Examination of the realisation of the right to education among street children in Uganda: a case study of Central Division, Kampala, District, 2000-2020

Abstract

This study aimed at assessing the realization of the Right to education among street children in Uganda focusing on central division in Kampala Capital City Authority. The study established from a human rights perspective the meaning of the right to education as entailed in the human rights instruments. Assessed the effectiveness of the existing legal and institutional frameworks mandated to protect and promote the right to education for all including street children and the study also assessed from a human rights point of view the situation regarding the realization of the right to education among street children in central division, Kampala Capital city Authority. The study employed a case study design which was descriptive and analytical to gather both qualitative and quantitative data through data collection methods such as Observation, focused group discussion, interviews and questionnaires and a total of 85 respondents were selected for the study using purposive and Random sampling. Findings regarding the meaning of the right to education as entailed in the human rights instruments indicated that Education is both a human right in itself and an indispensable means of realizing other human rights. It was revealed that as empowerment right, education is the primary vehicle by which economically and socially marginalized groups can lift themselves out of poverty and obtain the means to participate fully in their communities. In relation to the effectiveness of the existing legal and institutional frameworks mandated to protect and promote the right to education for all including street children, findings indicated that whereas Uganda has ratified and domesticated a number of human rights instruments both international, regional and national of which education policies such as UPE and USE policies aimed at protecting and promoting the right to education for all (street children inclusive) were introduced. Furthermore, findings indicated that Government of Uganda has by circumstance absconded from its constitutional mandate and totally failed to meet its obligations to protect and promote children’s Right to education, because of the shortcomings in the government's implementation of its children protection frameworks which has contributed negatively to the realization of Right to education among street children in Uganda. Concerning the situation about the realization of the right to education among street children in central division, Kampala Capital city Authority, Qualitative findings from focused group’s discussions indicated most respondents didn’t attend school since there was no money to pay for school fees and the outbreak of COVID-19 made it worse. Despite, the international, national legal and institutional human rights frameworks having played a significant role in enhancing the right to education for all, there are still noticeable challenges in their implementation. For instance, despite Uganda’s efforts for the protection and promotion of the right to education for all through the introduction of both Universal primary Education and Universal Secondary Education policies which are in line with article 13 of the international covenant on economic, social and cultural Rights (1966) , article 28 of the Convention on the Rights of the child of 1989, Article 17 of the 1981 African Charter on Human and people’s Rights also (Known as the Banjul Charter),the realization of the Right to education amidst the existence of the above government interventions is still a major challenge among street children. The study concluded that in order to have a long-lasting solution to the realization of the right to education among street children, there is need to amend both international and national legal frameworks to address the unique barriers street children face in accessing education and acknowledging their realities which are crucial in the development of education programmes that leave no street children behind. Based on the study findings, the research puts forward the following recommendations; There is need for the government of the Republic of Uganda to construct special schools to cater for children with special needs (Street children Inclusive), Government of the Republic of Uganda should revise the National Teachers training colleges’ curriculum to include special modules for children with special needs as well as Strengthening community child protection systems to support children to resettle with their families.