Children S Rights
Children S Rights
WHAT IS A CHILD?
● The Children’s Act defines a child as any person who is under the age of 14 years.
● The Adoption of Children’s Act defines a child as a person under the age of 19 years.
● The United Nations Declaration of the Rights of the Child defines a child as a person
under the age of 18 years.
● The Constitution of Botswana defines a child as a person under the age of 21 years.
Children’s rights are rules of fairness that all children are entitled to enjoy. Children’s
rights are meant to protect them from any form of abuse and exploitation. This is because
unlike adults, children are not old enough to care for and to protect themselves. As a
result, they are vulnerable to abuse and exploitation especially by adults. Although
children have rights which are specifically meant for them, they are also entitled to the
human rights stated in the United Nations Universal Declaration of Human Rights
because they too are human beings.
A statute is an enactment act of the law. Botswana has statutes or laws that protect the
rights of children in the country. Some of theses laws are as follows:
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The table below shows the position and rights of children in the different statutes of
Botswana.
The Employment Act ▪ The minimum age for ▪ The right to be protected
basic employment of from economic exploitation
children is 15 years. and from hazardous work.
▪ The minimum age for ▪ The right of the child to
basic employment of rest and leisure, to engage
children for hazardous work in play and recreational
is 18 years. activities.
▪ The law protects children ▪ The right to education.
from being exploited as
cheap labour and being
exposed to situations which
endanger their life.
The Child Maintenance Act ▪ A child is a person below ▪ The right to protection
the age of 18 years. from neglect.
However, if the child is still ▪ The right to a standard of
a student, the age limit can living adequate for his or
be extended until such time her physical, mental,
when a child is no longer a spiritual, moral and social
dependent. development.
The Adoption of A Child ▪ A child is a person under ▪ The right to be protected
Act the age of 19 years. from abuse, neglect and
▪ A child is a minor, so the exploitation.
law requires that a court of ▪ The right to a standard of
law has to approve an living adequate for his or
adoption. This is done in her physical, mental,
order to protect the rights spiritual, moral and social
and interests of the child to development.
be adopted.
▪ A child cannot apply to be
adopted. It is the adult or
adults, who want to adopt
the child who have to apply
for permission to adopt.
Deserted Wives And ▪ A child is a person who is ▪ The right to a standard of
Children Act under the age of 16 years, living adequate for his or
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or who is older than 16 her physical, mental,
years but less than 21 years spiritual, moral and social
old and is not earning his or development.
her own living. ▪ The right to be protected
▪ A child is regarded as from any form of abuse.
having been deserted by his
or her father if such child is
without adequate means of
support and the father has
without sufficient cause
refused or neglected to
provide such a child with
food or other necessaries of
life; or the child has left or
has been removed from the
home of the father because
of the acts of cruelty of the
father or because the father
is a habitual drunkard.
These are roles and duties that children are expected to perform in the family and society.
The laws of Botswana do not give children any legal responsibilities. However children
do have certain age appropriate responsibilities that their families and society expect
them to do. Children have a responsibility to:
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4. Work hard at school and do the best they can
Children have a right to education, however, they have a responsibility to work hard at
school and do the best they can. It is the child’s responsibility to pay attention in class, do
their assignments on time and to prepare well for tests and examinations.
6. Children also have a responsibility to obey and uphold the laws of a country, for
example, applying for identity card when they turn 16 years.
Children have a very important place in the family and society. They are valued and
recognized as being in need of special care, protection and guidance.
Their importance to the family and society is shown in the following ways:
► Children represent the continuity of the family and society. Children are the future
generation. They grow up to become adults and have children of their own. They are the
future leaders of the society. This allows the family and society to continue to exist.
► Children bring pleasure and happiness to the family. Most parents want to have
children of their own to love and watch them grow. In many cultures, having children is
seen as a sign of adulthood.
► In patrilineal cultures, the boy child is valued because he carries the family name.
When he grows up, marries and has children, the children bear his surname. This helps to
continue the family name.
