Academic literature on the topic 'African Charter on the Rights and the Welfare of the Child'

The purpose of this work is to appraise the mandate of the African Committee of Experts on the Rights and Welfare of the Child, seek out the loopholes and loose ends and propose positive and proactive ways in ensuring the fulfilment of the mandate of the Committee for an effective child rights promotion and protection in Africa.<br>Thesis (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2007.<br>Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Professor Tilahun Teshome, Faculty of Law, Addis Ababa University, Ethiopia.<br>http://www.chr.up.ac.za/<br>Centre for Human Rights<br>LLM

"The prevailing realities of 'severely depressed' African economies make it difficult for children to enjoy the socio-economic rights guaranteed under the Children's Charter. This study takes the view that the responsibility of parents and the obligations of the state towards children's socio-economic rights must be mutually supportive. It therefore proposes the need for balancing parental responsibility and state obligations in the struggle to ensure that the socio-economic rights of children across the continent are met, albeit, under difficult economic circumstances. ... The study is divided into five chapters. Chapter 1 has highlighted the structure of the entire discourse. Chapter 2 deals with the general perspectives of the socio-economic rights of children within the broad context of international human rights law. An overview of the normative and procedural framework of the Convention on the Rights of the Child is given. The chapter also examines the normative and procedural framework available for the protection of the child at the African regional level, the starting point of which is the African Charter on Human and Peoples' Rights and eventually narrowed down to the African Charter on the Rights and Welfare of the Child. Chapter 3 addresses the concept of parental responsibility. In particular, Africa's notion of parental responsibility is critically analyzed as a factor that makes a crucial difference to the interpretations of the underlying assumptions in the Children's Charter that the socio-economic rights of children could be met through the African communal and extended family network. Chapter 4 deals with states obligations in respect of the socio-economic rights of children. The South African jurisprudence on the rights of the child is also discussed in this chapter. The chapter also highlights the interplay between parental responsibility and state obligations in fulfilling the socio-economic rights of children. Chapter 5 consists of conclusions of the essay." -- Chapter 1.<br>Thesis (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2003.<br>http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html<br>Centre for Human Rights<br>LLM

"This paper is therefore inspired to look at education with respect to girl children in Africa. This paper, by drawing inspriation from other settings, is also motivated by the need to find solutions on how best the rights of the girl child can be protected in conjuction with the educational policy of African countries. ... The study is divided into six chapters. Chapter one provides the context in which the study is set, the objectives of the study and its importance. Chapter two examines the importance of the right to education and in education and takes note of the issue of discrimination with respect to girl child education in Africa. In chapter three various international treaties that concern provisions on education and the discrimination factor as to gender are identified. Also in the international milieu, the role of international bodies in the effective and efficient insurance of girl child education is included. Chapter four examines on a regional level, the extent to which the African Commission has effectively monitored the provision of the African Chater. The African Children's Charter and the Draft Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women (the Draft Women's Protocol) in Africa are also discussed in relation to provisions in the African Charter and work done on girl child education by the African Commission. In this chapter, a comparative study is also done of instruments and the implementation mechanisms offered by the Inter-American and European systems to the African human rights system in terms of the girl child education. This is so because in terms of experience, jurisprudence and institutions, these systems are considered to be more advanced than the African human rights sytem. Finally chapter five discusses girl child education on a national level in Africa. This chapter focuses on the experiences of South Africa, Egypt and Cameroon. Educational policy and other national legislative instruments such as the constitutions of these countries are included. In the conclusion, the paper puts forward recommendations to assist new and old African democracies in advancing an administrative and political approach to the issue of discrimination with respect to girl child education." -- Chapter 1.<br>Prepared under the supervision of Dr. Enid Hill at the Department of Political Sciences, School of Humanities and Social Sciences, The American University in Cairo, Egypt<br>http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html<br>Centre for Human Rights<br>LLM

"Despite the adoption and wide ratification of the CRC and ACRWC, the miseries identified and intended to be dealt with by the two instruments are still rampant in many parts of the globe. Tanzania, as will be clearly shown in chapter three of this study, is not an exception in this regard. ... Tanzania has ratified both the CRC and ACRWC without reservations. In relation to international law, Tanzania follows a dualist approach. Despite the fact that Tanzania has ratified the two instruments to date, it does not have a specific comprehensive law on children's rights. That notwithstanding, various laws have been enacted, other amended and several programs put in place to protect children from exploitation, and safeguarding their interests. However, these measures have not yielded any feasible results since their adoption. There are still cases of discrimination in respect of girls, children born out of wedlock, non-fulfilment of the principle of best intersts of the child, socio-economic difficulties threatening children's right to life, survival and development of the child; police brutality against street children, the increasing number of children deprived of a family environment, especially AIDS orphans, and an increase in the incidence of child prostitution, early marriages, and various cultural practices which are harmful to children. This study necessitates investigation of the mechanisms which could be adopted, to assist in the successful implementation of children's rights in Tanzania. ... This study, therefore, draws inspirations from the laws and practices on children's rights in Ghana and South Africa and explores the most effective mode of implementation that can ensure the translation of the noble intentions in the two instruments into genuine effective tools for enhancing the well-being of the children in Tanzania." -- Introduction.<br>Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2006.<br>Prepared under the supervision of Ms. Christine Dowuona-Hammond at the Faculty of Law, University of Ghana, Legon<br>http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html<br>Centre for Human Rights<br>LLM

