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Ten years after the coming into force of the African Charter on the Rights and Welfare of the Child, this volume presents an analysis of its progress so far. Looking both backward and forward it provides a reflection on successes and achievements of the past, as well as setting an agenda for the future.
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.
This book critically examines models of domestic, regional and international judicial protection of economic, cultural and social rights in Africa.
The African Charter on Human and Peoples' Rights (ACHPR) is the principle regional human rights treaty for the African continent. Adopted in 1981, there is now a significant body of jurisprudence and interpretation by its African Commission on Human and Peoples' Rights and the recently established African Court. This volume provides a comprehensive article-by-article legal analysis of the provisions of the Charter as it draws upon the documents adopted by the African Commission, including resolutions, case law, and concluding observations. Where relevant, case law adopted by the African Court on Human and Peoples' Rights, and that of other sub-regional courts and tribunals and domestic courts in Africa, are also incorporated. The book examines not only the substantive rights in the African Charter but also the work of the African Commission on Human and Peoples' Rights and provides a full examination of its mandate. A critical analysis of each of the provisions of the ACHPR is led principally by the jurisprudence and documentation of the African Commission and African Court. The text also identifies the overall development of the ACHPR within the broader regional and international human rights legal arena.
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.
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 African human rights system has undergone some remarkable developments since the adoption of the African Charter on Human and Peoples Rights, the cornerstone of the African human rights system, in June 1981. The year2011 marked the 30th anniversary of the adoption of the African Charter. It also marked 25 years since the African Charter entered into force on 21 October 1986.This book aims to provide reflections on most of the major human rights issues in the past 30 years of the African human rights system in practice and discussion on the future: the African Charter s impact and contribution to the respect, protection and promotion of human rights in Africa; the contemporary challenges faced by the African Human rights system in responding adequately to the demands of rapidly evolving African societies; and how the African human rights system can be strengthened in the future to ensure that the human rights protected in the African Charter, as developed in the jurisprudence of the African Commission since the Commission was inaugurated in 1987, are realised in practice.The chapters in this volume bring together the work of 20 human rights scholars and practitioners, with expertise in human rights in Africa, under the following general themes: rights and duties in the African Charter; rights of the vulnerable under the African system; implementation mechanisms for human rights in Africa; and towards an effective African regional human rights system.
The African Charter of Human and Peoples' Rights came into force in 1986, and is unique in that it lacks a precedent. However, little scholarship exists analysing it as an operational system in practice. The success of the first edition of this book led to this updated second edition. Contributors include experts who have been actively involved in the implementation of the Charter - commissioners, NGOs and academics. Offering a detailed evaluation of the Charter as a mechanism for the promotion and protection of human rights in Africa, the contributions cover the Charter's reporting system, the interpretation of different rights by the Commission, the prospects for the African Court on Human and Peoples' Rights and the role of NGOs. This authoritative and comprehensive volume will interest lawyers acting for government and non-governmental organisations, as well as academics and postgraduates.
The United Nations 1989 Convention on the Rights of the Child (CRC) constitutes a landmark in the development of international human rights law and reflects an historic turn in universal thinking about children and their rights. Many children in Africa today face the future with a deep sense of uncertainty and foreboding. Many have no hope of education and the issues of child trafficking, sexual exploitation and child labour reflect a profound crisis of the family. The current socio-economic situation has radically changed the world views and the life expectations of the African child. This book attempts to respond to some of the questions that could be asked: to what extent have the provisions of the CRC been implemented in the national legislations of African States? What effect have they had on children in Africa? What mechanisms exist to prevent and sanction rights abusers? Are children's rights in Africa reality, or simply rhetoric?
Taking a rights-based approach, this comprehensive study develops a conceptual framework and a definitive set of holistic indicators for monitoring the well-being of children in South Africa. Taking cues from the child-rights focus of the South African constitution, it is made clear that it is not just the state of the children that is important to measure, but also the contexts within which the children grow and develop. Providing practical tools for policy makers to assess the effectiveness of child-based policies and interventions, this practical work addresses a wide range of domains--child poverty, HIV and AIDS, education, mental health and disability, abuse and neglect, the justice system, and children affected by the worst forms of labor.