Bill Overview: Dropping out of school may no longer be an option for child parents

Will this proposed law put to rest the issue of girls dropping out of schools due to early pregnancy?

1      Where a child falls pregnant or a teacher or person in authority within the school has reason to believe that child may be pregnant, the matter shall be referred to the principal of the institution. The principal shall refer the child to a medical institution for medical examination and such other examination as may be necessary to determine the status of the child.

2     The school shall provide the necessary counselling services to the pregnant child and to her parents or guardians regarding management of the pregnancy, the provision of support services to the child and the parents to ensure the child’s emotional stability and well-being of the child during and after her delivery and the importance of continuing with her education

3      Every girl who falls pregnant and drops out of school or is of school going age but falls pregnant while out of school will have the right to be re-admitted of enrolled into an institution of basic education. She will also have the right to REMAIN in school and receive the necessary support to continue her education and participate FULLY during their pregnancy or as a parent student. A one-year maternity leave is also proposed, thereafter the child will have to produce a medical report declaring fitness to resume studies.

These provision are the ones that stand out most in the Care and Protection of Child and Parents Bill (2016). The apparent rise of early pregnancies in our society has seen many girls drop out of school. A lot of stigma and shame usually follows the girl throughout. It may be considered a taboo to have a bun in the oven when in school. The administration is usually quick and unhinged in sending girls packing. These girls will be used as bad examples of how ‘decent ladies’ should not behave up until a new batch of girls are found expectant, then the cycle is refreshed. It might be too early to bet on the November 02/16 Bill being passed into law. This is because it seemingly puts too much responsibility on the institution as pertains to how a child’s early pregnancy should be handled. The government also doesn’t assume a very active role other than formulating policies. It has been said time and again that most parents have made school administrators their co-parents, so, in as much as the child needs to be protected during this time, the guardian or parent has to have a primary role as well.

The main aspect to take home from this Bill being passed is that young girls will no longer be denied access to education merely because they are pregnant. I remember candidates in boarding schools expecting (no pun intended) to sit national exams were forced to leave school and required to make arrangements on how they were to complete their exam. When coming to sit the exams, other students would literally stop in their tracks to watch them make an entry into the school compound. The long walkway that led to the classes did little lessen this tension. Some students with no shame at all would point right at their colleague’s belly and gasp in awe. One would think that something completely unnatural happened.  Having the student become part of the school program would really help her and the rest to be mentally resilient and enable the girl concentrate on her education. 

The bill also provides that no girl will be compelled to undergo any medical examination where she refuses to do so [Sec 10(3)]. How I wish something like this existed during my time in school. Every girl who has gone through the typical 8-4-4 system must have experienced that “special” day when the entire student body (In an all-girls school) would be tested. 

When I say tested, I don’t mean the usual pee-in-a-cup-pour-on-a-stick method. It was all manual. Done by the school nurse. The physical and stomach presses lasted only a few minutes but was uncomfortable as hell. I asked around and it is still being done in schools around the country despite there being a huge margin of error, when applying this method. The catch to not undergoing an examination is that the institution will not be held liable for any consequences that results from the failure by the child to undergo the same. Sounds fair?

There’s also the issue of parents/guardians wanting nothing to do with the girl. To address this, the bill proposes that a parent or guardian will not be discharged from their responsibilities regarding the pregnant child and will collaborate with the institution for basic education in supporting and monitoring the health of the child. It might take some time before some of the provisions of this bill are divested into society, if at all it is passed.

Here’s a run-down of its provisions.

·         It not only gives an expectant girl child but also child parents an opportunity to access basic education. A child under the bill to be one under 20 years old.

·         A child will continue her studies even after it is determined that she is pregnant. Be allowed to make up for missed classes etc.

·         A child will not undergo medical examinations against her will.

·         The institution of basic education (IBE) will handle the pregnancy of a child with confidentially.

·         Any information about the status of the child will not be divulged to a parent or guardian by the IBE without consent of the child.

·     Parents/guardian will collaborate with the IBE in supporting and monitoring the healthcare of the child, and ensure she continues with her education

·        Before returning to school, it is to be ensured that the child is fit to resume her studies and the welfare of the newborn baby is also safeguarded.

·         Responsibility of a parent/guardian will not be discharged by reason of a child’s pregnancy.

