State party reporting and the realisation of children’s rights in Africa

State party reporting and the realisation of children’s rights in Africa
Author: Remember Miamingi
Publisher: Pretoria University Law Press
Total Pages: 349
Release: 2020-01-01
Genre: Law
ISBN: 1920538879

About the publication Human rights norms will largely remain hollow if they are not translated into the lived realities of people on the ground. Given the diversity and complexities of human rights norms, the arrays of institutions, mechanisms and resource required to give full effect to these norms, implementation of human rights norms is a continuous and progressive undertaking. Progress, to be meaningful, should have milestones and mechanisms for tracking it. The reporting mechanisms are human rights’ monitoring and evaluation plans and systems to track progressive implementation. This book provides an assessment of the reporting mechanisms of child rights treaty bodies. It highlights what is working or not working and why, making recommendations for further improvement of the reporting mechanism to better work for children in Africa. The findings and recommendations in the book are based on a study commissioned by the Centre for Human Rights, to assess the effects of reporting to United Nations and African Union child rights treaty bodies on the enjoyment of rights, protection and welfare of children in Africa. It covers 17 African countries, and provides a historical snapshot of the situation as at the end of 2017.

The African Charter on the Rights and Welfare of the Child

The African Charter on the Rights and Welfare of the Child
Author: Thoko Kaime
Publisher: PULP
Total Pages: 260
Release: 2009
Genre: African Charter on the Rights and Welfare of the Child
ISBN: 0981442048

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 African Charter on the Rights and Welfare of the Child

The African Charter on the Rights and Welfare of the Child
Author: Virginia Paola Lalli
Publisher: AuthorHouse
Total Pages: 301
Release: 2018-11-21
Genre: Law
ISBN: 1546268391

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.

The role of the African Committee of Experts on the Rights and Welfare of the Child in the follow-up of its decisions on communications

The role of the African Committee of Experts on the Rights and Welfare of the Child in the follow-up of its decisions on communications
Author: Ulrike Kahbila Mbuton
Publisher: GRIN Verlag
Total Pages: 61
Release: 2019-06-18
Genre: Law
ISBN: 3668959609

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.

The United Nations Convention on the Rights of the Child

The United Nations Convention on the Rights of the Child
Author: Ton Liefaard
Publisher: BRILL
Total Pages: 964
Release: 2016-11-01
Genre: Law
ISBN: 9004295054

In 2014 the world’s most widely ratified human rights treaty, one specifically for children, reached the milestone of its twenty-fifth anniversary. The UN Convention on the Rights of the Child was adopted after the fall of the Berlin Wall, and in the time since then it has entered a new century, reshaping laws, policies, institutions and practices across the globe, along with fundamental conceptions of who children are, their rights and entitlements, and society’s duties and obligations to them. Yet despite its rapid entry into force worldwide, there are concerns that the Convention remains a high-level paper treaty without the traction on the ground needed to address ever-continuing violations of children’s rights. This book, based on papers from the conference ‘25 Years CRC’ held by the Department of Child Law at Leiden University, draws together a rich collection of research and insight by academics, practitioners, NGOs and other specialists to reflect on the lessons of the past 25 years, take stock of how international rights find their way into children’s lives at the local level, and explore the frontiers of children’s rights for the 25 years ahead.

African Human Rights Law Journal Volume 20 No 2 2020

African Human Rights Law Journal Volume 20 No 2 2020
Author:
Publisher: Pretoria University Law Press
Total Pages: 531
Release: 2020-01-01
Genre: Law
ISBN:

