What is it about?

This paper reviews recent development in the protection of children’s rights in Africa through the individual communications mandate of the African Committee on the Rights and Welfare of the Child (the Committee). It examines the recent decision of the Committee concerning the talibés of Senegal. It argues that whilst the Committee took a commendably progressive approach in the interpretation of the African Charter on the Rights and Welfare of the Child, its decision lacked a gender sensitive approach which it must address in future communications.

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Why is it important?

The African Committee on the Rights and Welfare of the Child is the regional body charged with the interpretation of the African Charter on the Rights and Welfare of the Child as well as the promotion and protection of children's rights in Africa. This paper is crucial to the analysis of the Committee's approach to adjudicating on children's rights with particular reference to the Talibés case. The paper also points out the gaps in the Committee's jurisprudence in light of gender sensitivity to the girl child and gives the recommendations to further the impact of the Committee's work on children's rights in Africa.

Perspectives

The Talibés decision stands outs for its bold condemnation of acts of third parties against children for which states are accountable. This follows the individual duty to respect and the state's obligation to protect the rights of children. This paper is essential in understanding the Committee's approach with regards to exhaustion of local remedies and interpretation of the African Children's Charter.

Miss Henrietta M Ekefre
University of Pretoria

Read the Original

This page is a summary of: Recent Advances in Children’s Rights in the African Human Rights System, The Law and Practice of International Courts and Tribunals, September 2016, Brill,
DOI: 10.1163/15718034-12341327.
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