Learning Under Uncertainty: Right to Basic Education for Orphaned and Vulnerable Children in Conflict Situations in Kenya
Learning Under Uncertainty: Right to Basic Education for Orphaned and Vulnerable Children in Conflict Situations in Kenya

Summary/Abstract: Whenever we are faced with the dilemma of certain fundamental correlated human contributory facets such as justice, rights, needs, inter alia, it befits one to allude to the perennial concern of their substratum. Human rights are underpinned on the precept of the sanctity of human life. At this juncture, we note that a person is a juridical being, thus, s/he cannot afford to lose the expected human dignity no matter the situation at hand. Devoid of human life, there can never arise any iota of the question of rights. Human life becomes a conditio sine qua non for the other fraternity of rights. In the order of rights, human life enjoys a prominence stature BUT right to education is a way opener for realization of all the other rights. The exposition at hand interrogates the inkling of the right to education as a constituent of the universe of human rights. Human beings regardless of their accidental status, they ought to be accorded the dignity that they deserve ab initio. The orphaned too have a right to quality basic education just like their counter-part children whose parents are alive. Learning under uncertainty coupled with the misfortune of losing one’s parent(s) occasions the orphaned children to encounter a double tragedy, further posing an oblique future to them. It is incumbent upon the State as well as other relevant government institutions to ensure that our life accidentals do not define us. The rule of law calls for equality before the law which raises moral questions appertaining to justice. The nagging question is where as well as why the existence of the mismatch between the theory and practice, yet the laws on delivery of the right to education are sufficient? To unravel this inescapable noticeable dilemma, this paper shall employ a critical approach in both the interpretation along with reviewing of the available relevant literature. Findings and recommendations will be given.

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