► Children help with family chores such as cooking, cleaning, washing and sweeping. In
the past, children were an important source of labour in the family, for example they
helped raise crops and livestock. For the society, children are the future workers. This is
why countries spend a lot of money on training children and young adults.
► In cultures where bogadi is given to the woman’s family upon marriage, the girl child
is valued for her future potential to bring wealth to her family.
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► In some cultures, children were valued because later on life, they took care of their
elderly parents and would advice them. A Setswana proverb says`Botlhale jwa phala bo
tswa phalaneng` meaning that children can advice their parents.
► Children are considered the rightful heirs to their parent’s property.
A disabled child is a child who is not able to use some of his or her body parts easily or
even completely. For example, the child may be visually or hearing impaired or have a
physical or mental disability. They may not be able to move their legs, hands or arms.
This may have been caused by a physical or mental injury, or by an illness. It is important
to recognize that children with disabilities are equally important in the society and are
worthy of special care and protection like all other children.
Children with disability in Botswana are entitled to all the rights and protections stated in
the UN Children’s Charter. They are also entitled to the rights stated in the Constitution
and to the children’s rights protected by laws of Botswana.
Disability is not inability and therefore children who have disabilities should be given
opportunities to develop and use their talents as best as they can. For example, special
education relevant to their disability should be made available to enable them to go to
school.
Public buildings such as schools, clinics, hospitals and offices can provide ramps, wider
doors, and special toilets to accommodate children who use wheel chairs.
In 1959, the United Nations produced a document called the United Nations Declaration
of the Rights of the Child. This document sets out the special rights of children. On 20
November 1989, the United Nations issued the Convention on the Rights of the Child
(also known as the UN Children’s Charter). It protects all children without
discrimination. The Children’s Charter consists of 54 articles which deal with the civil,
cultural, economic, political and social rights of children and obligation of states or
governments with regard to protecting the rights.
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Below are some of the rights of children stated in the Children’s Charter.
Article 37 The right not to be subjected to torture or degrading treatment nor be deprived
of freedom unlawfully.
Article 40 Children accused of a crime have a right to be presumed innocent and to a fair
hearing and must be of a minimum age.
Article 42 The right to know and be informed about the principles and articles of the
Convention on the Rights of Children.
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Article 54 The right to childhood and protection of childhood.
The Constitution of Botswana protects certain fundamental rights and freedoms of every
individual in Botswana, including children.
Some of the rights stated in the UN Children’s Charter are similar to the rights stated in
Botswana ‘s Constitution , for example, both:
Protect the right to life.
Provide protection from slavery, servitude and forced labour.
Provide protection from discrimination.
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The Children’s Charter protects the rights of children only, while the Constitution
of Botswana protects the rights of every individual in Botswana.
The Children’s Charter protects the rights of children all over the world, while the
rights in the Constitution of Botswana apply to children in Botswana only.
There are some differences regarding the age of a person who is considered to be
a child. The Children’ s Charter defines a child as a person under the age of 18
years, while the Constitution of Botswana is not clear and specific about the age
below which a person is considered to be a child. Different Acts vary in their
definition of a child.
CHILD ABUSE
Child abuse is the act of causing pain and suffering to a child. It is any deliberate act by
an adult that violates the rights of a child and harms the welfare and wellbeing of the
child. Children who are abused are mistreated.
Common child abuse practices include physical, emotional and sexual abuse, child
neglect, child abandonment and child labour.
A. PHYSICAL ABUSE
Physical abuse involves the deliberate use of force to cause pain and injury to the body. It
can even result in death. Physical abuse practices include beating, pinching, slapping,
kicking, biting, burning pars of the body, drowning, hitting, choking, pulling a child’s
hair or ear, throwing objects at a child and denying a child food because he or she failed
to perform a task.
B. EMOTIONAL ABUSE
Emotional abuse involves practices that hurt a child’s feelings and negatively affect a
child’s self-concept, self-esteem and self-confidence.
Some adults make children feel that they are worthless, for example, by often
telling them that they are useless and always criticizing them. It is not wrong to
reprimand a child when he or she has done something wrong, however, any criticism
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should be fair, constructive and help a child become a better person. Adults should also
understand that children are still immature and will make mistakes.
