphans and other Children Affected by HIV and AIDS honours commitment to children in relation to two processes.

The National Conference, "A Call for Coordinated Action for Children Affected by HIV and AIDS" held in 2002, mandated the Department of Social Development to establish the National Action Committee for Children Affected by AIDS (NACCA) as a permanent coordinating structure of government departments, civil society, business and development agencies, lead by the Department of Social Development. The conference also mandated NACCA to:

Facilitate and coordinate mechanisms at national, provincial, district and community levels, to alleviate the impact of HIV and AIDS on the lives of children.

South Africa is a signatory to the Declaration of Commitment of The United Nations General Assembly Special Session on Children held in 2002 (UNGASS). One of the articles of the Declaration is:

By 2003 develop, and by 2005 implement, national policies and strategies to:

Build and strengthen governmental, family and community capacities to provide supportive environments for orphans and girls and boys infected and affected by HIV/AIDS, including by providing appropriate counselling and psycho-social support; ensuring their enrolment in school and access to shelter, good nutrition, health and social services on an equal basis with other children; to protect orphans and vulnerable children from all forms of abuse, violence, exploitation, discrimination, trafficking and loss of inheritance. (Article 65)

1.2 Purpose

The purpose of the Policy Framework is:

    1. Approach

South Africa has a comprehensive and dynamic legislative and policy environment and one that has in recent years been adjusted to provide for the impacts of HIV and AIDS. The approach adopted in compiling the Policy Framework was to take into account:

    1. Children’s Rights

Section 28 of the South African constitution provides for the rights of children in South Africa. The South African Government is also a signatory to the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child,

Children’s Rights are underpinned by four major principles:

1.5 The Impact of the HIV and AIDS Epidemic on Children’s Rights

The HIV and AIDS epidemic is a major catastrophe which threatens South Africa’s ability to meet its commitments to the realization of children’s rights. The epidemic exacerbates the difficult circumstances of many children in South Africa that result from poverty, lack of access to resources and services, minimal infrastructure, fragmented families, and violence and abuse against women and children. This is eroding precious and hard won development gains made since 1994.

The epidemic is causing a rapid increase in the number of orphans. It is estimated that by 2010 South Africa will have two million orphans. AIDS is reducing the pool of traditional caregivers and the numbers of breadwinners resulting in increased poverty and reduced care giving for children. There are already a considerable number of children who care for terminally ill parents or caregivers and this impact negatively on the psychosocial well being of children due to the difficult living circumstances and awareness of their impending loss. These circumstances compel many children to withdraw from school as they take on adult responsibilities at a very young age and this exacerbates their vulnerability as they lack protection and are at risk of abuse.

Children are also vulnerable to HIV infection through peri-natal exposure, sexual abuse, or unprotected sex and may also be exposed to HIV infection through nursing HIV positive and terminally ill parents or caregivers if they are not properly informed to exercise precautions or do not have the necessary equipments to avoid contact with body fluids.

The impact of HIV and AIDS on children occur as children in the domains of material problems that affect poverty, food security, education and health, and non-material problems related to welfare, protection and emotional health.

Some of the rights of children, which are violated, are:

1.6 Glossary

1.6.1 Child

A child is any person under the age of 18 years.

Legal exceptions to the age of majority in South Africa include those related to the age at which a child may be married, make a will or consent to treatment, attain legal capacity to inherit, or conduct particular transactions such as enter into contracts or open a bank account. The age of majority, if attained prior to age 18, should not limit or constrain the other rights of the child as defined.

The "best interests of the child" qualifies this definition, as children are not a homogenous group, defined simply by a broad age range. It is important that, other factors are taken into account, when responding to their needs and striving to realise their rights. These factors include the specific age of the child, developmental stage, level of maturity reached, individual abilities and personality and current circumstances (such as a traumatic event or history).

The transition from childhood (under 18 years old) to young adulthood especially in child-headed households needs to be carefully addressed, as they will need continued support.

1.6.2. Orphan

A child who has no surviving parent caring for him or her.

The definition takes into consideration childcare and child rearing practices prevalent in South Africa, where significant numbers of children are brought up in households headed by single and mainly female parents. It is important to note that the definition makes no reference to the causes of orphanhood.

1.6.3. Vulnerable Child

A child whose survival, care, protection or development may be compromised, due to a particular condition, situation or circumstance and which prevents the fulfilment of his or her rights.

The groups of children whose circumstances render them vulnerable as a result of HIV and AIDS include children:

1.6.4. Child-headed Household

Child-headed households are recognised as a family type when:

1.6.5. Primary Caregiver

A person who has formal or informal parental responsibility or right in caring for the child and who exercises that responsibility and right

 

Section Two Vision, Mission, Objectives and Principles

2.1 Vision

Orphans and other children made vulnerable by HIV and AIDS grow and develop to their full potential.

