Child protection in the family home: the state's role in enhancing the best interests' principle

Ngano, Joy Murugi
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Strathmore University
The family is regarded by some as a private institution in society that does not require any intervention nor interference by the state. This is in consideration that the state has an interest in its citizens' wellbeing and owes them the duty of protection. This is also linked to the interest in having a society that ensures its members are thriving so as to have productive members. The state's interest intensifies when the members in question are considered to be vulnerable. Children are considered vulnerable in society for they need care and protection to thrive and attain their maximum potential. For the purposes of this research, I will focus on children and how the state ensures their protection in a private family institution while enhancing the best interests' principle. A comparative study between the US, South Africa and Kenya will be used to see the various ways states afford protection to children in the family institution.
Submitted in partial fulfillment of the requirements of the Bachelor of Laws Degree, Strathmore University Law School
Child protection, Family home, State's role, Best interests' principle