African Charter on the Rights and Welfare of the Child
African Charter on the Rights and Welfare of the Child
ARTICLE 22: ARMED CONFLICTS1. States Parties to this Charter shall undertake to respect and ensure respect for rules of international humanitarian law applicable in armed conflicts which affect the child.2. States Parties to the present Charter shall take all necessary measures to ensure that no child shall take a direct part in hostilities and refrain in particular, from recruiting any child.3. States Parties to the present Charter shall, in accordance with their obligations under international humanitarian law, protect the civilian population in armed conflicts and shall take all feasible measures to ensure the protection and care of children who are affected by armed conflicts. Such rules shall also apply to children in situations of internal armed conflicts, tension and strife
African Charter on the Rights and Welfare of the Child
African Charter on the Rights and Welfare of the Child
ARTICLE 5: SURVIVAL AND DEVELOPMENT1. 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 possible, the survival, protection and development of the child.3. Death sentence shall not be pronounced for crimes committed by children.
African Charter on the Rights and Welfare of the Child
ARTICLE 14: HEALTH AND HEALTH SERVICES1. Every child shall have the right to enjoy the best attainable state of physical, mental and spiritual health.2. States Parties to the present Charter shall undertake to pursue the full implementation of this right and in particular shall take measures:(a) to reduce infant and child mortality rate;(b) to ensure the provision of necessary medical assistance and health care to all children with emphasis on the development of primary health care; (c) to ensure the provision of adequate nutrition and safe drinking water;(d) to combat disease and malnutrition within the framework of primary health care through the application of appropriate technology;(e) to ensure appropriate health care for expectant and nursing mothers;(f) to develop preventive health care and family life education and provision of service;(g) to integrate basic health service programmes in national development plans(h) to ensure that all sectors of the society, in particular, parents, children, community leaders and community workers are informed and supported in the use of basic knowledge of child health and nutrition, the advantages of breastfeeding, hygiene and environmental sanitation and the prevention of domestic and other accidents;(i) to ensure the meaningful participation of non-governmental organizations, local communities and the beneficiary population in the planning and management of a basic service programme for children;(j) to support through technical and financial means, the mobilization of local community resources in the development of primary health care for children.
African Charter on the Rights and Welfare of the Child
ARTICLE 16: PROTECTION AGAINST CHILD ABUSE AND TORTURE1. States Parties to the present Charter shall take specific legislative, administrative, social and educational measures to protect the child from all forms of torture, inhuman or degrading treatment and especially physical or mental injury or abuse, neglect or maltreatment including sexual abuse, while in the care of the child.2. Protective measures under this Article shall include effective procedures for the establishment of special monitoring units to provide necessary 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 of instances of child abuse and neglect.
African Charter on the Rights and Welfare of the Child
ARTICLE 27: SEXUAL EXPLOITATION1. 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 measures to prevent:(a) the inducement, coercion or encouragement of a child to engage in any sexual activity;(b) the use of children in prostitution or other sexual practices;(c) the use of children in pornographic activities, performances and materials.
African Charter on the Rights and Welfare of the Child
African Charter on the Rights and Welfare of the Child
ARTICLE 16: PROTECTION AGAINST CHILD ABUSE AND TORTURE1. States Parties to the present Charter shall take specific legislative, administrative, social and educational measures to protect the child from all forms of torture, inhuman or degrading treatment and especially physical or mental injury or abuse, neglect or maltreatment including sexual abuse, while in the care of the child.2. Protective measures under this Article shall include effective procedures for the establishment of special monitoring units to provide necessary 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 of instances of child abuse and neglect.
African Charter on the Rights and Welfare of the Child
ARTICLE 27: SEXUAL EXPLOITATION1. 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 measures to prevent:(a) the inducement, coercion or encouragement of a child to engage in any sexual activity;(b) the use of children in prostitution or other sexual practices;(c) the use of children in pornographic activities, performances and materials.
African Charter on the Rights and Welfare of the Child
African Charter on the Rights and Welfare of the Child
African Charter on the Rights and Welfare of the Child
ARTICLE 22: ARMED CONFLICTS1. States Parties to this Charter shall undertake to respect and ensure respect for rules of international humanitarian law applicable in armed conflicts which affect the child.2. States Parties to the present Charter shall take all necessary measures to ensure that no child shall take a direct part in hostilities and refrain in particular, from recruiting any child.3. States Parties to the present Charter shall, in accordance with their obligations under international humanitarian law, protect the civilian population in armed conflicts and shall take all feasible measures to ensure the protection and care of children who are affected by armed conflicts. Such rules shall also apply to children in situations of internal armed conflicts, tension and strife
African Charter on the Rights and Welfare of the Child
ARTICLE 5: SURVIVAL AND DEVELOPMENT1. 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 possible, the survival, protection and development of the child.3. Death sentence shall not be pronounced for crimes committed by children.
