This report provides a systematic analysis of the progress achieved for children under EDPRS-1 (2008-2013) and of
the current situation of children using mainly EICV and RDHS data to inform the development of EDPRS-2 and
policies and programmes more generally. It is informed by the UN Convention on the Rights of the Child (CRC)
whose principles state that every child matters, that children should be a priority, that children deserve the best, that
children can and should participate, that abuse, exploitation and violence against children are intolerable and that
Governments and other duty bearers are accountable. The report is set out in three main parts: the first part
examines the progress made in promoting child rights under EDPRS-1 measured against the Government’s own
policy objectives and targets; the second provides a situational analysis of children in2012 through an inequalities
lens, emphasising how different groups of children face different challenges and have benefited differentially; and
the third part sets out the main gaps and inequalities uncovered by the analysis in the first two parts in meeting
children’s rights as the main priority targets for EDPRS-2.
The CRC was ratified without reservation by Rwanda in 1991 and is incorporated into domestic law in the 2003
Constitution. In the CRC children’s rights are set out under four pillars: survival rights; development rights;
protection rights; and participation rights. In evaluating the extent to which children’s rights are promoted we can
ask four questions. Firstly we can consider the extent to which the CRC is fully incorporated into Rwandan law,
secondly we can consider the extent to which the polices are in place to promote child rights to the full, thirdly we
can ask the extent to which the necessary resources (physical and human) are allocated, and finally we can consider
the extent to which the aimed-for outcomes are being achieved. Here we shall bear in mind that only that which is
legislated is legally binding.
In 2011 the Government of Rwanda introduced the National Integrated Child Rights Policy (Ministry of Gender
and Family Promotion) detailing Rwanda’s vision and commitment to children in the context of the CRC. In 2012
the Law Relating to the Rights and Protection of the Child (Law No 54/2011 of 14/12/2011) was gazetted setting
out the legal framework together with the revised Penal Code (Organic Law No 01/20/2012), which sets out the
penalties for offences against children and the mitigation of sentence for children aged between 14 and 17 years.
These documents in combination provide the main legal and policy framework for promoting the rights of the child.
In general Rwanda now complies with the letter of the CRC but there is still a need to take forward proposals for
the legal reform of the juvenile justice system and the development of a coordinated policy for the sector. There is
also a need for a comprehensive policy to promote the rights of children living with disabilities. Furthermore there
some areas where laws and policies need to be harmonised. For example the Integrated Child Rights Policy states
that the Government will legislate for the right for every child in Rwanda to have the first nine years of basic
education fee-free (paragraph 4.3.1) but Law No 54/2011 of 14/12/2011 only legislates for primary education to be
free and compulsory (Article 47).
The analysis of the progress made against targets set in promoting child rights under EDPRS-1 shows that in
general good progress has been made. There were significant improvements in maternal, infant and child health
with reductions in mortality and morbidity. Educational provision has been expanded and children now have the
right to 12 years basic fee-free education although the law only legislates for free primary schooling. Progression
and completion rates have improved as well as basic literacy levels. Gender differences in educational participation
and achievement have been eliminated at primary and junior secondary levels. The adoption of the child-friendly
schools standard paves the way for inclusive education and ensuring children living with disabilities are able to
exercise their right to an education. Similarly the Early Years Development Policy paves the way for provision to
be put in place that will help overcome the effects of some of the underlying socio-economic inequalities which
lead to unequal health and educational outcomes. The establishment of the Child Rights Observatory and the
National Commission for Children will ensure greater compliance with legislation and a number of new/revised
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laws provide greater protection for children against violence (Law No 59/2008; Law No 54/2011) and exploitation
in employment and the worst forms of labour (Law N0 13/2009; Law No 54/2011; Ministerial Order No 6
13/07/2010) including prostitution, trafficking and pornography.
However, some targets have not been met, including those for the uptake of modern contraception (the management
of family size and so the socio-economic status of children), for the proportion of women giving birth with the
assistance of a qualified health care worker and for stunting in children under five years. The main barriers seem to
be poverty and lack of awareness and knowledge together with the need to implement policies for early years
nutrition as outlined in the Early Childhood Development Strategy (Ministry of Education 2011b). In education the
main targets not met relate to the quality of provision and the failure of a majority of children to complete a full
cycle of primary education. The bottlenecks are related to inadequate physical and human resources and a lack of
teacher motivation resulting in overcrowed and poorly resourced schools. The target for increasing the number of
labour inspectors was not met but there has been a substantial decrease in the proportion of children under 16 years
in employment (child labours ), from 21.3 per cent in 2005/6 to 6.4 per cent in 2010/11 (EICV 2 & 3). A number
of issues that were identified as priorities under EDPRS-1 continue to need special attention: stunting in children,
educational quality, unmet need for contraception and low use of condoms among adolescents.
The analysis of child poverty and child vulnerability demonstrates the importance of recognising the difference
between the two. While all extremely poor and poor children are vulnerable, not all vulnerable children are poor.
Children at the greatest risk of poverty are those living with a lone parent mother whether the father is alive or not.
The highest levels of poverty are to be found among children living in rural areas in a two parent family. While
children not living with their parents and double orphans are vulnerable, their risk of poverty is significantly lower.
Other vulnerable children, not all of whom are poor, include those living with disabilities and chronic ill health
including HIV, those engaged in child labour, street children, children in conflict with the law and child victims of
crime including sexual exploitation and violence in the home and community. There is evidence that the targeting
of social protection benefits using Ubudehe Categories is acting unequally, meaning that a significant proportion of
extremely poor households in some areas may not be getting the benefits they should be eligible for, such as
exemption from payment of health insurance and parental school contributions, and that households that are not
extremely poor are judged as eligible for such benefits in some areas.