THE LEGAL ANALYSIS OF THE PRINCIPLE OF THE BEST INTERESTS OF THE CHILD UNDER RWANDAN LAW

Abstract

This dissertation provides a detailed examination of the legal framework protecting the best interests of the child in Rwanda. It begins by discussing the theoretical underpinnings of child protection, including the principles outlined in international instruments like the United Nations Convention on the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child (ACRWC). These principles emphasize the importance of family, cultural sensitivity, and the need for interdisciplinary collaboration in safeguarding children's rights. The analysis of Rwanda's legal framework reveals a strong commitment to aligning domestic laws with international standards. The Constitution of the Republic of Rwanda, along with statutory laws such as Law No. 71/2018 Relating to the Protection of the Child, provides a robust foundation for child protection. These laws prioritize the welfare of children, mandating that all actions concerning children consider their best interests. The research also addresses the practical challenges in implementing these laws, such as limited resources, lack of awareness, and inadequate infrastructure. It explores the impact of traditional beliefs and cultural practices on child protection efforts, highlighting the need for cultural sensitivity and community engagement. Furthermore, it discusses Rwanda's policy initiatives and strategic frameworks, such as the National Policy for Orphans and Other Vulnerable Children (OVC) and the work of the National Child Development Agency (NCDA). These initiatives aim to enhance the protection and welfare of children through targeted interventions and programs. Rwanda's efforts to promote child participation are also emphasized, with initiatives like child parliaments and forums providing children with platforms to express their views and influence policy decisions. The book concludes by underscoring the importance of continuous legislative and policy reforms to address emerging challenges and ensure the effective protection of children's rights in Rwanda.