Humiliating a child
Threatening a child
Some adults threaten children whenever they have done something wrong. Some threats
are abusive because they make children feel insecure, unloved and unwanted, for
example, a parent threatening to disown a child.
Ignoring a child
Ignoring a child involves a parent refusing to communicate with their child or to make
the child feel loved. This is abuse because children want to be loved, to feel wanted and
to be recognized. Ignoring a child can make a child develop low self-esteem, lose self-
confidence and have a negative self- concept.
Children should be allowed certain social development. For example, they should be
allowed to play with others, visit relatives such as grandparents, cousins and aunts, to go
on school trips and participate in sporting activities. Denying children such interactions is
a form of emotional abuse because it can result in lack of personal fulfillment and social
skills.
C. SEXUAL ABUSE
Sexual abuse refers to sexual acts involving an adult and a minor (a boy or girl under the
age of 16 years). It can also be defined as adults engaging in sexual acts and behaviour
with children and adults forcing children to engage in sexual acts and behaviour.
Some adults take advantage of children and have sex with them. A child may be raped or
defiled. Having sex with children is abuse because they are not considered mature enough
to have sex or give informed consent to sex.
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Forcing children into early marriages
Marriage involves having sexual intercourse with a marriage partner and may also
involve bearing children. Forcing children to get married is sexual abuse because they are
not physically and emotionally mature to engage in sexual relationships. The
reproductive system of the female child is not yet fully developed and giving birth may
result in complications to both mother and baby.
Forcing children in to prostitution is sexual abuse because the child is being exploited for
the sexual pleasure of adults. Prostitution can negatively affect a child in various ways,
for example a child is exposed to sexually transmitted infections, including HIV.
Showing pornographic films and sex magazines to children is a form of sexual abuse.
This affects children in many ways. For example, it can influence children to engage in
sexual acts at an early age, and this may interfere with their moral development.
Making a child touch one’s genitals and fondling the child’s genitals.
Making a child touch and fondle an adult’s genitals is sexual abuse. This is because the
child is being used to satisfy the adult’s sexual desires. Fondling a child’s genitals to gain
sexual satisfaction is also a form of sexual abuse.
D. CHILD NEGLECT
Parents, guardians and other caregivers, who have the means but choose not to care for
and support their children, are considered to be abusing their children by neglecting them.
Not providing a child with basic needs such as healthy food, adequate clothing,
bedding and shelter, even if one can’t afford to.
Not caring about the personal hygiene of the child, for example, not bathing a
child, making a child wear dirty clothes and feeding a child with dirty utensils.
Leaving a child in an unsafe place and endangering their safety and life.
Not seeking medical attention for a child, for example, not taking a child to the
clinic when the child is injured or sick.
Not taking an interest in a child’s education, for example, not attending parents
day meeting with teachers for no good reason.
Paying little or no attention to a child.
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E. CHILD ABANDONMENT
Child abandonment is the act of leaving a child behind and never coming back for the
child. Abandoning a child involves decision not to maintain a child left with another
parent or relative. The parent or parents do not care what happens to the child. This is
child abuse because it is a violation of a child’s right to know his or her parents, and to be
cared for and loved by the parents. Abandoned children may become emotionally
traumatized.
F. CHILD LABOUR
harms children and is not age appropriate. For example, children are engaged in
hazardous work, such as working in mines, working with chemicals and
pesticides or dangerous machinery. Some are employed as domestic servants, in
factories and on farms.
Violates articles of the UN Children’s Charter which prohibit the employment of
children.
Prevents children from going to school.
Child labour is a common child abuse practice in many countries in the world. In
Botswana, although the Children’s Act and the Employment Act make it illegal to use
child labour, some people still employ children, for example, as farm workers.
You can read about child labour in other parts of the world on the internet at the
following website: http://www.unicef.org/protection/index childlabour.html
There are situations that put children at risk of being abused. It must be emphasized,
however, that situations that may lead to child abuse in one family may not do so in
another. For example, several researchers have noted the relationship between poverty
and child abuse, yet not all people living in poverty abuse their children.