2.2 Mission

Create and promote an enabling environment in which orphans and other children made vulnerable by HIV and AIDS are adequately protected, cared for, and supported holistically to grow and develop to full potential within their communities.

2.3 Policy Framework Objectives

2.4 Guiding Principles

 

 

Section Three Coordination

3. Introduction

The realisation of the rights of OVC and the advancement of the social development agenda to restore the dignity of people requires collective and coordinated effort. The requirements of OVC are wide-ranging and no single ministry, department or sector can be solely responsible for addressing the consequences of the HIV and AIDS epidemic. The Department of Social Development was mandated at the Conference of 2002 to take the leading role in overseeing the establishment of coordinating mechanisms at all levels.

Coordination of the effort and expertise of many government departments and development agencies and civil society is needed to reach OVC and to ensure the optimal use of resources. A dedicated coordinating structure for orphans and other children made vulnerable by HIV and AIDS on all levels is central to the Policy Framework. Coordination will ensure that resources available are used optimally to realise the rights of orphans and other children made vulnerable by HIV and AIDS and avoid duplication of efforts.

 

3.1 Objectives of the Coordinating Structure

The objectives of the coordinating structure are:

programmes for orphans and children made vulnerable by HIV and AIDS.

    1. Outcomes of Coordinated Action

Outcomes of co-ordination at the structural level include:

 

    1. Levels of coordination

To increase the impact and effectiveness of coordination, the coordinating structure at national level need to have "branches" at provincial and district levels where NGOs, CBOs, FBOs and the private sector can participate and coordinate strategies for orphans and vulnerable children. The roles of the different levels of coordination in realising the objectives are outlined on the matrix:

Coordinated Action: National, Provincial, District & Municipal

Objective

National

Provincial

District

Local

1. To promote coordination between all stakeholders -- government, non governmental, civil society, private sector and labour – and to effect action to realise the rights of orphans and other children made vulnerable by HIV and AIDS

  • Ensure coordination at National level.
  • Support and strengthen the establishment of coordinating structures at provincial level
  • Create linkages with other coordinating structures for children and HIV and AIDS at national level e.g. National Plan of Action (NPA), Community-based care and support structures, South African National AIDS Council (SANAC)

 

  • Ensure coordination at provincial level
  • Support and strengthen the establishment of coordinating structures at district level,
  • Provide regular feedback to NACCA.
  • Create linkages with other coordinating structures for children and HIV and AIDS e.g. Provincial Plan of Action (NPA), Community-based care and support structures, Provincial AIDS Council

 

  • Ensure coordination at district level
  • Support and strengthen the establishment of coordinating structures at local levels
  • Provide regular feedback to the provincial coordinating mechanism
  • Create linkages with other coordinating structures for children and HIV and AIDS e.g. District Plan of Action (DPA), Community-based care and support structures, District AIDS Council (DAC)

  • Coordinate community activities to meet the needs of OVC.
  • Promote coordination at community (or ward) level between all stakeholders that are working with and for OVC to develop a network of care for OVC
  • Provide regular feedback to the district coordination mechanism
  • Create linkages with other coordinating structures for children and HIV and AIDS e.g. Local Plan of Action (LPA), Community-based care and support structures, Local AIDS Council (LAC)

Objective

National

Provincial

District

Local

2. To share information with regard to issues and programmes for orphans and affected children

 

 

 

 

 

  • Enhance and develop communication channels and mechanisms to disseminate information within and between all levels of coordination.
  • Promote the development of communication materials

 

  • Share information about new/ongoing developments.
  • Promote dissemination and flow of information to all levels

.

 

  • Share information about new/ongoing developments between stakeholders and with provincial coordinating mechanism
  • Disseminate communication materials to all local coordinating mechanisms

 

  • Raise issues highlighted by Wards with the District and disseminate information regarding programmes and issues to Ward level.

Objective

National

Provincial

District

Local

3. To promote active collaboration between stakeholders to improve services and

programmes for orphans and children made vulnerable by HIV and AIDS.

 

  • Develop and implement a national action plan for OVC.
  • Develop and implement an operational plan for national co-ordinating structure
  • Develop and coordinate mechanisms to provide support, guidance and technical assistance to programmes including production of training materials.
  • Develop standards to optimise service delivery
  • Monitor and evaluate all programmes regularly to derive lessons learned.
  • Promote change to improve impact and scaling up programmes.
  • Develop and disseminate guidelines of good practices.

