48.It is also the Committee’s stance that implementation of the obligation as to ‘legislative measure’ should be viewed in light of child protection approach. Legislation which underscores the right of children to protection from all forms of abuse, neglect, maltreatment and degradation is a necessary element of the fulfillment of the obligation provided under article 1 of the Charter. The legislations should also contain the entire array of protective measures, which shall include effective procedures for the establishment of special monitoring units to provide support for the child and for those who have the care of the child, as well as other forms of prevention and for identification, reporting, referral, investigation, treatment and follow-up in instance of child abuse and neglect. 49. With regard to the obligations of taking ‘other measures’, the Committee at the outset notes that it is an overarching obligation, which also requires a legislative basis for its implementation. ‘Other measures’ should therefore not be seen as entirely separate from legislative measures. In this regard, the Committee focuses on administrative and judicial measures that State Parties are obliged to undertake with a view to protect and promote children’s rights. 50.The Committee notes that administrative measures are broad as they cover a wide range of actions such as allocating sufficient resource, coordination, and collaboration with other stakeholders. For instance, considering the multi-sectoral nature of children’s rights, State Parties should take in to account the fact that it is almost impossible to implement the obligations under the African Children’s Charter fully under a single agency. In this regard, the overarching responsibility of governments is therefore to put in place a child rights governance system that ensures the visibility, advancement and realisation of all children’s rights across the full implementation processes of all role players. Further, State Parties should also design and implement child sensitive national budgeting by developing and using tools for making children visible in budgetary processes at the national and sub-national levels, including in the context of international cooperation, and in the context of regional economic imperatives. 51. Regarding ‘judicial measures’ the Committee notes that State Parties should provide for judicially enforceable children’s rights with a view to ensuring that children have access to the judicial system, if needs be without parental assistance, to enable them to enforce their rights. The Committee also endorses the need for the establishment of child-friendly procedures as well as appropriate compensation in cases of breach of the rights of children."® 52.Following the above discussion, the Committee also approaches the implementation of the obligations of State Parties as it is included in article 1 of the Charter in the context of the requirement of ‘due diligence’. The Committee notes that while discharging their human rights obligations, States are obliged to show due diligence to ensure the full realization of human rights."’ States’ due diligence is translated in the form of prevention of human rights violations, investigation of violations, prosecution of '® UNCRC General Comment no 5 para 24. ” Zimbabwe Huma Rights NGO Forum v Zimbabwe (2006) AHRLR 128 (ACHPR) 2006 para 146. 14

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