Adults who are aware that children are living alone, may start by visiting them and
offering to help them , for example, by giving them food and money. The children may in
turn trust such adults. Later, the adults may take advantage of the situation and sexually
abuse them.
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A blended family, also known as a step family, is a family in which one or both parents
have children from a previous relationship or marriage and live with them. A step parent
may physically and emotionally abuse the step children because he or she resents them.
Step parents may also sexually abuse step children because they are not their biological
children.
Poverty
Children growing up in a poor family may end up accepting food, money and gifts from
strangers or other adults they know in the community. The adults may end up taking
advantage of the children’s situation and sexually abuse them. Peer pressure makes these
children want the things that their friends have. They may want money at all costs and be
prepared to exchange sexual favours for it.
Inadequate accommodation
Inadequate accommodation may lead to children sleeping in the same room with an adult
or adults. Some adults may take advantage of the situation and sexually abuse the
children during the night.
In situations where parents abuse drugs and alcohol they may neglect their children and
fail to provide for the needs of their children. They may spend all the money they have
buying alcohol and drugs. The parents may also spend most of the time at the shebeen or
bar and not even care if the children have something to eat or are ill. A parent or
caregiver who abuses drugs and alcohol may abuse children because he or she is under
the influence of these substances. She or he may not be thinking straight For example, a
drunk father may hit ac child with a broomstick because the child was busy with school
work and did not bath the baby. An adult who is affected by taking drugs or drinking too
much alcohol may lose self-control and abuse a child sexually. Sometimes children who
abuse drugs or alcohol may be taken advantage of by irresponsible adults or even their
peers. For example, their peers may gang rape them because they are under the influence
of these substances.
When children walk alone in unsafe places such as along bushy areas and at night, they
become vulnerable to abuse. For instance, they may be beaten, raped or even killed by
strangers.
Children who normally accept lifts from strangers are at risk of being kidnapped, raped or
killed by strangers.
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Children using the internet without proper supervision and guidance
Children who do not know how to use the internet safely may be vulnerable to sexual
abuse by paedophiles. Cases have been reported all over the world of paedophiles using
the internet to entice children to send them naked pictures of themselves or into meeting
them to have sex.
A single mother who is supporting a child by herself may subject a child to emotional
abuse. This is because she is angry with the father who has abandoned the child and she
takes it out on the child. This can also be done by an adult if he or she is experiencing a
lot of stress.
People who were abused as children may abuse their own children. This is because they
have grown up only knowing abuse as a form of power or discipline. Sometimes they
think that abuse is normal.
Unwanted children
A mother who gives birth to a child whom she does not want may abuse the child
because she was not prepared for it. She may dislike this child so much that she neglects
the child, denying his or her basic needs such as food and clothes. The mother may even
abandon the child.
Child abuse is morally wrong. It brings long-term pain and suffering to the victim. Here
are some of the effects that child abuse has on its victims:
Child abuse may cause physical damage to the child. The child may have injuries
such as bruises, broken bones and wounds.
A child who is abused may become a low achiever at school because of loss of
concentration.
The abused child lives in fear and is traumatized by his or her experiences.
A child who is abused may bully others. This is because he or she thinks that
violence and abuse are powerful ways of getting what he or she wants.
An abused child may become aggressive because he or she is used to seeing the
abuser dealing with his or her stress and frustration in an angry and threatening
way.
An abused child is usually lonely and isolated. He or she is afraid to be with
others. The child has feelings of helplessness and therefore does not mix easily
with others.
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When a girl child is sexually abused, she may become pregnant and abort her
child. This is usually done by an unqualified backstreet abortionist in an
unhygienic environment. This can endanger the child’s health and her life. This
child might leave school and may never be able to go back, which could damage
her future.
A child who is sexually abused may contract sexually transmitted infections,
including HIV and AIDS. This can ruin the child’s life because there is no cure
for HIV and AIDS.
