The African Charter On The Rights And Welfare Of The Child

The African Charter on the Rights and Welfare of the Child: A socio-legal perspectiveby Thoko Kaime2009ISBN: 978-0-9814420-4-4Pages: xii 247Print version: AvailableElectronic version: Free PDF available.

The Convention on the Rights of the Child (CRC), which was adopted unanimously by the United Nations General Assembly in 1989, marked a turning point in the perception of children in international law and policy. Although it was hoped that the Convention would have a significant and positive impact on the lives of all children, this has not happened in many parts of the world. This edited volume, based on empirical research and Non-Governmental Organisation project data, explores the progress of the Convention on the Rights of the Child, and to a lesser extent, the African Charter on the Rights and Welfare of the Child, in nine African countries in the 25 years since it was adopted by the UN General Assembly. The book considers the implementation of the Convention both in terms of policy and practice, and its impact on the lived experiences of children in societies across the continent, focusing on specific themes such as HIV/AIDS, education and disability, child labour, witchcraft stigmatisation, street children, parent-child relationships and child participation. The book breaks new ground in blending legal and social perspectives of the experiences of children, and identifies concrete ways forward for the better implementation of the CRC treaty in the various political contexts that exist in Africa.

The 1989 International Convention on the Rights of the Child (CRC) and the 1990 African Charter on the Rights and Welfare of the Child (ACRWC) are two major international treaties protecting minors. Each treaty gives rise to new perspectives on children’s rights, and enshrine the principles of the best interests of the child and of children’s ownership of rights. The ACRWC incorporates the CRC’s rights while taking into consideration the specificity of the African context, striving to balance the rule of law with local customs. This book seeks to illustrate the rights and duties enshrined in the ACRWC, as well as the responsibilities established therein regarding the protection of minors. The role of the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) will also be examined, in particular its activity of monitoring the States Parties’ implementation of the ACRWC and its institutional powers in exercising its powers. Finally, the book will analyse the progress made by the States Parties to the treaties. The focus will be both on the formal aspect of harmonizing national legal systems and the international rights, and on the substantive “steps required” of States Parties to reach the “opinion of law or necessity” that the ACRWC’s provisions should be perceived, first and foremost, as necessary and socially useful, as well as legally binding.

Master's Thesis from the year 2017 in the subject Law - European and International Law, Intellectual Properties, grade: A, University of Pretoria (Centre for Human Rights), course: LLM Human Rights and Democratisation in Africa, language: English, abstract: The African Union (AU) has put in place a robust and comprehensive framework for the promotion and protection of Children’s rights in Africa. This was achieved in 1990 with the adoption of the African Charter on the Rights and Welfare of the Child (African Children’s Charter). The African human rights system is the only regional system that has a child rights instrument. The African Children’s Charter addresses issues that are specific to the African child. The African Children’s Charter entered into force on 29 November 1999. As at the time of conducting this study, the African Children’s Charter had been ratified by 48 African states, whiles even others are yet to ratify same. The African states that are yet to ratify the Charter are: Democratic Republic of Congo, Kingdom of Morocco, Sahrawi Arab Democratic Republic, Republic of Somalia, Republic of São Tomé and Príncipe, Republic of South Sudan, and Republic of Tunisia.

In 2020, the African Charter on the Rights and Welfare of the Child (ACRWC) celebrates 30 years since its adoption. To date, 50 African States have ratified the ACRWC, and 28 have submitted the initial report, 12 have submitted both initial and periodic reports to the African Committee of Experts on the African Charter on the Rights and Welfare of the Child (ACERWC) on the implementation of the ACRWC and have received recommendations from the ACERWC. To ascertain the extent of children’s rights protection in Africa, the Centre for Human Rights was commissioned to undertake a study on the implementation of the ACRWC in 10 countries, namely: Algeria, Burkina Faso, Burundi, Cameroon, Ethiopia, Ghana, Mozambique, Namibia, Sudan and Tanzania. In-country researchers were engaged to collect data using desk-based research to obtain information consisting of literature, documents and online sources that was then thematically analysed.