African Charter on the Rights and Welfare of the Child
| Articles | Designation | Number of Cases | Details |
|---|---|---|---|
| Article 1 |
Obligations of state parties
1. The Member States of the Organization of African Unity Parties to the present Charter shall recognize the rights, freedoms and duties enshrines in this…
|
2 | cases |
| Article 2 |
Definition of a child
For the purposes of this Charter, a child means every human being below the age of 18 years.
|
1 | cases |
| Article 3 |
Non-discrimination
Every child shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in this Charter irrespective of the child’s or his/her…
|
2 | cases |
| Article 4 |
Best interests of the child
1. In all actions concerning the child undertaken by any person or authority the best interests of the child shall be the primary consideration. 2. In all…
|
3 | cases |
| Article 5 |
Survival and development
1. Every child has an inherent right to life. This right shall be protected by law. 2. States Parties to the present Charter shall ensure, to the maximum extent…
|
1 | cases |
| Article 6 |
Name and nationality
1. Every child shall have the right from his birth to a name. 2. Every child shall be registered immediately after birth. 3. Every child has the right to…
|
0 | cases |
| Article 7 |
Freedom of expression
Every child who is capable of communicating his or her own views shall be assured the rights to express his opinions freely in all matters and to disseminate…
|
0 | cases |
| Article 8 |
Freedom of association
Every child shall have the right to free association and freedom of peaceful assembly in conformity with the law.
|
0 | cases |
| Article 9 |
Freedom of thought, freedom of conscience, freedom of religion
1. Every child shall have the right to freedom of thought, conscience and religion. 2. Parents, and where applicable, legal guardians shall have a duty to…
|
0 | cases |
| Article 10 |
Protection of privacy
No child shall be subject to arbitrary or unlawful interference with his privacy, family, home or correspondence, or to the attacks upon his honour or…
|
0 | cases |
| Article 11 |
Education
1. Every child shall have the right to education. 2. The education of the child shall be directed to: (a) the promotion and development of the child’s…
|
3 | cases |
| Article 12 |
Leisure, recreation and cultural activities
1. States Parties recognize the right of the child to rest and leisure, to engage in play and recreational activities appropriate to the age of the child and to…
|
0 | cases |
| Article 13 |
Children with disabilities
1. Every child who is mentally or physically disabled shall have the right to special measures of protection in keeping with his physical and moral needs and…
|
0 | cases |
| Article 14 |
Health and health services
1. This Article shall apply to the offences established by the State Parties in accordance with this Convention. 2. Offences falling within the jurisdiction…
|
2 | cases |
| Article 15 |
Child labour
1. Every child shall be protected from all forms of economic exploitation and from performing any work that is likely to be hazardous or to interfere with the…
|
0 | cases |
| Article 16 |
Protection against child abuse and torture
1. States Parties to the present Charter shall take specific legislative, administrative, social and educational measures to protect the child from all forms of…
|
1 | cases |
| Article 17 |
Administration of juvenile justice
1. Every child accused or found guilty of having infringed penal law shall have the right to special treatment in a manner consistent will the child’s sense…
|
1 | cases |
| Article 18 |
Protection of the family
1. The family shall be the natural unit and basis of society. It shall enjoy the protection and support of the State for its establishment and development. 2.…
|
0 | cases |
| Article 19 |
Parent care and protection
1. Every child shall be entitled to the enjoyment of parental care and protection and shall, whenever possible, have the right to reside with his or her…
|
0 | cases |
| Article 20 |
Parental responsibilities
1. Parents or other persons responsible for the child shall have the primary responsibility for the upbringing and development of the child and shall have the…
|
0 | cases |
| Article 21 |
Protection against harmful social and cultural practices
1. States Parties to the present Charter shall take all appropriate measures to eliminate harmful social and cultural practices affecting the welfare,…
|
1 | cases |
| Article 22 |
Armed conflicts
1. States Parties to this Charter shall undertake to respect and ensure respect for rules of international humanitarian law applicable in armed conflicts…
|
0 | cases |
| Article 23 |
Refugee children
1. States Parties to the present Charter shall take all appropriate measures to ensure that a child who is seeking refugee status or who is considered a refugee…
|
0 | cases |
| Article 24 |
Adoption
States Parties which recognize the system of adoption shall ensure that the best interest of the child shall be the paramount consideration and they shall: 1.…
