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Article 7: The child shall be registered after birth and have the right from birth to a name and nationality, the right to know and be cared for by his or her parents.
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• Name and nationality
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• Birth Certificate Knowledge of family and interaction/regular contact with family
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• Extremely difficult to obtain birth certificates for children in family-based and institutional care.
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• Most children have knowledge of their family in institutional care
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Article 8: Right to preserve identity, including nationality, name and family relations
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• Name and kinship
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• Family Connections Programs
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• Family connections important component of institutional and community-based care programming
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• Knowledge and memories of personal and family origin
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Article 14: Right to freedom of thought, consciences and religion
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• Flexibility/space for child’s exploration and expression of different views
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• Policy on participation in religious activities
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• Compulsory religious education at half of the institutions
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• Many institutions are faith-based organizations
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Article 17: Right to information
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• Ability of the child to access information and knowledge
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• Presence of books
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• Books rarely available in family-based settings
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• Information and education on HIV prevention
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• Both families and institutions provide HIV prevention education
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• Knowledge of parental/family history
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• Children in families and institutions have knowledge of family history
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Article 19: Right to be protected from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation
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• Protected from any form of maltreatment from caregiver(s)
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• The use of corporal punishment to enforce discipline
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• Families mainly use corporal punishment as discipline and some institutions; yet it is against the Kenyan constitution
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Article 24: Right to health
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• Accessible healthcare
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• Health insurance
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• Children in family-based and institutional care are rarely medically insured
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Article 27: Right to a standard of living adequate for the child’s physical, mental, spiritual, moral and social development
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• Adequate protection from the elements
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• Type of shelter
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• Institutions more likely to provide basic material needs than families
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• Secure dwelling
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• Possessing at least one pair of shoes, one blanket, 2 pairs of non-school clothing
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• Lower standards of living in family-based care in comparison to institutions
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• Basic material needs
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• Children lack their own mattress, private cabinet, and blankets in family-based care
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• Private cabinet
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Article 28: Right to Education
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School planning and participation
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• School attendance
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• Majority of school-aged children attending school in both families and institutions
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Article 31: Right to rest and leisure, to engage in play and recreational activities
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• Flexibility/space for child to play and engage in recreational activities
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• Scheduled leisure time
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• Toys and games rarely available to children living in family-based care
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• Access to toys, games
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• Both institutions and families have space or facilities for sports.
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• Space or facilities for sports
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• Lack of scheduled leisure time for children in family-based care
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• Access to equipment
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Article 32: Right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child’s education
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• Protection from child labour and excessive work
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• Household tasks that children assist with
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• Children in family-based care assist with many household tasks including firewood and water collection and income generating activities which may interfere with a child’s education as these tasks maybe time consuming.
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