African Charter on the Rights and Welfare of the Child
ARTICLE 14: HEALTH AND HEALTH SERVICES1. Every child shall have the right to enjoy the best attainable state of physical, mental and spiritual health.2. States Parties to the present Charter shall undertake to pursue the full implementation of this right and in particular shall take measures:(a) to reduce infant and child mortality rate;(b) to ensure the provision of necessary medical assistance and health care to all children with emphasis on the development of primary health care; (c) to ensure the provision of adequate nutrition and safe drinking water;(d) to combat disease and malnutrition within the framework of primary health care through the application of appropriate technology;(e) to ensure appropriate health care for expectant and nursing mothers;(f) to develop preventive health care and family life education and provision of service;(g) to integrate basic health service programmes in national development plans(h) to ensure that all sectors of the society, in particular, parents, children, community leaders and community workers are informed and supported in the use of basic knowledge of child health and nutrition, the advantages of breastfeeding, hygiene and environmental sanitation and the prevention of domestic and other accidents;(i) to ensure the meaningful participation of non-governmental organizations, local communities and the beneficiary population in the planning and management of a basic service programme for children;(j) to support through technical and financial means, the mobilization of local community resources in the development of primary health care for children.
African Charter on the Rights and Welfare of the Child
ARTICLE 27: SEXUAL EXPLOITATION1. 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 measures to prevent:(a) the inducement, coercion or encouragement of a child to engage in any sexual activity;(b) the use of children in prostitution or other sexual practices;(c) the use of children in pornographic activities, performances and materials.
African Charter on the Rights and Welfare of the Child
ARTICLE 16: PROTECTION AGAINST CHILD ABUSE AND TORTURE1. States Parties to the present Charter shall take specific legislative, administrative, social and educational measures to protect the child from all forms of torture, inhuman or degrading treatment and especially physical or mental injury or abuse, neglect or maltreatment including sexual abuse, while in the care of the child.2. Protective measures under this Article shall include effective procedures for the establishment of special monitoring units to provide necessary 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 of instances of child abuse and neglect.
African Charter on the Rights and Welfare of the Child
ARTICLE 44: COMMUNICATIONS1. The Committee may receive communication, from any person, group or nongovernmental organization recognized by the Organization of African Unity, by a Member State, or the United Nations relating to any matter covered by this Charter.2. Every communication to the Committee shall contain the name and address of the author and shall be treated in confidence.
ACERWC Guidelines for the Consideration of Communications - 2011
ACERWC Guidelines for the Consideration of Communications - 2011
Chapter 2: Consideration of CommunicationsArticle 1: Conditions of Admissibility of CommunicationsI. Authors of Communications1. Communications may be presented by individuals, including, the victimised child and/or his parents orlegal representatives, witnesses, a group of individuals or non-governmental organisations recognised bythe African Union, by a Member State or by any other institution of the United Nations system.2. The Author of the communication shall specify either to have been a victim of violations of the rights speltout in the Charter, or to act on behalf of a victim or of other eligible parties.1 3. A Communication may be presented on behalf of a victim without his/her agreement on condition that theauthor is able to prove that his/her action is taken in the supreme interest of the child. The victimised childwho is able to express his/her opinions shall be informed of the communications presented on his/herbehalf.4. The Committee shall decide by simple majority of members present and in conformity with the followingregulations, on the admissibility or not of a communication in conformity with the provisions of Article 44 ofthe Charter.II. Conditions of Form1. No communication shall be considered by the Committee if:it is anonymous;• it is not written;• it concerns a State non-signatory to the Charter.• 2. Notwithstanding the Committee may admit a communication from a State non-signatory to the Charter inthe overall best interest of the child. In so doing the Committee shall collaborate with other related agenciesimplementing conventions and charters to which the non-signatory country is State Party.III. Conditions of Content1. In order to take a decision on the admissibility of a communication, the Committee shall ensure that:The communication is compatible with the provisions of the Constitutive Act of the African Union orwith the Charter on the Rights and Welfare of the Child;1. The communication is not exclusively based on information circulated by the media;2. The same issue has not been considered according to another investigation, procedure orinternational regulation;3. The author has exhausted all the available appeal channels at the national level or when the authorof the communication is not satisfied with the solution provided;4. The communication is presented within a reasonable period after appeal channels at the nationallevel have been exhausted;5. The wording of the communication shall not be offensive.
African Charter on the Rights and Welfare of the Child
ARTICLE 44: COMMUNICATIONS1. The Committee may receive communication, from any person, group or nongovernmental organization recognized by the Organization of African Unity, by a Member State, or the United Nations relating to any matter covered by this Charter.2. Every communication to the Committee shall contain the name and address of the author and shall be treated in confidence.
