A Compulsory Research Submitted to Mzumbe University - Mbeya Campus College in Partial Fulfillment of the Requirement for the Award of Bachelor Degree of Laws (LLB) of the Mzumbe University
This report is titled “ the efficacy of the law relating to the duties of social welfare officer towards children under the right of parental care” .Making Sumbawanga municipal as the case study, it has been conducted due to the reason that , despite of having different laws which governing the right of parental care towards children also the duty of social welfare which is bound to safe guard the right of children specifically the right of parental care , but till both rights of parental care and duty of social welfare are not well adhered. Where as the one who violate the duty of parental care are parent’s themselves and the duties of social welfare officer are not adhered by the member of social welfare themselves(officers). The objective of this research is to look whether the existing laws are adequate to cure the problem on how social welfare are safeguard the rights of parental care, also to make analysis on the efficacy, implementation and the enforcement of existing laws to protect the rights of the a child, also the researcher based on the objective on finding out possible solution that can effectively help to eradicate the problem of the right infringement. The researcher basing on the following hypothesis that the laws against the duty of parental care is ineffective to cure the problem, that the law relating to the child parental care are not adhered by the law enforcers and if is not effectively adhered what are challenges there to. Then the findings of the researcher has reveal that the laws which protect the right of parental care together with social welfare officer are not effective to end the problem this has been due to the fact that the implementation of the laws is in question even the society at large is not aware of the said law as the result of violation of the rights of children. Weakness on the enforcement of the Act at the area and ignorance of the law to most member of the society has been revealed as the key problem. Also the researcher used various methods in data collection so as to come up with the accurate data and in so doing the researcher used primary and secondary data collection where under primary source the researcher obtained data through questionnaires, interviews methods and observations as the best way tp collect information from society and coming up with some of the important views of recommendation as the fact from the societies. Also secondary data was also gathered and these was obtained through passing through some of the writings like books, journal as well as report to mean that some of the literally were reviewed by the researcher and coming up with some recommendation based on the fact observed from those reviewed works. Thus based on the findings of this researcher the researcher gave some of the recommendation so as to cure or to eradicate over the problem, among of such recommendation include establishment of independent board to deal with matters relating to children
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together with social welfare officers who are dealing with the issue of the children, also amendment of some laws like the law of the child Act, as well a raising public awareness trough provision of education