|
1 | cases |
| Article 25 |
Separation from parents
1. Any child who is permanently or temporarily deprived of his family environment for any reason shall be entitled to special protection and assistance; 2.…
|
0 | cases |
| Article 26 |
Protection against apartheid and discrimination
1. States Parties to the present Charter shall individually and collectively undertake to accord the highest priority to the special needs of children living…
|
0 | cases |
| Article 27 |
Sexual exploitation
States Parties to the present Charter shall undertake to protect the child from all forms of sexual exploitation and sexual abuse and shall in particular take…
|
0 | cases |
| Article 28 |
Drug abuse
States Parties to the present Charter shall take all appropriate measures to protect the child from the use of narcotics and illicit use of psychotropic…
|
0 | cases |
| Article 29 |
Sale, trafficking and abduction
States Parties to the present Charter shall take appropriate measures to prevent: (a) the abduction, the sale of, or traffic in children for any purpose or in…
|
1 | cases |
| Article 30 |
Children of imprisoned mothers
States Parties to the present Charter shall undertake to provide special treatment to expectant mothers and to mothers of infants and young children who have…
|
0 | cases |
| Article 31 |
Responsibility of the child
Every child shall have responsibilities towards his family and society, the State and other legally recognized communities and the international community.…
|
0 | cases |
| Article 32 |
The Committee
An African Committee of Experts on the Rights and Welfare of the Child hereinafter called “the Committee” shall be established within the Organization of…
|
0 | cases |
| Article 33 |
Composition
1. The Committee shall consist of 11 members of high moral standing, integrity, impartiality and competence in matters of the rights and welfare of the child.…
|
0 | cases |
| Article 34 |
Election
As soon as this Charter shall enter into force the members of the Committee shall be elected by secret ballot by the Assembly of Heads of State and Government…
|
0 | cases |
| Article 35 |
Candidates
Each State Party to the present Charter may nominate not more than two candidates. The candidates must have one of the nationalities of the States Parties to…
|
0 | cases |
| Article 36 |
Nomination
1. The Secretary-General of the Organization of African unity shall invite States Parties to the present Charter to nominate candidates at least six months…
|
0 | cases |
| Article 37 |
Term of office
1. The members of the Committee shall be elected for a term of five years and may not be re-elected, however, the term of four of the members elected at the…
|
0 | cases |
| Article 38 |
Bureau
1. The Committee shall establish its own Rules of Procedure. 2. The Committee shall elect its officers for a period of two years. 3. Seven Committee members…
|
0 | cases |
| Article 39 |
Vacancy
If a member of the Committee vacates his office for any reason other than the normal expiration of a term, the State which nominated that member shall appoint…
|
0 | cases |
| Article 40 |
Secretariat
Secretary-General of the Organization of African Unity shall appoint a Secretary for the Committee.
|
0 | cases |
| Article 41 |
Privileges and immunities
In discharging their duties, members of the Committee shall enjoy the privileges and immunities provided for in the General Convention on the Privileges and…
|
0 | cases |
| Article 42 |
Mandate
The functions of the Committee shall be: (a) To promote and protect the rights enshrined in this Charter and in particular to: i. collect and document…
|
0 | cases |
| Article 43 |
State reporting procedure
1. Every State Party to the present Charter shall undertake to submit to the Committee through the Secretary-General of the Organization of African Unity,…
|
0 | cases |
| Article 44 |
Communications
1. The Community may receive communication, from any person, group or non- governmental organization recognized by the Organization of African Unity, by a…
|
0 | cases |
| Article 45 |
Investigations by the Committee, activity report
1. The Committee may, resort to any appropriate method of investigating any matter falling within the ambit of the present Charter, request from the States…
|
0 | cases |
| Article 46 |
Sources of inspiration
The Committee shall draw inspiration from International Law on Human Rights, particularly from the provisions of the African Charter on Human and Peoples’…
|
0 | cases |
| Article 47 |
Signature, ratification or adherence
1. The present Charter shall be open to signature by all the Member States of the Organization of African Unity. 2. The present Charter shall be subject to…
|
0 | cases |
| Article 48 |
Amendment and revision of the Charter
1. The present Charter may be amended or revised if any State Party makes a written request to that effect to the Secretary-General of the Organization of…
|
0 | cases |
| Article -Treaty |
Treaty - ACRWC
African Charter on the Rights and Welfare of the Child
|
0 | cases |