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Abstract
This study examines the role played by the local Governments in Tanzania in ensuring that street children have access to education. A number of children in Tanzania face a problem of poor access to education for several reasons, one of them being inability to pay school fees which resulting to school drop-outs and working children, who are highly likely to be street children. It is to be noted that, the local Government authorities in Tanzania have been vested with powers to develop policies, plans, programmes and careful budgets to fulfil their role for the development of its people in a given geographical location. This study assesses the nature of the right to education in the International and domestic laws. Further, the study demonstrates on how far the local Government authorities in Iringa- Iringa Municipal Council and Mwanza- Mwanza City Council have fulfilled their obligation of providing, facilitating and promoting the right to education for street children as one of their scope of care, protection and support of children in need. Basically, the legal standards on the right to education appear to be quite clear and objective, but the omission by the Government in implementing these standards is a critical challenge in fulfilling its objectives.
A number of school-aged children, living and/or working in the streets in Iringa and Mwanza is growing, and to this effect, constitutes a violation of the right to equality and non- discrimination in education.
The implementation of the right to education for the street children in Iringa and Mwanza will help in reducing a number of street children. It is therefore, be a contributing factor to the advancement of the human right principle of equality and non-discrimination which guarantees education for all children. The study highlights some achievements and challenges in these two case studies. The core objective of this study is to use these two local Government authorities to compare and contrast their role of educating street children.
This study used the qualitative method. Data was collected through primary and secondary sources. The materials collected from these two selected case studies were then, analysed based on how the local Governments ensures equal access to education for street children.
The result indicates that, even though a local Government authority plays a central role in educating street children, there are significant challenges in implementing the International and domestic human rights law in Tanzania. These challenges are highlighted in relation to difference in a way in which this role is played both jurisdictions and, in relation to their powers and functions.
The study concludes that, the economic, social and cultural rights, including, the right to education are not priorities in the legal framework of Tanzania. A number of street children are not adequately receiving and enjoying the right to education from the Government. It is therefore, recommends that, the new proposed Draft Constitution need to be adopted. It further, recommends that, the parliament should enact the law to, specifically, address the promotion and protection of street children’s rights. The local Governments should therefore, observe the implementation of the right to education for street children in their locality. |
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