7. African Charter on Human and Peoples’; Rights; African Charter on the Rights and Welfare of the Child

Author(s):  
Iain Byrne
2021 ◽  
pp. 1-15
Author(s):  
Romola Adeola ◽  
Benyam D Mezmur

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.


2004 ◽  
Vol 1 (1) ◽  
pp. 143-153
Author(s):  
Editors Human Rights Law in Africa

Author(s):  
Emmanuel Kopang Botlhale

Children are a vulnerable group, hence, they need special protection. This is provided through ratifying children-protecting instruments; e.g., Convention on the Rights of the Child (CRC) and African Charter on the Rights and Welfare of the Child (ACRWC). Botswana acceded to the CRC and ACRWC in 1995 and 2001 respectively. Beyond ratification and domestication of these instruments, rights must be asserted through justiciability mechanisms, or else, they remain paper rights. Amongst others, justiciability is effected through state reports. Using a mixed methods approach, this study investigated the question; ‘is Botswana complying with her reporting obligations?’ It concluded that she was in breach and, thus, fails to respect, protect and fulfil children’s economic, social and cultural rights. This position contradicts claims that Botswana is children-friendly as stated by publications such as The African Report on Child Wellbeing. However, Botswana can redeem herself by reporting on what she is doing for children.


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