 

  • Develop and implement an operational plan for provincial coordinating structure.
  • Develop and implement a provincial action plan for OVC that complements the national plan.
  • Ensure programmes are in place to build the capacity of all stakeholders to improve service delivery and to realise the rights of children.
  • Develop and coordinate mechanisms to provide support, guidance and technical assistance to programmes.
  • Monitor and evaluate all programmes regularly to derive lessons learned.
  • Promote change to improve impact and scaling up programmes.
  • Ensure standardisation of procedures to optimise service delivery.

 

  • Develop and implement an operational plan for district coordinating structure.
  • Develop and implement a district action plan for OVC that complements the provincial plan
  • Monitor and evaluate all programmes regularly to derive lessons learned,
  • Promote change to improve impact and scaling up programmes to farms and informal settlements
  • Build the capacity of all stakeholders to improve service delivery and to realise the rights of children

 

 

  • Develop and implement an operational plan for the local coordinating structure
  • Develop and implement a local action plan for OVC that complements the district/provincial plan
  • Establish, train and support Child Care Forums at community level to ensure that all OVC are identified and receive appropriate services.
  • Ensure that effective referral systems are in place.
  • Ensure that services are accessible
  • Identify training needs of stakeholders.
  • Monitor and evaluate all programmes regularly to derive lessons learned.
  • Promote change to improve impact and scaling up programmes to farms and informal settlements.

 

 

Objective

National

Provincial

District

Local

4. To ensure that ethical research is conducted into relevant issues, and that the findings of research inform action to improve the circumstances of orphans and other children made vulnerable by HIV and AIDS.

 

 

  • Promote relevant national research.
  • Coordinate research activities to avoid duplication
  • Collect a database of all research into the situation of children affected by HIV/AIDS that is available for practitioners

 

  • Promote relevant research.
  • Coordinate research in the province to avoid duplication
  • Ensure that Districts have access to the national database of research
  • Ensure that the results of any research conducted within the province are shared with the communities in which research was conducted and that the results inform the district and provincial action plans for OVC

 

  • Ensure that the findings of any research that is conducted in the district are fed back to the communities in which the research was conducted and that the recommendations from the research are used to improve programmes for children within the district.
  • Ensure that the database of all research into the situation of children affected by HIV/AIDS that is available for practitioners within the district.

  • Ensure that the findings of all research conducted in the local area are communicated to the community and that the recommendations from research are incorporated into programmes to benefit OVC
  • Ensure that the database of research into the situation of OVC available for practitioners in the local level

Objective

National

Provincial

District

Local

5. To advocate, together with relevant stakeholders, to ensure that action to secure the rights of orphans and other children made vulnerable by HIV and AIDS remains a priority.

 

 

 

 

  • Create a platform for national level advocacy.
  • Lobby for all state departments to have a budget for children with a link between policy and budget
  • Raise issues with relevant authorities on the national level for action.

 

  • Create a platform for advocacy within the province
  • Lobby that the all provincial departments have a budget for children with a link between policy and budget
  • Raise issues with relevant authorities within the province for action.

 

  • Create a platform for advocacy within the district.
  • Lobby that the all departments have a budget for OVC.
  • Ensure that the district IDP includes addressing issues of OVC.

 

  • Create a platform for advocacy in the municipality
  • Lobby that all departments have a budget for OVC.
  • Ensure that the issues of OVC are addressed in the municipal IDP.
  • Raise issues with relevant stakeholders for action.

 

 

 

Objective

National

Provincial

District

Local

6. To mobilize and disburse resources for the implementation of the Policy Framework for Orphans and other children made vulnerable by HIV and AIDS.

 

  • Mobilise resources from all stakeholders.
  • Ensure equitable distribution of resources to all provinces with particular attention to under-serviced areas.

  • Mobilize resources within the province.
  • Ensure equitable distribution of resources within the province for the implementation of the Policy Framework for Orphans and other children made vulnerable by HIV and AIDS

 

  • Mobilise resources within the district.
  • Ensure that resources are distributed equitably within the district
  • Monitor the use of resources to ensure that these are utilized efficiently.

 

  • Mobilise resources within the municipality.

