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.