International instruments. States parties to the 1990 African charter on the rights and welfare of the child

2001 ◽  
Vol 20 (1) ◽  
pp. 221-223
Keyword(s):  
Welfare Of The Child ◽  
African Charter ◽  
International Instruments

The International Evolution of the Right of Children to Social Security

2017 ◽  
Vol 30 (2) ◽  
pp. 484-503
Author(s):  
Gugulethu Nkosi
Keyword(s):  
Social Security ◽  
Economic Rights ◽  
Cultural Rights ◽  
Legal Documents ◽  
Welfare Of The Child ◽  
African Charter ◽  
The Right ◽  
Scarcity Of Resources ◽  
International Instruments ◽  
Social Security Beneficiaries

This article seeks to provide an analysis of the right of children to social security as provided for in the various international legal instruments, and as assimilated in other legal documents. Furthermore, it argues that scarcity of resources prevents children from enjoying socio-economic rights, including the right to social security adopted through international instruments and entrenched in domestic laws. The Convention on the Rights of a Child provides for the right to social security in the event of lack of resources to benefit the child. So does the International Covenant on Economic, Social and Cultural Rights and the African Charter on the Rights and Welfare of the Child. In all the said legal instruments, the clauses on social security do not explicitly prescribe the rights that ought to be promoted through it. However, since the jurisprudence on socio-economic rights= emphasises the view that socio-economic rights are interrelated, interdependent and indivisible, it can also be safely said that through social security, beneficiaries, that is children, should be able to enjoy access to other socio-economic rights in general. Therefore, the significance of the right to social security as a means to address poverty and facilitate the development of children is explored.

scholarly journals The Protection of Internally Displaced Children in Africa: A Doctrinal Analysis of Article 23(4) of the African Children's Charter

2021 ◽  
pp. 1-15
Author(s):  
Romola Adeola ◽  
Benyam D Mezmur
Keyword(s):  
Human Rights ◽  
Internal Displacement ◽  
Refugee Children ◽  
Internally Displaced ◽  
Welfare Of The Child ◽  
Displaced Children ◽  
African Charter

Abstract This article considers the protection of, and assistance for, internally displaced children (IDCs) in Africa. Internal displacement has become one of Africa's most pressing human rights challenges. Over the last decade, millions of persons have been internally displaced on the continent by conflict, disaster and other causes. Children are one of the most affected categories of persons, given the implications of displacement for them. Article 23(4) of the African Charter on the Rights and Welfare of the Child incorporates specific protection for IDCs. This article examines the protection of IDCs in the context of this regional framework. It argues that, while article 23(4) requires that both refugee children and IDCs should be accorded the same protection from a rights-based perspective, it also requires that the protection of IDCs should be construed with reference to the Kampala Convention, which is the most recent applicable regional regime governing internal displacement.

scholarly journals THE HISTORY OF THE LAW OF ADOPTION IN SOUTH AFRICA

Obiter ◽  
2014 ◽  
Author(s):  
Glynis van der Walt
Keyword(s):  
South Africa ◽  
Political Ideology ◽  
Family Care ◽  
Major Influence ◽  
Legal Concept ◽  
Welfare Of The Child ◽  
History Of ◽  
Private Context ◽  
The Right ◽  
International Instruments

The article traces the historical development of the legal concept of adoption from early civilization to present day South African law. The requirements and consequences of the practice of adoption changed with time, and with the waning of the popularity thereof, adoption as a legal concept was unknown in Roman-Dutch law – the common law of South Africa .During the early 1900‟s increasing numbers of informal “adoptions” taking place in South Africa led to the promulgation of the Adoption of Children Act 25 of 1923. Where conducive to the welfare of the child, adoption was permitted. However, the political ideology of the time in South Africa had a major influence on adoption as a legal institution, with the consequence that the considerations of the welfare of the child were superseded by the ideology of racial segregation. Post constitutional democracy led to the securing and protecting of basic human rights, not least of all within the private context of ”family”. Ratification of international instruments which made provision for adoption, together with the dawning of the constitutional era in South Africa saw the child as the bearer of his or her own rights. In terms of our Constitution, every child was guaranteed the right to family care or parental care or appropriate alternative care. The article focuses on the development and evolution of adoption to its present-day status.

AFRICAN CHARTER ON THE RIGHTS AND WELFARE OF THE CHILD

2004 ◽  
Vol 1 (1) ◽  
pp. 143-153
Author(s):  
Editors Human Rights Law in Africa
Keyword(s):  
Welfare Of The Child ◽  
African Charter
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