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.

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

scholarly journals KEDUDUKAN DAN FUNGSI KOMISI PERLINDUNGAN ANAK INDONESIA DALAM MELINDUNGI HAK-HAK ANAK

2019 ◽  
Vol 2 (2) ◽  
Author(s):  
Apri Rotin Djusfi
Keyword(s):  
Human Rights ◽  
Child Protection ◽  
Birth Certificate ◽  
Children's Rights ◽  
Children’S Rights ◽  
Presidential Decree ◽  
The Law ◽  
Protection Commission

Indonesian Child Protection Commission is an independent agency, established under the provisions of the Law on Child Protection. Was formed on June 21, 2004, this agency is mandated by Presidential Decree No. 77 of 2003 and Article 74 paragraph (1) and (2) of Law 35 of 2014 on the Amendment of Act No. 23 of 2002 on Child Protection. The problem that is revealed in this research is how the protection of children is in conformity with the principles of human rights, is child protection in Indonesia is in conformity with the 1945 Constitution and the laws protecting children and how the role of the Indonesian Child Protection Commission in protecting the rights of children. The principles of human rights that protects the protection of children one of which is the birth certificate. Indonesian Child Protection Commission’s role in protecting the rights of children is as a protection and supervisor of Law 35 of 2014 on the Amendment of Act No. 23 of 2002 in the Child Protection.Keywords : Children Right Protection Law,  KPAI, Children's rights

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 Pandemi dan Pemenuhan Hak Anak: Studi Kasus Peran Unicef di Yaman pada Masa COVID-19

2021 ◽  
Vol 8 (2) ◽  
pp. 189-204
Author(s):  
Erzalina Widya Kusuma ◽  
Djatmiko Djatmiko ◽  
Resa Rasyidah
Keyword(s):  
Child Protection ◽  
World Economy ◽  
Humanitarian Aid ◽  
Children's Rights ◽  
Study Data ◽  
Humanitarian Assistance ◽  
Children’S Rights ◽  
Internal Conflict ◽  
Educational Facilities

Covid-19 outbreak that was discovered in China in December 2019 has crippled the world economy and caused the delivery of humanitarian aid to Yemen to be hampered. In addition, there are still wars that cause damage to health facilities. The war, the Covid-19 pandemic, and Cholera disease are adding to the devastating effects on growing children in Yemen. UNICEF, as an IGO that focuses on children, reports that in 2020 there were approximately 34 cases of child abuse and attacks on educational facilities involving children. This research describes the role of UNICEF in Yemen from 2019 to 2020 in fulfilling children’s rights due to 3 disasters, namely Covid-19, internal conflict, and cholera that occurred in the country. This research looks at the role of international organizations as aid providers which is manifested in the form of Humanitarian Assistance. As a descriptive study, data for this research is collected from 2019 to 2020, including reports from The UNICEF, the WHO website, the UN website, and various verified mass media. UNICEF's role in the form of Humanitarian Assistance in Yemen is manifested in 5 programs: education, child protection, nutrition, health and sanitation. Keywords: UNICEF, Yemen, Humanitarian Assistance, Covid-19 Pandemic, Children’s Rights.

CHILDREN'S RIGHTS BEFORE THE LAW: A ROLE OF LOCAL GOVERNMENT IN THE CHILD PROTECTION SYSTEM

Al-Bayyinah ◽  
2020 ◽  
Vol 4 (2) ◽  
pp. 243-260
Author(s):  
Hatija Asiri ◽  
Andi Sugirman
Keyword(s):  
Child Protection ◽  
Local Governments ◽  
Legal Protection ◽  
Children's Rights ◽  
The State ◽  
Protection System ◽  
Children’S Rights ◽  
The Law ◽  
The Government

Protection of children's rights before the law has been regulated in Law No. 11 of 2012 concerning the child protection system and is specifically followed up in the Local Regulation of Bone Regency No. 1 of 2014. Children's inability in legal matters makes the State provide protection to children in conflict with the law. Legal protection for children is the obligation of the State as a mandate of the 1945 Constitution. The problem that arises is that cases of children dealing with the law continue to increase, so it is important to see the form of the role of the government in giving rights to children in conflict with the law. This research is a normative empirical study with a normative juridical legal research approach. Analyzing legal theories and statutory regulations, comparison of laws (comparison approach). The findings of this study indicate that children who are in conflict with the law, the government has provided diversion protection, namely protection at the level of the judicial process, investigation and prosecution. The position of diversion is given by the government to children as victims, perpetrators and witnesses in criminal acts. Local governments in providing productive protection for children in trouble by providing educational and economic assistance. The implication of this finding shows that children are the generation of the nation who deserve protection from the State, even though these children are in conflict with the law. 

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