In 2020, the African Human Rights Law Journal (AHRLJ or Journal) celebrates 20 years since it first was published. The AHRLJ is the only peer-reviewed journal focused on human rights-related topics of relevance to Africa, Africans and scholars of Africa. It is a time for celebration. Since 2001, two issues of the AHRLJ have appeared every year. Initially published by Juta, in Cape Town, South Africa, in 2013 it became as an open-access journal published by the Pretoria University Law Press (PULP). PULP is a non-profit open-access publisher focused on advancing African scholarship. The AHRLJ contains peer-reviewed articles and ‘recent developments’, discussing the latest court decisions and legal developments in the African Union (AU) and regional economic communities. It contains brief discussions of recently-published books. With a total of 517 contributions in 40 issues (436 articles and 81 ‘recent developments’; not counting ‘book reviews’), on average the AHRLJ contains around 13 contributions per issue. The AHRLJ is accredited with the International Bibliography of the Social Sciences (IBSS) and the South African Department of Higher Education, Science and Innovation, and appears in a number of open access portals, including AfricanLii, the Directory of Open Access Journals and SciELO. Over the 20 years of its existence, many significant articles appeared in the AHRLJ. According to Google Scholar the mostcited articles that have appeared in the Journal over this period are (i) T Metz ‘Ubuntu as a moral theory and human rights in South Africa’ (2011) 11 African Human Rights Law Journal 532-559 (with 273 citations); (ii) D Cornell and K van Marle ‘Exploring ubuntu: Tentative reflections’ (2005) 5 African Human Rights Law Journal 195- 220 (with 97 citations); (iii) S Tamale ‘Exploring the contours of African sexualities: Religion, law and power’ (2014) 14 African Human Rights Law Journal 150-177 (with 85 citations); K Kindiki ‘The normative and institutional framework of the African Union relating to the protection of human rights and the maintenance of international peace and security: A critical appraisal’ (2003) 3 African Human Rights Law Journal 97-117 (with 59 citations); and T Kaime ‘The Convention on the Rights of the Child and the cultural legitimacy of children’s rights in Africa: Some reflections’ (2005) 5 African Human Rights Law Journal 221-238) (with 54 citations). This occasion allows some perspective on the role that the Journal has played over the past 20 years. It is fair to say that the AHRLJ contributed towards strengthening indigenous African scholarship, in general, and human rights-related themes, specifically. Before the Journal there was no academic ‘outlet’ devoted to human rights in the broader African context. Both in quantity and in quality the Journal has left its mark on the landscape of scholarly journals. The AHRLJ has provided a forum for African voices, including those that needed to be ‘fine-tuned’. Different from many other peerreviewed journals, the AHRLJ has seen it as its responsibility to nurture emerging but not yet fully-flourishing talent. This approach allowed younger and emerging scholars to be guided to sharpen their skills and find their scholarly voices. The AHRLJ has evolved in tandem with the African regional human rights system, in a dialogic relationship characterised by constructive criticism. When the Journal was first published in 2001, the Protocol on the Establishment of an African Court on Human and Peoples’ Rights (African Court Protocol) was not yet in force. Over the years the Journal tracked the evolution of the African Court on Human and Peoples’ Rights (African Court) from a faltering start, through a phase when it increasingly expressed itself in an emerging jurisprudence, to the current situation of push-back by states signalled by the withdrawal by four states of their acceptance of the Court’s direct individual access jurisdiction. The same is largely true for the African Committee of Experts on the Rights and Welfare of the Child (African Children’s Committee). It was in 2001 that the AU elected the first members of this Committee. It first met in 2002, and its first decade or so was lackluster. The Committee examined its first state report only in November 2008, and decided its first communication in March 2011. Articles by authors such as Mezmur and Sloth-Nielsen, who also served as members of the Committee, and Lloyd, placed the spotlight on the work of the Committee. Initially, these articles primarily served to describe and provide information that otherwise was largely inaccessible, but over time they increasingly provided a critical gaze and contributed to the constructive evolution of the Committee’s exercise of its mandate. By 2011 the African Commission on Human and Peoples’ Rights (African Commission) was already quite well established, but it also underwent significant growth over the subsequent 20-year period. Numerous articles in the Journal trace and analyse aspects of this evolution. Contributions in the Journal also cover most of the AU human rights treaties and soft law standards. A number of issues contain a ‘special focus’ section dealing with a thematic issue of particular relevance or concern, such as the focus on the Protocol to the African Charter on the Rights of Women (2006 no 1); ‘30 years of the African Charter’ (2011 no 2); and ‘sexual and reproductive rights and the African Women’s Protocol’ (2014 no 2). The scope of the Journal extends beyond the supranational dimension of human rights. Over the years many contributions explored aspects of the domestic human rights situation in countries such as the Democratic Republic of the Congo, Eswatini, Ethiopia, Lesotho, Malawi, Mauritius, Nigeria, South Africa, Tanzania, Uganda and Zimbabwe. From time to time the specific focus sections also veered towards domestic human rights protection. See for instance the focus on 20 years of the South African Constitution (2014 no 2); on ‘adolescent sexual and reproductive rights in the African region’ (2017 no 2); on ‘the rule of law in sub-Saharan Africa’ (2018 no 1); and on ‘dignity taking and dignity restorations’ (2018 no 2).