 

3.3 Co-ordination: The Role of State and Civil Society Structures

3.4 State Departments

3.4.1 The Presidency: Office of the Rights of the Child

3.4.2 Department of Social Development

 

 

 

 

 

3.4.3 Department of Education

3.4.4 Department of Justice

 

3.4.5 Department of Health

 

      1. Department of Home Affairs

3.4.7 Department of Agriculture

3.4.8 Department of Housing

3.4.9 Department of Provincial and Local Government

 

3.4.10 Department of Public Works

3.4.11 Department of Correctional Services

3.4.12 Department of Trade and Industry

3.4.13 Department of Labour

 

      1. South African Police Services

      1. Department of Sport and Recreation

      1. Department of Transport

      1. Department of Water Affairs

      1. Department of Foreign Affairs

3.4.19 The House of Traditional Leaders

 

 

 

 

 

3.5 Civil Society Stakeholders

3.5.1 National and Provincial Non Profit Organisations

      1. Direct Service Delivery NPOs, FBOs and CBOs

      1. Universities and Research Institutions

 

 

3.5.4 Donor Organisations

3.5.5 Media

3.5.6 Business Sector

 

 

Section Four Legal and Policy framework

  1. Introduction

The Policy Framework for Orphans and other Children made Vulnerable by HIV and AIDS is set within the following legal and policy frameworks.

4.1 Legislation

4.1.1 The Constitution of the Republic of South Africa, 108 of 1996

The South African Constitution, Act 108 of 1996 is the basis of human rights in South Africa. All rights contained in the South African Bill of Rights apply equally to adults and children. Section 28 of the Constitution deals specifically with rights that children have in addition to all other rights contained in the Bill of Rights. These include:

4.1.2 The Non-Profit Organisations Act No.71 of 1997

The Non Profit Organisations (NPO) Act provides for the voluntary registration of NPOs, and the NPO Directorate within the Department of Social Development is responsible for the registration of NPOs.

The primary purpose of the Act is to encourage and support organisations in their contribution to meeting the diverse needs of the population of South Africa by:

· Creating an environment in which non-profit organisations can flourish.

· Establishing an administrative and regulatory framework within which non-profit organisations can conduct their affairs.

· Encouraging non-profit organisations to maintain adequate standards of governance, transparency and accountability and to improve those standards.

· Creating an environment within which the public may have access to information concerning registered non-profit organisations.

· Promoting a spirit of co-operation and shared responsibility within and amongst all stakeholders.

4.1.3 The Social Assistance Act No. 59 of 1992

The Social Assistance Act provides for the rendering of social assistance to persons.   The Act was amended in 1994 to further regulate the making of grants and financial awards to certain persons and bodies.  In 1997 the Welfare Laws Amendment Act, 1997 amended the Social Assistance Act, 1992 in order to provide for uniformity of, equality of access to, and effective regulation, of social assistance throughout the Republic, to introduce the child-support grant, to do away with capitation grants, to abolish maintenance grants subject to the phasing out of existing maintenance grants over a period not exceeding three years, to provide for the delegation of certain powers, and to extend the application of the provisions of the Act to all areas in the Republic.

An amendment to the Social Assistance Amendment Act No 12 of 2004 was passed in June 2004 and makes provision for easier access to government services in respect of social assistance through the establishment of a national agency.

4.1.4 Guardianship Act No 192 of 1993

This deals with common law system that places a child without a guardian under the guardianship of the High Court. The Act is applicable to a child up to the age of 21 years.

4.1.5 The Child Care Act No 74 of 1983

The Child Care Act No 74 of 1983, together with the Child Care Amendment Act No 96 of 1996, is legislation for the protection of children. The Act allows for Children’s Courts; the appointment of Commissioners of Child Welfare; procedures and processes for investigating abuse and neglect; and also, where appropriate, for a child to be determined "in need of care". Social work assessments and reports are a condition of the Act and the Court has the jurisdiction to order that a child is placed in the alternative care form of foster care, adoption or residential care. Foster care is the recommended response for the care of orphans where their circumstances determine this to be appropriate.

In the current system, foster care is viewed as a temporary placement for a child and requires comprehensive social work investigation, monitoring, and a report on the circumstances of the child every two years. Foster parents and Boards of Management of institutions are delegated partial parental responsibility for the daily care, school attendance and health and welfare of the child.

Adoption is the permanent placement of a child in the care of a person who is not the parent or guardian. An adoptive parent takes full parental responsibility, and is legally responsible, for the child and everything that the child might want or need just as if the child was born to them.

The Child Care Act provides that a child - abandoned, orphaned and/or without any physical means of support – may be determined "in need of care". The Children’s Bill of 2003 takes into account the family, legal and customary requirements of children affected by HIV and AIDS and makes provision for the placement of children in kinship care.

4.1.6 The South African Schools Act No. 84 of 1996

The Act makes school attendance compulsory for learners between the ages of 7 and 15 years and provides for learners to be exempted from the payment of school fees under certain conditions.

      1. The National Health Act No. 61 of 2003
      2. The National Health Act recognises children as a group who require special attention and provides for free primary health care for children under the age of 6 years who are not members or beneficiaries of medical aid schemes.

      3. Medical Schemes Act No. 131 of 1998

Protects children and/or their caregivers against unfair discrimination based on their HIV status.