·        The National & county government will formulate policies for re-admission, and prevention of drop-outs.

·      The child will resume her studies where she left off, and is not to be discriminated against, or excluded from interacting with her peers or engage in activities that form part of the school program.

·      Refusal to re-admit a child amounts to an offence liable to a fine not exceeding Ksh. 500,000 or imprisonment of not more than six months or both.

·       The Bill also proposes establishment of care centers for children younger than 3 years of age. The county government is to oversee and facilitate the care centers’ establishment, registration, licensing, inspection etc.

Implications of Brexit

By now, the dust on the internationally watched vote by Britain to exit the Europen Union (Brexit) has settled. Views & Woes have been made, resignations rendered and protests erupted then gradually abated. What remains is to examine its means for the modern world as we know it and whether UK will initiate the withdrawal process. After the vote, there was immediate pressure from the President of the European Council Jean-Claude Juncker, that it is in the best interest of UK that they finalize on the exit immediately.

It is worth noting that the referendum was non-binding and merely advisory. This is essentially what was claimed by the 48% that voted to stay. Essentially, the UK still has an option of staying in the union. It would however seem like a complete waste of process and resources to ignore the need of the vast majority. The 52% voters who want the exit effected.

The European Union much like the East African community was established to facilitate free trade, free movement and good relations among European States. Before this, different sates had different policies that impeded their relations with each other. The goal of the Union was to harmonize laws in order to reduce such conflict.  Cooperation developed to the extent that there is a common currency (Euros) for members of the union. Being in such an arrangement meant that members shoulder gain and loses at equal footing. Richer states would be disadvantaged. For example, if that was the same arrangement in EAC region was hit by a recession, Kenya, which is seemingly the powerhouse of the region, will suffer more than the others.

Britain joined the European Economic Community on 1 January 1973, along with Denmark and Ireland.

In as much as this was beneficial to the UK, it brought about a set of problems. It for example, started struggling with immigration. Since its join, people flocked the state in search of greener pastures which saw to a rapid population increase. The current influx of migrants from war torn Middle East also does little to salvage the situation UK might have thought it was in. Country A, say, is being coerced to allow migrants in the thousands. Country B which is watching, knows that its turn is approaching once A is filled to capacity. So, what does B do? It leaves the Union to prevent those future obligations.

Was this Britain's notion of  being in the EU..?? You judge!

This is not a conclusion that Europe’s immigrant crisis might have triggered Brexit. Britain might have thought that being in the EU does it more harm than good. In 2015 the decision to exit the union was first brought.

Now that there is a majority vote to leave the EU, the world is watching for the initiation of due process to formally withdraw. Article 50 of the Treaty of the European Union (which by now, must be the most read article worldwide) summarily provides that:

"Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements". Although it calls for a negotiated withdrawal between the seceding state and the rest of the EU, if no agreement is reached two years after the seceding state announced its intention to leave, it would cease to be subject to the treaties anyway (thus ensuring a right to unilateral withdrawal). Britain, known for having an unwritten constitution clearly did not have to struggle on choice of appropriate means to exit. So, if Article 50 is invoked today, the process might be concluded in 2019. Unless Britain decides to stay and stops holding the rest of the union by the throat, then anytime (be it in months or a year’s time) they decide to formally withdraw; then, their relation with EU will be running on a 2year timer.

Since the referendum was conducted, protests have arisen from pro-stay Brits condemning the exit. It is not yet clear what long-term implications Brexit has but the EU Treaty guarantees the continuity of rights and obligations of the European citizens belonging to a new state arising from the democratic secession of a European Union member state. It is however, highly unlikely that those who voted against Brexix would want to form their own state and remain under the wings of EU. Highly Unlikely! Additionally, Brexit could remove rights enshrined in the EU treaties - unless the UK agreed to keep them under a new settlement with the EU.

If at the end of the line, Britain decides that the exit was a terrible idea and it wants in again, it will have to apply to join like any new state. This is also a fathomable prediction given that most young people voted to stay. Statics show, most elderly people voted to exit. It may then lie on the young people to bring it back (decades later) in case the exit is finalized. Presently, knowing that historically, Britain doesn’t stay in one place at a time for too long, we might just live to see the BREXIT come to pass!

 

Please take us back.. we did not mean to BREXIT :(