Submitted by crinadmin on
[WINDHOEK, 7 November 2008]Ā ā The Childrenās Status Act 2006 came into effect on Monday, after it was published in the Government Gazette. The piece of legislation puts measures in place that will ensure that children are treated the same regardless of their parentsā marital status.Ā The aim is forĀ no child to suffer discrimination or disadvantage because of the marital status of his or her parents. The Legal Assistance Centre said the Childrenās Status Act 2006 (Act no 6 of 2006) would benefit children in many areas including the custody and guardianship of children born outside marriage, children whose parent or guardian has died and the designation of custody and guardianship in cases where a child is born as a result of rape. The main objectives of the Act are to promote and protect the best interests of the child and ensure that they are not discriminated against and disadvantaged due to the parentsā marital status. Namibiaās supreme law, the Constitution in Article 15 (1) gives children rights to a name, to acquire a nationality and, subject to legislation enacted in the best interests of children, as far as possible the right to know and be cared for by their parents. The constitution also guarantees them equality before the law and protects them against discrimination on the grounds of sex, race, colour, ethnic origin, religion, creed or social or economic status. Before the enactment of this legislation, mothers had sole custody and guardianship of a child born outside marriage, while fathers had no clear rights. The Childrenās Status Act gives both mothers and fathers rights to decide who will take care of the child on a daily basis, while guaranteeing that the other parent has automatic rights of access. āThis means that both parents have an equal right to become the childās custodian, but one of them must act as the primary custodian. The parents must make an agreement on this. If no agreement is made, either parent (or someone acting on behalf of the child) can apply to the childrenās court for the appointment of a primary custodian,ā said LACās Rachel Coomer, adding that this decision will be made according to what is in the best interests of the child. The childās custodian will automatically be the childās legal guardian. The Act also provides for the care of children without parents or guardians. Previously, in the absence of a will naming the custodian and guardian, only the High Court could name a guardian. This was an expensive and often inaccessible process for many people, and left many children without guardians. But the Childrenās Status Act provides a simple, cost-free procedure for appointing guardians if there is no will and a simple procedure for complaints in cases where a childās guardian is not acting in the best interests of the child. In cases where a child was born as a consequence of rape, the rapist does not have automatic rights to custody, guardianship or access, although such rights can be applied for through the court. The Legal Assistance Centre will publish a simplified guide to the Childrenās Status Act in vernacular languages in 2009. The law also defines procedures for confirming paternity, inheritance, maintenance and domicile. Further information
pdf: http://www.newera.com.na/page.php?id=10204Association: New Era, Namibia