The main objective of this study is to investigate the practical treatment of Unaccompanied Minor Refugees (UMR) in Ghana and South Africa, and to explore whether such treatment is in accordance with existing international norms and standards for the protection of refugee children. The study will focus on the realisation of children’s socio-economic rights in order to measure treatment. This study also seeks to address the obstacles which prevent the full and proper treatment of UMR, and to make recommendations as to how the international community can better regulate the treatment of UMR. In essence, this paper aims to investigate whether there is a discrepancy between the rights of child refugees acknowledged in international law and the situation of UMR in practice, and, if so, how this can be remedied. This paper seeks to show, through the case studies of Ghana and South Africa, that UMR are, to a certain extent, lost in the system<br>A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Mr E.Y. Benneh of the Faculty of Law, University of Ghana, Legon<br>http://www.chr.up.ac.za/<br>Centre for Human Rights<br>LLM

"It is the responsibility of every government to protect the fundamental rights and freedoms of its citizenry and to ensure that the rule of law and justice prevails at all times. Hovewer, children accused of committing crimes are more susceptible to human rights abuses and violations of their legal rights while in detention, either in police cells, prisons or authorised detention centres. They mostly suffer from both the agents of the state as well as from inmates. These violations often take place [behind] closed doors, and society being primarily concerned with keeping offenders locked up rather than about their conditions and human rights being respected, the cries of these children to be treated with dignity and worth go unnoticed despite the constitutional and international guarantee of their rights. The problem therefore is first to examine what rights do children in trouble with the law have under international law in general and specifically within the African human rights sytem with special emphasiis on the rights of children deprived of their liberty. Secondly, to examine how these international instruments are given effect domestically and whether there are challenges encountered in realising these rights. These are the main issues that this research intends to grapple with using South Africa and the Gambia as case studies with a view to making recommendations for better protection of the rights of this category of children. ... This research consist of four chapters. The first chapter is the introduction. It will give the basis and structure of the research which will include a general overview of the problem in the two countries under study. In the second chapter, it will explore the relevant international and African normative framework that protects the rights of children in trouble with the law and the obligations of states towards these children. However, the main focus will be the Convention on the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child (ACRWC), because they are the two main human rights instruments providing specific protection for children's rights in all spheres. The third chapter will be a comparative analysis of the rights of children deprived of their liberty as provided in the municipal laws of South African and the Gambia vis a vis the minimum standards set [out] in the CRC and ACRWC. It will discuss the following issues, namely: defintion of a child, age of criminal responsibility, the best interest, detention as a last resort and for the shortest possible time, separation from adult detainees, role of parents, establishment of separate criminal procedures, right to legal respresentation and assistance, and sentencing options. It will also examine the problems and challenges for implementation. The fourth chapter will conclude and make recommendations on how best to implement the laws and who should be the role players in ensuring that the rights of these children are well protected." -- Introduction.<br>Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005.<br>Prepared under the supervision of Professor Gilles Cistac at the Faculty of Law, Universidade Eduardo Mondlane, Maputo, Mocambique<br>http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html<br>Centre for Human Rights<br>LLM

Section 28(2) of the South African Constitution determines that every child has the right to have their best interests considered of paramount importance in all matters concerning them. Section 9 further provides that every person is considered equal before the law and has the right to equal protection and benefit of the law. Several grounds are listed relating to the unfair discrimination of persons, including their sexual orientation. The concept of care is incorporated in the Children's Act, and it entails a comprehensive description of parents' daily life regarding their children and the powers and duties expected to ensure the general protection, well–being and best interests of the child. The study aims to research the legal position when the sexual orientation of a parent is a considering factor in the granting of care, and the extent of which courts can give consideration to that factor. I commence by examining relevant national legislation relating to the concept of care and the best interests of the child standard in the Children's Act to establish how the sexual orientation of a parent is interpreted by courts in the granting of care. I then proceed to examine relevant international and regional documents to determine the relevant rights relating to the interests of children in the granting of care to a parent in divorce proceedings. I then proceed to analyse landmark cases to establish ways in which the approach of the courts regarding homosexuality have changed since the beginning of the new political dispensation in 1994. Finally a conclusion will be reached on the nature and scope of the consideration of a parent's sexual orientation in the granting of care in the South African context.<br>Thesis (LL.M. (Comparative Child Law))--North-West University, Potchefstroom Campus, 2012.

<p>It is an unfortunate and cruel reality that both government and armed groups used child soldiers during armed conflict. Child soldiers have become an integral part of government forces as well as insurgent groups in Africa and elsewhere. Most of them are being exploited as combatants, while others perform functions, such as porters, spies who are able to enter small spaces, cooks, messengers, lookouts, and even suicide bombers. Some of the most disturbing aspects of child soldiering are that some of them are being forced to kill or are themselves killed, sexually abused and are exposed to drugs. The use of child soldiers in conflicts is not a recent phenomenon and has indeed become a common practice that characterises modern conflicts. Recruitment is usually carried out forcefully or voluntarily by both government and rebel forces. The difference between these two types of recruitment is not always clear since their decision to join is always influenced by external factors. Examples of such reasons for voluntary recruitment include the desire to revenge, adventure, peer pressure, and need for belonging and survival. Concerning the reason for survival, some argue that, the children do not actually choose freely to become combatants, but are rather forced by circumstances. There are numerous reasons for the continuous targeting of children by armed forces and armed groups. These include shortage of combatants, the fact that children are easy to train physically and psychologically, and also that children are obedient and are readily available. The recruited children are compelled to take part in brutal induction ceremonies, where they are threatened and forced to kill or witness the killing of someone they know.</p>