By Fons Coomans - 29 July 2021
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.