4.1.9 The Births, Marriages and Deaths Registration Act No 51 of 1992

This Act provides for the registration of birth, death, marriage and the procedures and requirements to obtain the certificates, which includes identity document.

 

4.1.10 The Domestic Violence Act No of 1998

The Act allows for:

4.1.11 The Sexual Offences Act No of 1957

This Act covers specific forms of child sexual abuse including the prohibiting of child prostitution. The Act also provides that children giving evidence in criminal cases must be declared vulnerable witnesses and afforded additional protection measures, including the use of the Intermediary System. Amendments to this Act were tabled in 2002 as the Sexual Offences Amendment Bill and are awaiting promulgation. A separate Bill known as the Compulsory Testing of Alleged Sexual Offenders Bill also awaits promulgation.

4.1.12 The Child Justice Bill

This Bill is based on the principles of restorative justice and aimed at children in conflict with the law. The Bill emphasises the individual assessment of each child; aims to keep children within their families and to protect children from the damaging effects of courts and prisons. The Bill will likely be passed during 2005.

4.1.13 The Housing Act No. 107 of 1997

This Act prioritises meeting special housing needs, as well as provisions of subsidies for low cost housing schemes.

      1. Promotion of Equality and Prevention of Unfair Discrimination Act 2000.

4.1.15 Employment Equity Act of No 55 of 1998

Prohibits discrimination based on HIV status. Applicable to children between the ages of 15 and 18 years, as well as employed caregivers and household heads.

4.1.16 Wills Act No. 7 of 1953

This Act regulates the execution of wills. The Act provides for the formalities required in the execution of a will; the interpretation of wills; the validity of certain wills executed in accordance with the internal law of certain other states; and the competency of persons involved in the execution of wills.

4.1.17 Intestate Succession Act No 81 of 1987

The Act addresses inheritance where a person dies in the absence of a valid will.

4.1.18 Customary Law of Succession Recognition of Customary Marriages Act No 120 of 1998

The Act extends full legal recognition to marriages entered into in accordance with customary law or traditional rites and improves the position of women and children within these marriages by introducing measures.

The Act lays the foundation for a uniform code of marriage law that will be applicable to all South Africans. The principles laid down in the Act, eg consent and minimum ages for spouses, community of profit property and judicial regulation of divorce in a system of family courts are intended to provide a uniform national framework receptive to all marriages.

It also removes elements of discrimination against the customary legal tradition and thereby gives expression to 2 constitutional principles, namely: the right to systems of family law based on any tradition or religion and the right to cultural pluralism.

In the final instance the Act strives to reconcile the preservation of culture and traditions with the competing claims posed by the constitutional requirement to establish norms of equal treatment and non-discrimination.

4.2 Policy

4.2.1 White Paper for Social Welfare, 1997

The White Paper sets out the principles, guidelines, proposed policies and programmes for developmental social welfare for the era post 1994.

      1. The National HIV/AIDS/STD Strategic Plan for South Africa 2000/2005

The National HIV/AIDS/STD Strategic Plan was initiated by the Minister of Health and developed jointly with the Social Development and Education to guide South Africa’s response to the HIV and AIDS epidemic. The plan is based primarily on the understanding that no single ministry, department or sector can be solely responsible for addressing the epidemic. The Plan envisages that each department and sector would develop strategic plans and that the different efforts should be harmonised.

The Strategy has four key programme areas:

Within the Strategic Plan the Department of Social Development, as the lead Department for children, was allocated a number of functions:

headed households

      1. The National Integrated Plan for Children and Youth Infected and Affected by HIV/AIDS 2000 (NIP)

The NIP was launched in 2000 to ensure that individuals, households and communities, especially the children affected by HIV/AIDS have access to an appropriate and effective integrated system of prevention, care and support services at community level.

The Plan identifies the focus of each Department – DOH: Prevention, voluntary testing and counseling and home based care; DOE: Life skills and HIV/AIDS education in primary and secondary schools; DSD: Community mobilization and community based care.

In implementing the NIP, programmes would include the development of coordinating structures, income generating activities, specific prevention activities targeting children and youth, community based care, capacity building, access to grants and placements, training of teachers, as well as voluntary counseling and testing. More importantly, models of intervention by implementing agents must take into account the following:

 

4.2.4 National Guidelines for Social Services to Children Infected and Affected by HIV/AIDS

Designed to assist all organisations and persons programming for services to children infected and affected by HIV/AIDS, and to assure that the provision of community based care and support, as the intervention approach adopted by the Department of Social Development, takes into account community needs, cultural practices and protects the rights of children.

The objectives of the Guidelines include:

-Identify family, community and cultural strengths and resources

-Help people through prevention programmes and counselling and support to those traumatised.

