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 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.

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.

Citizenship and Rights of Children

2020 ◽  
pp. 221-236
Author(s):  
David B. Thronson
Keyword(s):  
Human Rights ◽  
Daily Life ◽  
Critical Role ◽  
Forced Migration ◽  
Children's Rights ◽  
Children’S Rights ◽  
Central Factor ◽  
Family Unity

Citizenship plays a larger and more critical role in the life of children than it should. Children who lack citizenship are incredibly vulnerable to exploitation. In the migration context, a child’s citizenship can be largely determinative of where and with whom a child lives. Despite a modern children’s rights framework that recognizes the humanity and autonomy of children, citizenship and nationality still form an integral part of a child’s identity and play a critical role in a child’s development. It has a pervasive impact in securing other rights for children and can be a central factor in a child’s cultural and linguistic background, education, economic and environment exposures, and virtually all aspects of a child’s daily life. This chapter examines children’s right to citizenship and explores the ongoing crisis of statelessness that undermines these rights. It reviews the role that citizenship plays in both voluntary and forced migration of children, child-specific protections found in both universal and regional human rights frameworks, and the role of children’s citizenship in promoting family unity.

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

Rights

2017 ◽  
Author(s):  
John Eekelaar
Keyword(s):  
Human Rights ◽  
Weak Sense ◽  
Children's Rights ◽  
Children’S Rights ◽  
Personal Law

This chapter examines the concept of rights, which it proposes are best seen as a complex amalgam comprising a claim of entitlement to an end-state necessary to protect an interest which has sufficient weight to activate action to achieve it. A distinction is drawn between a strong and weak sense of rights. Examples are given of how rights claims have been used through political and judicial processes to limit or redistribute power. Particular attention is given to the nature of human rights and children’s rights, and their place in personal law. The role of judicially protected rights within democracies is defended.

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