This policy defines a child as any person under the age of 18 years. Children hold a special place in society. Their nurture and well being is the responsibility of key stakeholders who include parents, wider family, the state (central and local government) and civil society. Kenya, upon recognition that children rights are human rights, has taken great strides in advancing and advocating for them. In this respect, Kenya is a signatory to various international conventions including the United Nations Convention on the Rights of the Child (UNCRC), the African Charter on the Rights and Welfare of the Child (ACRWC) and the Hague Convention on the protection of children and cooperation in respect of inter-country adoption.

The country has gone further and domesticated the same instruments by enacting the Children Act 2001, and participated in the various sessions reporting the progress made in implementing the said instruments. The commitment to the Millennium Development Goals (MDGs) and the articulation of children issues in Kenya’s Vision 2030 is a demonstration of this obligation.

The Children Act was enacted in 2001 and came into force in March 2002. The fact that the said legislation came into being without reference to and in the absence of any existing policy framework has presented many challenges in its enforcement. This policy therefore serves as a framework to guide the government in achieving commitment to our children through the implementation of the Children Act 2001. By so doing, all the children in Kenya will realize their rights as articulated in the various international instruments. More importantly, this policy will ensure that these rights are protected and advanced so that children in Kenya have a chance of realizing their full potential by growing in a safe and stable environment.

This MYSA policy draws its context from the existing international, regional and national instruments and frameworks that support the realization of the rights and welfare of children. Key among these include;

1. The United Nations Convention on the Rights of the Child (1989),
2. The African Charter on the Rights and the Welfare of the Child (1990),
3. The Children Act (2001),
4. National Early Childhood Development Policy framework; The Refugee Act (2006),
5. The Hague Convention (1993),
6. Employment Act (2007),
7. ILO convention number 182,
8. Minimum Age Convention number 138,
9. Refugee Convention (1951),
10. and the Disability Act (2003).

Other relevant frameworks include the Kenya Health Policy Framework (1999), the National Health Sector Strategic Plan II (2005-2010), The Water Act (2002), the National Early Childhood Development Service Standard Guidelines (2006), Sexual Offenses Act (2006), Food and Nutrition Policy (2007) and the National Hygiene and Sanitation Policy (2007).

After this policy is approved, a detailed five year Plan of Action will be drawn to operationalize it. In order to address the emerging issues that may affect the realization of children rights, it is recommended that this policy be reviewed from time to time when need arises.

MYSA CHILD PROTECTION POLICY STATEMENT

MYSA is committed to creating and maintaining the safest possible environment for children to play, nurture and develop talent in sport.

We do this by:

• Recognizing that all children have the right to freedom from abuse and harm.
• Ensuring that all our staff and volunteers are carefully selected and vetted, have the relevant qualifications and experience, and accept responsibility for helping to prevent the abuse of children in their care.
• Responding quickly and appropriately to all suspicions or allegations of abuse of children.
• Providing parents/carers, children with the opportunity to voice any concerns they may have.
• Adopting alternative methods of disciplinary measures and sanctions which are nonviolent and do not impose humiliation.
• Appointing a child protection officer who takes specific responsibility for children’s protection, safety and well-being.
• Reviewing the effectiveness of the clubs child protection policy and procedures.
• Working with external agencies, for example governing body, district children office, police, to ensure as far as is possible, that children are protected fully.
• Not tolerating bullying. Incidents of bullying will be investigated and treated seriously. Action will be taken to stop the bullying if identified by child protection officer.

MYSA makes no distinction between, caste, religion, gender, ability or disability; all are children and all should be given an equal opportunity whilst remaining equally free from oppression and abuse race, class religion or ethnic.

Children are entitled to the following rights provided by the parents and the Kenya government as stated in Sections 3-19 of Part II of the Children Act of 2001 of the Laws of Kenya:

• Right to life;
• Right to parental care;
• Right to free and compulsory basic education;
• Right to religious education subject to appropriated parental guidance;
• Right to health and medical care;
• Right to be protected from economic exploitation and any work that is likely to be hazardous or to interfere with the child’s education or harmful to the child’s health or physical, mental, spiritual, moral or social development;
• Right to protection from taking part in hostilities or armed conflicts;
• Right to their name and nationality;
• Right for a child with a disability to be treated with dignity and accorded appropriate medical care, special care, education and training;
• Right to protection against harmful cultural practices, including circumcision, early marriage and other cultural practices that are likely to negatively affect a child;
• Right to protection from sexual exploitation and use in prostitution, from inducement or coercion to engage in any sexual activity and from exposure to obscene materials;
• Right to protection from drugs, including hallucinogens, narcotics, alcohol, tobacco products and psychotropic drugs;
• Right to leisure, play and participation in cultural and artistic activities;
• Right to protection from torture, cruel treatment or punishment, including capital punishment, and from unlawful arrest or deprivation of liberty, including life imprisonment;
• Right to privacy subject to parental guidance.

Application of policy

The application of this Child Protection Policy applies to the periods before, after and during a MYSA activity, whilst every effort will also be made to affect positively the behaviour of adults and children, towards children, in a wider societal context.

MYSA will meet its commitment to safeguard children through the following means:

• Awareness: Ensuring that all MYSA employees, peer leaders, interns, coaches and instructors and others are aware of the problem of child abuse and the risks to children;
• Prevention: Ensuring, through awareness and good practice, that MYSA employees, peer leaders, interns, coaches and instructors and others minimize the risks to children;
• Reporting: Ensuring that staff and others are clear what steps to take where concerns arise regarding the safety of children;
• Responding: Ensuring that action is taken to support and protect children where concerns arise regarding possible abuse.

In order that the above standards of reporting and responding are met, MYSA will:

• Give immediate and serious attention to any concerns raised on child abuse;
• Take positive steps to ensure the protection of children who are subjects of any concern;
• Support children, MYSA employees, peer leaders, interns, coaches and instructors or other adults who raise concerns or who are the subjects of concern;
• Act immediately and effectively in instigating or cooperating with any investigations;
• Respect the principle of the best interests of the child in its child protection practices;
• Listen to and takes seriously the views and wishes of the children.