-Assist children, families, communities and provinces to identify

the most vulnerable, to help prioritise resources and to preserve

family life.

-Support families, communities and other stakeholders to identify

and implement strategies that promote children’s well-being.

-Identify external support for communities and enable

communities to build support networks.

Elements that make community based care an effective intervention approach include:

4.2.5 National Department of Social Development Strategic Plan 2002/2003 & 2005/2005-2009/10

The Strategic Plan is aimed at building a caring society and a better life for all and especially for children. The Plan:

4.2.6 Five year HIV and AIDS Strategic Plan for Social Development 2003- 2008

The 5-Year Plan HIV and AIDS Strategic Plan was developed in 2003 and contains broad and specific guidelines, short, medium and long-term goals, and recognises that even though the Department of Social Development is the lead department in the delivery of social services to vulnerable groups, and in particular those infected and affected by HIV and AIDS, the Department cannot do it alone. The critical role of stakeholder groups such as international development agencies, other government departments at all levels, the private sector, government agencies and civil society organisations are recognised and acknowledged.

      1. The Transformation of the Child and Youth Care System in South Africa: Interim Policy Recommendations

This draft discussion document recommends a new framework for services to children. The document emphasizes a multi-disciplinary and inter-sectoral approach and deals with children in conflict with the law. The service delivery model promotes that children should be assisted in their family environment. When removed for alternative care, children should be placed within the environment where the family resides or be placed with the extended family.

      1. The Ten Point Plan of the Department of Social Development, 1999

The Ten Point Plan, developed by the Minister of Social Development, indicates that developmental social service programmes should include a range of services to support community-based care and assistance for people living with HIV and AIDS, and that particular attention should be given to orphans and children infected and affected by HIV and AIDS.

4.2.9 Draft National Policy for Families

The policy is premised on the principle that families are the core of society and primarily focuses on rebuilding families, communities and social relations in order to promote social integration. It states that:

4.2.10 Draft Guidelines for Early Childhood Development Services

Early childhood development services form an integral part of programming to maintain the well being of very young children caught up in the orphan epidemic.

The Guidelines:

4.2.11 National Policy on HIV and AIDS for Learners and Educators in Public Schools, and Students and Educators in Further Education and Training Institutions, 1999

The policy emphasises the vulnerability of young people to HIV infection and seeks to minimise the social, economic, and developmental consequences of HIV and AIDS for the education system. It provides guidelines for the management of HIV and AIDS in schools and provides support to learners and educators living with or affected by HIV and AIDS.

4.2.12 Department of Health: National Policy on Testing for HIV, 2000

The policy describes the circumstances under which HIV testing may be conducted, sets out requirements for pre- and post-test counseling procedures and defines ‘informed consent’. The policy also identifies exceptional situations when informed consent can be dispensed with.

The Policy does not make specific provisions for consent by children, but allows for ’proxy consent’ where the consent is given by a person who has a legal right to consent on behalf of another person, namely, a guardian or curator.

In terms of the Child Care Act, a child of 14 years and older may consent on their own to medical treatment, including an STD or HIV test.

4.2.13 Patient’s Rights Charter

The Charter provides clear and key guidance to patient rights, responsibilities and complaints procedures. It is not legally binding, but it draws on rights set out in the Constitution. Specific reference is made to rights of access including special needs provision newborns, children and pregnant women as well as people living with HIV or AIDS and with disabilities.

 

      1. The Integrated Food Security Strategy for South Africa, 2002

The vision of the Integrated Food Security Strategy is to attain universal physical, social and economic access to sufficient, safe and nutritious food by all South African at all times to meet their dietary and food preferences for an active and healthy life. This statement is also a definition of food security by the Food and Agricultural Organisation of the United Nation (FAO).

The strategic objectives are to:

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Section Five Strategies

  1. Introduction

The key strategies identified to assist in developing comprehensive, integrated and quality responses for orphans and other vulnerable children at programmatic level are to:

    1. Strengthen and support the capacity of families to protect and care.
    2. Mobilise and strengthen community-based responses for the care, support and protection of orphans and other children made vulnerable by HIV and AIDS.
    3. Ensure that legislation, policy, strategies and programmes are in place to protect the most vulnerable children.
    4. Assure access for orphans and children made vulnerable by HIV and AIDS to essential services.
    5. Raise awareness and advocacy to create a supportive environment for OVC.
    6. Engage the business community in playing an active role to support the plight of orphans and children made vulnerable by HIV and AIDS

Within these strategies, programming for OVC is guided by:

 

 

 

 

5.1 Strategies

5.1.1 Strengthen and support the capacity of families to protect and care.

The family is the primary source of nurturance and care for children, and it is accepted that where possible, it is in the best interests of orphans and other vulnerable children to remain within their family and known community. When HIV and AIDS begins to impact on households the capacity of families to care and survive should therefore be strengthened.

