Transcript 4th Forum on the African Charter on the Rights and Welfare of the

Edmund Amarkwei Foley,
Legal Officer, Institute for Human Rights and Development in Africa
(IHRDA)
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Key characteristics of the ACRWC
Definition of the duty bearer and duties
Specific provisions affecting children without
appropriate care – content of standards
Measure of standards under the ACERWC –
State Reporting Guidelines
Tools for CSOs – shadow reporting,
communications, investigations
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Tailor-made to the needs of African children
(protection from harmful traditional
practices, refugee children, etc).
Encompasses all generations of rights (civil,
political, economic, social, cultural)
emphasising the indivisibility of rights.
Includes duties for children
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Art. 1 of ACRWC makes the State Parties
primary duty bearers to ensure children have
appropriate care.
The primary duty is to recognise the rights of
the child and then take legislative and other
measures to give effect to the provisions of the
ACRWC in accordance with national
constitutional processes and standards of the
ACRWC.
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Parents – art. 20 gives them the primary duty
of upbringing and development of the child.
Art 20 also requires State Parties to support
parents carry out this duty.
The ACRWC is however replete with other
instances where parents and guardians are
responsible for fulfilling child rights.
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Right to be identified (Art 6(4) – State should
ensure that children are not stateless
Right to education especially rights of
disadvantaged children (Art 11(3)(e) and
continuation of education for pregnant girls
(Art 11(6)
Right of effective access to education, and
training and protection of handicapped
children (Art 13)
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Right to health and health services (Art 14) –
State has a duty to pursue full
implementation
Protection of the child from economic
exploitation and hazardous work (Art 15). The
State also has a duty to ensure full
implementation.
Protection from child abuse and torture (Art
16)
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Right to due process (Art 17)
Protection of the family (Art 18)
Right to parental care and protection (Art 19)
Protection against harmful social and
cultural practices (Art 21)
Protection of children from and in armed
conflict (Art 22)
Protection of the rights of refugee and IDP
children (Art 23)
Special protection and assistance in the event of
separation from parents (Art 25)
 Protection from all forms of sexual exploitation
(Art 27)
 Protection from drug abuse (Art 28)
 Prevention of sale, trafficking and abduction,
particularly the use of children in begging (Art
21)
 Protection of children of imprisoned mothers
(Art 30)
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