Sexual abuse can seriously damage a child. It often makes the victim feel guilty
and that he or she is to blame for what has happened. It destroys the victim’s self-
esteem because the child hates him- or herself for allowing the abuse to happen.
A child may also suffer severe depression and live in fear and isolation.
Sexual abuse can make a child feel unwanted and ashamed. The child may run
away from home to escape the abuse. An abused child may also resort to bad
habits, such as substance abuse, drunkenness or prostitution. The abused child
may have difficulty forming relationships. In severe cases, the child may develop
personality disorders.
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CHILD CARE
Child care means the attention and support that is given to a child I order to promote his
or her growth and development. Every child is supposed to be loved, taken care of and
given both emotional and material support.
Children cannot take care of themselves. They depend on their parents and other adults to
provide for and meet all their needs, for example food, clothing and shelter.
Children not cared for mat suffer from malnutrition and die young. They may be forced
to drop out of school and work in order to earn a living to survive
The may become involved in illegal activities such as prostitution and crime which put
their health and safety at risk.
Children who are weal cared for are likely to be healthy, happy and self-confident;
develop high self-esteem and positive self-concept. They feel loved and wanted. They
can develop talents and use them to contribute positively to the society.
Although children are brought into the world by their parents, their life and presence is of
value to the whole society. Children are the future. The child today is the adult of
tomorrow. It is therefore important that their parents , other adults and the government
take care of them to ensure that they grow up to become good citizens and productive
members of society . Their survival ensures the continuity of the family, community,
nation and the human race.
When a child is well cared for, the personal bond between the child and the parents or
caregivers become strong. It builds trust and mutual respect. The child is likely to listen
to the advice of the parents or caregivers and obey family rules, because the child feels
loved and appreciated.
A parent or caregiver, who cares for a child well, takes a close interest in the child’s life.
The parent or caregiver will know what a child needs. Where the child is and who the
child is with. As a result, the child is likely not to be abused and protected from situations
that ma lead to abuse.
Children are not born knowing he difference between right and wrong, good and bad
behaviour. Adults have to teach them society s moral values to enable them to know the
importance of good behavoiur and interpersonal relationships. Children who are cared for
are guided by their parents and other caregivers on morally ways of behaving so that they
become responsible, self disciplined adults. This can contribute to having a morally
upright nation.
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THE EFFECTS OF CARING FOR ONE’S CHILDREN
Providing children with adequate nutritious food and proper medical care will ensure that
they are healthy and grow up to become adults. They should not suffer from malnutrition
or from unnecessary pain and illness. They should be provided with adequate medical
care and receive vaccinations against common child hood diseases such as measles,
diphtheria, polio and tuberculosis.
Taking good care one s children, helps ensure they are safe and secure. For example
requiring ones children to be home before sunset, means a parent can be sure that they are
safe.
Children who are well cared for don’t worry about their basic needs because these are
taken care of by their parents or guardians. Instead they can focus on their school work
and fulfilling their potential.
Children who are well cared for are likely to feel loved and valued as human beings.
Such feelings can help them to develop a positive self concept, high self esteem and self
confidence. They are likely to take care of their own children and become responsible
parents.
Providing children with their needs such as food, shelter and clothing,
can help prevent them from becoming street beggars or engaging in crime or prostitution
in order to obtain money to meet their basic needs. Children who are properly cared for
are likely to behave because they are guided, counselled and helped to understand the
difference between right and wrong by their parents. This can help to reduce youth
behavoiur problems such as juvenile delinquency and alcohol and drug abuse.
When parents take proper car of their children there is likely to be less dependence on
government social welfare programmes. Money which could be used for caring for
children through the welfare programmes can be used to provide other important services
in the country.
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CHILD ABANDONMENT
Child abandonment is the act of leaving ones child behind and never coming back for the
child. Parents who abandon their children do not provide any material support or care
what happens to their children. People who abandon their children leave them in different
places such as rubbish bins or in public places such as hospitals waiting rooms or ward or
with someone else, for example a man may abandon his baby with its mother. Some
people abandon their children with a grandparent, neighbour and even a stranger.