Programmatic interventions that augment the competencies of families and caregivers include:

5.1.2 Mobilise and strengthen community-based responses for the care, support and protection of orphans and other children made vulnerable by HIV and AIDS

The community has been a safety net for families who were unable to meet the basic needs of their children. However, the impact and scale of the HIV and AIDS epidemic together with poverty, undermines the capacity of communities to provide for the care and support of affected children. Reinforcing the capacity of communities is therefore fundamental to the building of a response that matches the scale of the epidemic and its long-term impact on children.

Programmatic interventions to enhance the capacity of communities include:

Child-care forums, together with relevant community leadership structures, are the key mechanism for community mobilisation. The forums are made up of community people and mobilise community groups to:

5.1.3 Ensure that legislation, policy, strategies and programmes are in place to protect the most vulnerable children.

It is the constitutional obligation of the state to protect and ensure the well being of OVC through programmatic interventions such as:

 

 

5.1.4 Ensure access to essential services for orphans and other children made vulnerable by HIV and AIDS.

The circumstances and environments of many orphans and vulnerable children are a disadvantage to their securing essential services. Government and civil society structures therefore play a major role in extending services to under or under-serviced areas and helping OVC to access their rights. Interventions include:

5.1.5 Raise awareness and advocacy to create a supportive environment for OVC.

HIV and AIDS are associated with fear, ignorance and denial and these

lead to stigmatisation and discrimination. Interventions that help to reduce stigma and discrimination include:

      1. Engage the business community to play an active role in care and support of OVC

The escalating number of orphans due to the HIV and AIDS epidemic is a challenge that requires coordinated effort and expertise, including the skills and resources that exist in the business sector. South Africa requires balanced, healthy and educated human resources to sustain its economy and this can only be achieved by the active involvement of the business community in mitigating the impact of HIV and AIDS on children as this will contribute to human-centred development goals.

Programmatic interventions for the business community include:

 

 

 

 

 

 

 

 

 

 

 

 

 

Section 6 Monitoring and Evaluation

 

6. Introduction

Monitoring and reporting on the process of implementation and progress made with regard to the Policy Framework for Orphans and other Children made Vulnerable by HIV and AIDS takes place according to established procedures and a proposed strategy for monitoring and evaluation. The Monitoring and evaluation strategy will be used to track progress regarding the implementation of the strategies in the Policy Framework and provide an evaluation of what is working or what is not working and assist in planning for better and effective programmes that improve the lives of OVC

6.1 Monitoring Commitments

International

National

6.2. Proposed Monitoring and Evaluation Strategy

 

 

 

Components of the monitoring and evaluation strategy include:

6.3. Institutional Arrangements

    1. At the national level, each government department, organisation and institution will be a full member of NACCA and the Coordinator shall provide a progress report on activities in relation to the implementation of the strategies and future action regarding the Policy Framework twice a year.
    2. At the provincial level, each Provincial Action Committee for Children Affected by HIV/AIDS (PACCA) will similarly furnish the Secretariat of NACCA with a consolidated progress report reflecting provincial activities related to OVC twice a year.
    3. The national secretariat shall synchronise all reports into one national consolidated report twice a year and which will indicate performance, impact and the participation of all sectors.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Section 7 Resources

7 Introduction

The effective implementation of the strategies in the Policy Framework, and subsequent action plans, depends on adequate resources - financial and human - and effective utilisation of the same.

    1. Financial Resources

    1. Human Resources

Sufficient and appropriately skilled human resources are at the heart of programmes for orphans and vulnerable children and are drawn from sources that include - state departments, and social service and faith based organisations, and communities, that is, volunteers. Each category of worker has a significant role to play in providing care and support to children and their families.

7.3. Training of Personnel

    1. Training of Community Volunteers

 

 

ANNEXURE ONE

 

SOUTH AFRICA’S CHILDREN: INDICATORS

 

 

 

ANNEXURE TWO

THE IMPACT OF HIV AND AIDS ON ORPHANS AND VULNERABLE CHILDREN

MATERIAL PROBLEMS

Livelihood

    • Increased poverty
    • Loss of property and inheritance
    • Loss of food security, especially in rural areas
    • Loss of shelter.

Health

    • Lower nutritional status
    • Less attention when sick
    • Less likely to be immunised
    • Increased vulnerability to disease
    • Less access to health services
    • Increased vulnerability to HIV and AIDS
    • Higher child mortality
    • Higher exposure to opportunistic infections.

