ANPPCAN Consultancy to Review of Policies, Laws and International Instruments affecting Deaf Children in Kenya

Review of Policies, Laws and International Instruments affecting Deaf Children in Kenya

1. Background

The programme seeks to deepen understanding of the extent of provisions of both national and international child protection instruments on the rights of deaf children in Kenya. 

It entails a critical analysis of the extent to which national policies, laws and international instruments provide safeguards and enhance the rights of deaf children in Kenya and identify gaps for action.

African Network for the Prevention and Protection against Child Abuse and Neglect (ANPPCAN) Regional Office is currently implementing a programme on the Rights for Deaf Children and their families in Kenya. 

The programme began in February 2011 in Butere-Mumias, Embu, Kajiado and Kitui counties. In January 2012, the programme was expanded to Nandi, Kwale and Nyandarua counties.

The aim of the programme is to empower families of deaf children to have the skills and capacity to advocate for the fulfilment of their deaf children’s rights, in particular the rights to family life, education and protection. 

This is done through building the capacity of parents and the wider family to communicate with and support their deaf child, to understand their responsibilities and to engage in local decision making processes affecting their deaf child.

2. Context

ANPPCAN’s mission is to enhance, in partnership with others, the prevention and protection of children from all forms of maltreatment, thus ensuring that the rights of children are realized.

ANPPCAN recognizes that disability is an evolving concept and that disability results from the interaction between persons with impairments and attitudinal and environmental barriers that hinders their full and effective participation in society on an equal basis with others. Therefore, it is ANPPCAN’s core business to advocate for and protect the rights of disabled children as part of her mission.

In the seven counties, issues affecting deaf children and their families include stigma, quality of services provided to deaf children, lack of information and ignorance by families of deaf children on where they can access services and support for their deaf children, child abuse and neglect and violation of deaf children’s rights. 

ANPPCAN works with the Ministry of Education: the Directorate of Quality Assurance and Standards Special Needs Education at the national level and the Education, Assessment and Resource Centres in the seven counties at the local level. It also works with the Department of Children’s Services and relevant NGOs.

In respect to the above, it is worth to note that there are policies and laws that make it a criminal offense to discriminate against a deaf child. 

The 2010 Kenya Constitution outlaws discrimination against any person on the basis of disability, among many others. Article 54 demands that a person with any disability shall be treated with dignity and respect, to access educational institutions and facilities.  This is in addition to other laws that have a bearing on deaf children and their families, such as the Children Act, 2001, Education Act and Disability Act. Some of the existing laws may not be in harmony with the new constitution and many times they are not known. There is need to identify gaps and challenges and also advocate for their improvement and implementation.

In addition, Kenya introduced a policy on Free Primary Education in 2003.  

Crucial to the attainment of universal primary education, the policy abolished all levies that previously prevented children, especially those from poor economic backgrounds, from accessing education. This has been extended cover to special education and schools for children with disabilities, through the provision of additional funding to meet the needs of children with disabilities in schools. 

Ministry of education has published a Basic Education Act no. 14 of 2013 which was prepared by all the education stakeholders and the Government of Kenya. 

The Act advocates for access, equity and relevant quality education. The Act comprising Education Bill 2012 and Kenya Institute of Education Curriculum Development (KIECD) Bill 2012, makes education from pre-school to Form Four – which together constitute basic education – compulsory. The policies need to be reviewed to establish whether they are in line with the laws and identify the gaps and challenges.

3. Purpose of the Assignment

To review the existing international child protection instruments, national laws and policies that touch on disability, education and children and establish how effectively they provide for deaf children.

4. Scope of Work

In order to assess the extent to which national policies and legislations and international child protection instruments provide for the rights of deaf children in Kenya, a consultant is being sought to undertake the following:

a) Review and analyse relevant laws and policies and international instruments that provide for children. Such laws include but not limited to the Disability Act, Education Act and the Children Act.

b) Identify challenges and gaps as far as providing for deaf children is concerned
d) Validate the draft report in a workshop
e) Incorporate comments as necessary and produce a final report with concrete recommendations.

5. Methodology

The consultant will carry out an in-depth review of all the relevant national policies, legislations and international child protection instruments in general and specifically on how they provide for deaf children Kenya. 

He/she will identify opportunities or provisions for deaf children and/or challenges and gaps that have contributed to relegation of the rights of deaf children in Kenya. This process is to help the programme to in advocating the government and stakeholders on the challenges and gaps and work towards putting in place measures to accord deaf children their fullest rights.

6. Key qualification, experience and skills

Masters degree in Social SciencesBroad knowledge and understanding of key legal, policy documents and international instruments for child protectionMinimum of 3 years experience in policy and legal reviewSound understanding and application of policy concepts, methodologies and toolsGood analytical and report writing skillsFluent in spoken and written EnglishGood communication and facilitation skills7. Timing and Duration

The assignment is estimated to commence later in June 2013 and to be completed within a period of 10 working days.

8. Submission of Expression of Interest

Please submit your expression of interest including full CV, proposed fee per day and a brief outline of proposed methodology for the consultancy to ANPPCAN at regional@anppcan.org marked ‘Expression of Interest for Review of Policies, Laws and International Instruments affecting Deaf Children in Kenya by 17 June 2013.