MIGRATION
Parents leave rural areas and go to urban areas in search of work. They leave their
children behind with a relative, usually the grandmother of he children. Some never come
back for their children or help take care of them.
BREAKUP OF FAMILIES
Problems in the family can result in parents in divorcing. The children are left with one
parent, while the other parent leaves. The parent who leaves may marry and not take care
of, or support the children he or she left behind.
UNWANTED PREGNANCY
The stress of unwanted pregnancy may lead a woman to abandon to her baby
immediately after birth, especially if the father of the baby has abandoned hr and the
baby.
POVERTY
Raising a child is financially demanding. Some parents may end up abandoning their
children because they are poor and do not have any means of caring for their children.
A child may be abandoned by the mother when the father of the child does not help
support the child, especially with material needs such as food and clothing. The mother
may not have the means to care for the child alone.
IRRESPONSIBLE PARENTING
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Some children are abandoned because their parents are irresponsible be and do not want
to accept their parental duty of caring for the child they have brought into the world.
They cannot be bothered to look after the child. Instead they prefer to use their money
and time enjoying themselves.
Some parents abandon their children because they are not aware that there are better ways
of giving up their children. For example, a child could be given:
Up for adoption
To an organization such as child line that can look after the child until the parents are
able to care for their child again.
To foster parents who can help look after the child
Parents who are addicted to illegal drugs and alcohol may abandon on their children
because they feel that taking care of their children is a burden and it interfere with
lifestyle of drugs and alcohol.
Some children have serious health problems or disabilities. Some parents may abandon
their children because they are unable to deal with the health problems and disabilities
that their children have. They may have resources to provide for the special needs of the
children.
Natural disasters such as floods and earthquakes often result in families becoming
homeless and no means of survival. In such situations some parents abandon their
children with the hope that those who find them, will be able to take care them them. For
example the earthquake that quake that occurred in January 2009, many parents
abandoned their children.
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THE MORAL IMPLICATIONS OF CHILD ABANDONMENT
Child abandonment violates the fundamental moral responsibility a parent has towards
his or her child. Parents bring children into this world. Their children depend on them for
love, protection and for their needs so that they become productive members and
societies. Parents therefore have a duty to take of them until they are old care of their
needs.
Being abandoned is not a choice children make. The situation they find they themselves
in is the result of the decisions and actions of their parents. This can cause emotional and
mental damage to the abandoned children.
Some children may later find out that they had been abandoned and be left with questions
about his or her identity. They may be traumatised by the desire to know why were
abandoned and who their biological parents are. This may result in the child being
unhappy all his or her life.
An abandoned child may grow up having doubts about his or her self-worth because they
may never know why they were abandoned. This may result in a child developing low
self-esteem and poor confidence. The child may as result find difficult to trust other
people.
Abandonments may put the life of the child in danger. A baby, who is abandoned in an
unsafe place such as the bush and rubbish bins, may die if no one finds it in time and
cares for it. Abandoning a child gives the impression that human life is worthless and
disposable which is not supposed to be the case.
Abandonment creates the risk of incest. A man or woman might have sexual relations
with someone who later turns out to be their abandoned child or sibling.
Abandoned children, especially babies and young children, usually become someone else
responsibility. For example, the relatives, the government or charity organizations have to
ensure that abandoned children are cared for.
Abandoned children may suffer emotional trauma from neglects and abuse. They may
also starve and suffer from malnutrition. Abandoned older children may be forced to fend
for themselves on the streets as beggars, prostitutes and thieves. They may end up
becoming drug addicts and alcoholics.
Abandoned children, who are not adopted by any one, remain unconnected to any family
and have no claim on the support or help any relative. Their sense of belonging is
destroyed and they may feel worthless.
People who abandon their children are often judged by society as being irresponsible,
cruel and inhuman because children are helpless and dependent on adults, especially their
parent’s, for care and survival.
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THE POSITION OF BOTSWANA LAWS WITH REGARD TO CHILD
ABANDONMENT
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