Gumato, a 13 year-old girl from the Gabra nomadic tribe in Kenia, cannot go to school, because the schools are closed due to the Covid-19 pandemic. She is at home since March 2020.[1] The parents of Gumato decided to have their daughter circumcised while at home. Gumato’s mother said that she was happy with the long period of school closure, because there is now more time for Gumato’s recovery; the period of the school holidays is too short for that. Even though circumcision is prohibited by law in Kenia, it is still a wide-spread tradition among tribes in Kenia. Once a girl has been circumcised it means that she is ready for marriage, even at a very young age. Schools used to be an important safety net for girls against child marriages, as well as against domestic violence, sexual abuse and domestic work. As a consequence of Covid-19 measures all these safeguards seem to have disappeared. Girls are now in a very vulnerable position; several of their human rights are seriously at risk.
The impact of the pandemic on the development of children worldwide
UNESCO has reported that worldwide two-thirds of a school year were lost on average due to Covid-19 school closures. The International Labour Organisation has said that child labour during the pandemic has increased. Since parents have lost their jobs, which had negative effects on family income, many children had to step in and work to support their families. In addition, children who are at home instead of going to school can easily be used for domestic chores or to work on the land (see this report). The World Health Organisation has reported that last year 23 million very young children have missed early childhood vaccinations against polio, measles and diphtheria due to badly working distribution systems for vaccines as a consequence of restrictions on transport, affecting in particular remote areas and slums.
These examples show that the pandemic has a serious impact on the immediate and long-term development of children.
What are children’s development rights?
The United Nations Declaration on the Right to Development (1986) defines development as ‘a comprehensive, economic, social, cultural and political process, which aims at the constant well-being of the entire population and of all individuals on the basis of their active, free and meaningful participation in development and in the fair distribution of benefits therefrom’. Article 6 of the Convention on the Rights of the Child guarantees the right of the child to life, survival and development.
In my view, the notion of children development rights is an umbrella term. It involves different children’s rights that are interconnected and together protect the child’s development. It includes the right to health, education, adequate standard of living, safe and clean environment, participation, the right to play and leisure. But also the basic prerequisites to be protected from economic exploitation (child labour), and from sexual exploitation and sexual abuse. All these rights are part of the Convention on the Rights of the Child. For example, a child may receive education by being allowed to go to school. However, if the child is sexually abused by the teacher, his/her rights to health and protection from sexual abuse are violated. If as a consequence the child is taken out of school, his/her right to develop intellectually, socially and emotionally will be affected.
In addition, the notion of development rights of children has to be informed by the principle of non-discrimination and equality of opportunities. For example, pregnant girls must not be denied access to school because they are pregnant, but be able to continue and finish their studies just like other girls.
All these rights have a solid basis in international human rights law, which includes children’s rights. States have voluntarily accepted treaties which contain legally binding obligations to realize these rights. The underlying idea is that human rights are tools to protect human dignity. In addition, human rights are universal; they apply always, to everyone and everywhere. The example of Gumato demonstrates that there is a gap between the idea of having (children’s) human rights in theory and enjoying these rights in practice. Often cultural traditions, beliefs and norms act as obstacles against the possibility to exercise these rights in reality. Female circumcision is such a practice that is based on cultural norms and traditions. In this regard the key role of education must be emphasized. The right to education acts as a key right: through the process of acquiring knowledge and learning skills at school the enjoyment of other rights (sexual and reproductive health rights, participation, expression) will become possible. In addition, education empowers girls to develop themselves and move up the social ladder. Seen from this perspective, the school closures during the pandemic are very serious. The closures may be used by parents and communities to hold back girls and keep them at home.
An empty classroom in Kenya that is now used as a chicken run, due to the school closures
SOURCE: BBC. (2020, 25 August). Desks have been pushed to one side at Mwea Brethren to make way for farm supplies. [Photograph]. BBC News.
Limiting the consequences of the pandemic for children’s development rights: an outlook on the future
What can be done to make sure that the negative consequences of the pandemic will not affect the development rights of children? In the short term, the most important thing is to reopen schools. Schools should restart as soon as possible, and make extra efforts to make up the educational arrears. Protective equipment, such as face masks, test equipment and clean water and soap facilities needs to be provided to pupils and teachers. In addition, a system for monitoring regular attendance of children at school needs to be set up through visits to families by teachers or community leaders, aimed at preventing that children would drop-out, because families need them to work for additional income for the household during Covid times. Governments must invest in hiring qualified teachers who are able to cater for the specific educational needs of pupils. If financial resources are insufficient, the international community must step in to prevent that a whole generation of pupils will be lost.
From a human rights perspective, there is a need to change traditional ideas about education, child marriage, circumcision and child labour to make sure that during future public health or economic crises, children do not carry a disproportionate burden. Instead, it must be recognized that children have human rights that cannot be taken away easily. In general, awareness raising and education of both girls, boys, parents and village leaders may help in changing traditional ideas about the role of girls in society and their future. Personally, I am impressed by the potential of bringing young people into action as agents of change: the example of the Girls Advocacy Alliance is inspiring. This programme, in which Terre des Hommes Netherlands is involved, trains girls aged 15-21, to question dominant social norms with parents, religious leaders and government officials aimed at gradually breaking through vicious traditional circles. By involving girls themselves who stand up and speak out, there is a good chance that the message will be heard, sink in and lead to real changes. Of course, this is not enough. There is a need to bring pressure upon local and national government to take their human rights obligations seriously. This also requires political will and determination to accept and fulfil development rights of children, even if pandemic restrictions make this not an easy task.
[1] The story of Gumato is taken from the Dutch magazine Wordt Vervolgd (Nov/Dec 2020), published by Amnesty International NL.