Education

    • Withdrawal from school to care for others & to save costs
    • Increased skipping of school
    • Lower educational performance
    • Premature termination of education
    • Fewer vocational opportunities
    • Traditional knowledge not passed on.

 

NON-MATERIAL PROBLEMS

Protection, welfare, emotional health

    • Loss of family and identity
    • Decreased adult supervision
    • Decreased affection and encouragement
    • Increased labour demands
    • Harsh treatment, discrimination, stigma and social isolation
    • Forced early marriage
    • Sexual abuse and exploitation
    • Abandonment
    • Grief and depression & reduced well-being

    • Antisocial and difficult behaviours; homelessness, vagrancy, crime; increased street living
    • Increased malnutrition, starvation
    • Forced migration.

ANNEXURE THREE

 

CHILDREN’S RIGHTS VIOLATED BY HIV AND AIDS

The Right to Food:

Food insecurity is a primary impact in most affected households.

The Right to Health:

Children in affected households have lower immunisation rates and poorer nutrition.

Uninfected children of infected mothers have a higher mortality rate than children of uninfected mothers.

Children who care for parents and siblings who are ill with AIDS are at risk of contracting HIV because they

often do not know how to protect themselves.

Children are also at risk of contracting HIV from sexual abuse and exploitation.

The Right to Shelter and Protection of Property & Inheritance:

Children face the threat of eviction from their homes by relatives and authorities when their caregivers die and struggle to access inheritance such as pension benefits, savings and insurance.

The Right to Parental Love, Care, and Nurture:

Children caring for ill parents, and confronted with uncertainty about what will happen to them when the parent dies, experience considerable emotional distress. This continues post the death of their caregiver and because of the multiple losses that these children can experience.

The Right to Appropriate Alternative Care:

Where the extended family does not exist, or simply cannot care for large numbers of orphans, children take to living on their own with no adult support or supervision.

These child headed households can go undetected and do not access entitlements such as social security.

The Right to Education:

Children unable to pay school fees, or buy uniforms and books can be denied access to school.

Children also drop out of school to care for sick parents or to fend for themselves and their siblings.

Some children attend school but because of personal trauma and the lack of material resources find it

difficult to concentrate on their studies.

The Right to Play and Recreation:

Many affected children assume adult responsibilities and do not have the time to play with their peers. High rates of stigma and discrimination create barriers between children.

The Right to Identity:

The numbers of children without birth certificates and identity documents to allow them to access government services and support remains high.

The Right to Protection from Abuse:

Affected children suffer the loss of parental protection and are at risk for abuse and exploitation, physical, emotional and sexual. They are less likely to report abuse due to fear, shame, embarrassment or guilt.

The Right to Protection from Child Labour:

Affected children who fend for themselves and their siblings are often forced into menial work or transactional sex, as they lack skills.

The Right to Participate in Decisions Affecting their Lives:

Decisions such as where they should live and with whom are often made without consulting children.

 

ANNEXURE FOUR

 

 

UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD (UNCRC)

RIGHTS THREATENED BY HIV AND AIDS

 

Article 2 Places emphasis on protection from any form of discrimination.

Article 3 Includes the provision that "the best interests of the child" shall be a primary consideration in matters concerning children.

Article 5 Recognises the responsibility of members of the extended family, community or legal guardians to provide for the child in a manner consistent with his or her evolving capacities.

Article 6 Recognises that every child has the inherent right to life.

Article 8 Concerns the right of the child to preserve his or her identity including name and family relations.

Article 9 Concerns a child’s right not to be separated from parents.

Article 11 Compels government to combat the illicit transfer and non-return of children from abroad.

Article 12 Recognises a child’s right to freedom of expression and to be heard in all proceedings that concern him or her.

Article 15 Speaks to freedom of association.

Article 13)

Article 17) Recognise the right of access to and sharing of appropriate information.

Article 16 Concern a child’s right to be free of arbitrary attacks on honour or reputation – stigma.

Article 18 Recognises the responsibility of the State to support parents and legal guardians in their child-rearing responsibilities and to develop services for the care of children.

Article 19 Concerns the protection of children from abuse, neglect, maltreatment or exploitation.

Article 20 Concerns the responsibility of the State to provide special protection for a child deprived of his or her family environment.

Article 21 Addresses safeguards concerning adoption.

Article 24 Recognises the right of children to the highest standard of health and access to health services.

Article 25 Concerns the periodic review of the situation of a child placed in care.

Article 27 Recognises the right of children to an adequate standard of living.

Article 28/29 Are concerned with the right of every child to quality education.

Article 31 Recognises a child’s right to rest, leisure, play and recreation.

Article 32

Article 33/34 Address the protection of children from illicit drug use, economic or sexual exploitation or abuse.