Update on the First Regional Children's Rights Treaty: The African Charter on the Rights and Welfare of the Child

1995 ◽  
Vol 3 (3-4) ◽  
pp. 462
Author(s):  
Sharon Detrick
Keyword(s):  
Children's Rights ◽  
Children’S Rights ◽  
Welfare Of The Child ◽  
African Charter

scholarly journals The Foundations of Rights in the African Charter on the Rights and Welfare of the Child: A Historical and Philosophical Account

2009 ◽  
Vol 3 (1) ◽  
pp. 120-136 ◽  
Author(s):  
Thoko Kaime
Keyword(s):  
Human Rights ◽  
International Law ◽  
Children's Rights ◽  
Children’S Rights ◽  
Specific Reference ◽  
Philosophical Account ◽  
Welfare Of The Child ◽  
African Context ◽  
African Charter ◽  
Special Category

AbstractThis article examines the cultural-based critiques of the international human rights paradigm generally and children's rights in particular, with specific reference to Africa. In this regard, the paper attempts to identify gaps in the analyses of the African Charter on the Rights and Welfare of the Child. Towards that end, the paper proceeds in three parts. In the first section, it situates the discussion within the general framework of children's rights at international law. In the next section, it turns to an examination of the culture-based critiques of the idea of universal rights. Finally, in the fourth and fifth sections, it analyses the documents and literature that focus on the rights and welfare of the child. In the concluding section, the author raises several important questions regarding the propriety of this special category of human rights in the African context.

scholarly journals The African Children's Charter and ending corporal punishment of children in Africa: A work in progress

2021 ◽  
Vol 21 (1) ◽  
Author(s):  
Sonia Vohito
Keyword(s):  
Human Rights ◽  
Corporal Punishment ◽  
Children's Rights ◽  
Children’S Rights ◽  
Violence Against Children ◽  
Thirtieth Anniversary ◽  
Welfare Of The Child ◽  
African Charter ◽  
Legal Barriers

SUMMARY Corporal punishment is the most common form of violence against children worldwide, including in Africa. Corporal punishment violates children's rights to respect for their human dignity and physical integrity. The African Charter on the Rights and Welfare of the Child provides for every child's right to be protected from violence and ill-treatment. The African Committee of Experts on the Rights and Welfare of the Child and other human rights bodies consistently examine states on their progress towards prohibiting and eliminating corporal punishment. In the context of the thirtieth anniversary of the African Children's Charter, this article aims to examine the progress made towards the prohibition and elimination of corporal punishment of children in all settings, in Africa. It highlights the challenges and shortcomings in implementing this campaign in Africa. The role of the African Children's Committee in promoting and protecting the human rights imperative to prohibit corporal punishment of children is also examined, especially as regards the legal barriers to end the corporal punishment of children in Africa. Key words: African Children's Charter; children's rights; corporal punishment; Agenda 2040

Recent Advances in Children’s Rights in the African Human Rights System

2016 ◽  
Vol 15 (2) ◽  
pp. 385-395 ◽  
Author(s):  
Michael Gyan Nyarko ◽  
Henrietta Markfre Ekefre
Keyword(s):  
Human Rights ◽  
Children's Rights ◽  
Case Note ◽  
Children’S Rights ◽  
Recent Advances ◽  
Welfare Of The Child ◽  
Recent Developments ◽  
African Charter ◽  
The Individual

This case note reviews recent developments in the protection of children’s rights in Africa through the individual communications mandate of the African Committee of Experts on the Rights and Welfare of the Child (the Committee). It examines the recent decision of the Committee concerning the Talibés of Senegal. It argues that whilst the Committee took a commendable progressive approach in the interpretation of the African Charter on the Rights and Welfare of the Child, its decision lacked a gender sensitive approach which it must address in future communications.

scholarly journals Child protection, safeguarding and the role of the African Charter on the Rights and Welfare of the Child: Looking back and looking ahead

2020 ◽  
Vol 20 (2) ◽  
Author(s):  
Afrooz Kaviani Johnson ◽  
Julia Sloth-Nielsen
Keyword(s):  
Child Protection ◽  
Children's Rights ◽  
Children’S Rights ◽  
State Party ◽  
Future Directions ◽  
Welfare Of The Child ◽  
Gradual Development ◽  
African Charter ◽  
Looking Back

With 30 years since the adoption of the African Charter on the Rights and Welfare of the Child, this article discusses how the Charter has contributed to understanding and addressing children's rights to protection. Looking back, the article examines the impetus for the Charter in the context of an emerging field of child protection on the continent. Next, the article charts the paradigm shift in the child protection sector that occurred after the adoption of the Charter and the gradual development of African jurisprudence on child protection and safeguarding. This analysis is based on a comprehensive review of Concluding Observations and Recommendations by the African Committee of Experts on the Rights and Welfare of the Child and relevant documents, including General Comment 5 on State Party Obligations under the African Charter on the Rights and Welfare of the Child (article 1) and Systems Strengthening for Child Protection. Looking ahead, the article posits future directions for child protection and safeguarding, including addressing new risks and harms enabled by digital technology. In conclusion, the article underscores the importance of the Children's Committee in articulating African perspectives and catalysing state party action to realise children's rights to protection in accordance with the Charter. Through the state party reporting process and with reference to General Comment 5 and forthcoming guidance, the Committee can continue meaningful dialogue with state parties to address persistent and new challenges to child protection taking a systemic approach.

A Critical Analysis of the Kampala Convention from a Children’s Rights Perspective

2020 ◽  
Author(s):  
Charissa E Fawole
Keyword(s):  
Children's Rights ◽  
Legal Framework ◽  
Children’S Rights ◽  
Internal Displacement ◽  
Internally Displaced Persons ◽  
African Union ◽  
Internally Displaced ◽  
Rights Of The Child ◽  
Displaced Children ◽  
African Charter

Abstract A notable proportion of the persons living in situations of internal displacement in Africa are children. Despite the near-universal ratification of the Convention on the Rights of the Child and the wide ratification of the African Charter on the Rights and Welfare of the Child among States in Africa, it is not clear the extent to which the ratification of these treaties has influenced the region’s legal framework for the protection and assistance of internally displaced children. This contribution addresses this issue through its analysis of the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa from a children’s rights perspective. While the Convention does incorporate some principles of a children’s rights perspective, the analysis reveals that there are some inadequacies regarding the Convention’s overall incorporation of a children’s rights perspective. Based on the analysis, this contribution provides recommendations to use a children’s rights perspective to implement the Convention.

scholarly journals Advisory Opinion on the Request by the Pan African Lawyers Union Regarding the Compatibility of Vagrancy Laws with the African Charter of Human and Peoples' Rights and Other Human Rights Instruments Applicable in Africa (Afr. Ct. H.P.R.)

2021 ◽  
pp. 1-27
Author(s):  
Ndanga Kamau
Keyword(s):  
Social Issue ◽  
Human Rights ◽  
Women's Rights ◽  
Children's Rights ◽  
Women’S Rights ◽  
Advisory Opinion ◽  
African Continent ◽  
Pan African ◽  
Welfare Of The Child ◽  
African Charter

On December 4, 2020, the African Court on Human and Peoples' Rights (the Court) issued an advisory opinion on the compatibility of vagrancy laws with the African Charter on Human and Peoples' Rights (African Charter), the African Charter on the Rights and Welfare of the Child (Children's Rights Charter), and the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (Protocol on Women's Rights). In this landmark advisory opinion, the Court considered an important social issue on the African continent.

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