This archive report was first published on 17 November 2019.
As the world marks the 30th anniversary of the United Nations Convention on the Rights of the Child (UNCRC), Kenya's Constitution stands out for its strong provisions on children's rights.
Article 53(2) of the 2010 Kenyan Constitution states that 'a child's best interests are of paramount importance in every matter concerning a child,' surpassing the UNCRC's Article 3, which prioritizes the child's interests but does not make them supreme.
The UNCRC's 54 articles and three additional protocols offer a comprehensive framework for protecting children's rights, including restrictions on child involvement in armed conflict, child prostitution, and child pornography. However, Article 41 of the UNCRC allows states to apply superior national standards, which in Kenya's case, means Article 53(2) of the Constitution takes precedence.
Despite this, Kenya has made significant progress in education and healthcare, with children's lives improving dramatically since the author's childhood. However, much work remains to be done, particularly in rural areas.
As Nelson Mandela said, 'a nation should not be judged by how it treats its highest citizens, but its lowest ones.'
Dr. Wambui Macharia, an advocate of the High Court of Kenya and Laws Research PhD from King's College London, emphasizes the importance of upholding children's rights and working towards a better future for all Kenyan children.