African Charter on the Rights and Welfare of the Child
ACERWC Guidelines for the Consideration of Communications - 2011
African Charter on the Rights and Welfare of the Child
ARTICLE 46: SOURCES OF INSPIRATIONThe Committee shall draw inspiration from International Law on Human Rights, particularly from the provisions of the African Charter on Human and Peoples’ Rights, the Charter of the Organization of African Unity, the Universal Declaration on Human Rights, the International Convention on the Rights of the Child, and other instruments adopted by the United Nations and by African countries in the field of human rights, and from African values and traditions.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
002/2009 IHRDA (on behalf of Children of Nubian Descent) v Kenya
African Charter on the Rights and Welfare of the Child
African Charter on the Rights and Welfare of the Child
African Charter on the Rights and Welfare of the Child
ARTICLE 1: OBLIGATION OF STATES PARTIES 1. Member States of the Organization of African Unity Parties to the present Charter shall recognize the rights, freedoms and duties enshrined in this Charter and shall undertake to the necessary steps, in accordance with their Constitutional processes and with the provisions of the present Charter, to adopt such legislative or other measures as may be necessary to give effect to the provisions of this Charter.
African Charter on the Rights and Welfare of the Child
African Charter on the Rights and Welfare of the Child
African Charter on the Rights and Welfare of the Child
54/91_61/91_96/93_98/93_164/97 _196/97 _210/98 Malawi African Association, Amnesty International, Ms Sarr Diop, Union Interafricaine des Droits de l'Homme and RADDHO, Collectif des Veuves et Ayants-Droit, Association Mauritanienne des Droits de l'Homme v Mauritania
74/92 Commission Nationale des Droits de l'Homme et des libertés v Chad
Communication 155/96 - Social and Economic Rights Action Center (SERAC) et Center for Economic and Social Rights (CESR) c. Nigeria
African Charter on the Rights and Welfare of the Child
UN Convention on the Rights of the Child
Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict
African Charter on the Rights and Welfare of the Child
2. Nothing in this Charter shall affect any provisions that are more conductive to the realization of the rights and welfare of the child contained in the law of a State Party or in any other international Convention or agreement in force in that State.
African Charter on the Rights and Welfare of the Child
ARTICLE 2: DEFINITION OF A CHILDFor the purposes of this Charter, a child means every human being below the age of 18 years.
African Charter on the Rights and Welfare of the Child
2. States Parties to the present Charter shall take all necessary measures to ensure that no child shall take a direct part in hostilities and refrain in particular, from recruiting any child.
Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict
3. States Parties that permit voluntary recruitment into their national armed forcesunder the age of 18 shall maintain safeguards to ensure, as a minimum, that:(a) Such recruitment is genuinely voluntary;(b) Such recruitment is done with the informed consent of the person=s parents orlegal guardians;(c) Such persons are fully informed of the duties involved in such military service;(d) Such persons provide reliable proof of age prior to acceptance into national mil-itary service
African Charter on the Rights and Welfare of the Child
African Charter on the Rights and Welfare of the Child
ARTICLE 22: ARMED CONFLICTS1. States Parties to this Charter shall undertake to respect and ensure respect for rules of international humanitarian law applicable in armed conflicts which affect the child.2. States Parties to the present Charter shall take all necessary measures to ensure that no child shall take a direct part in hostilities and refrain in particular, from recruiting any child.3. States Parties to the present Charter shall, in accordance with their obligations under international humanitarian law, protect the civilian population in armed conflicts and shall take all feasible measures to ensure the protection and care of children who are affected by armed conflicts. Such rules shall also apply to children in situations of internal armed conflicts, tension and strife
African Charter on the Rights and Welfare of the Child
ARTICLE 1: OBLIGATION OF STATES PARTIES 1. Member States of the Organization of African Unity Parties to the present Charter shall recognize the rights, freedoms and duties enshrined in this Charter and shall undertake to the necessary steps, in accordance with their Constitutional processes and with the provisions of the present Charter, to adopt such legislative or other measures as may be necessary to give effect to the provisions of this Charter.
African Charter on the Rights and Welfare of the Child
ARTICLE 22: ARMED CONFLICTS1. States Parties to this Charter shall undertake to respect and ensure respect for rules of international humanitarian law applicable in armed conflicts which affect the child.2. States Parties to the present Charter shall take all necessary measures to ensure that no child shall take a direct part in hostilities and refrain in particular, from recruiting any child.3. States Parties to the present Charter shall, in accordance with their obligations under international humanitarian law, protect the civilian population in armed conflicts and shall take all feasible measures to ensure the protection and care of children who are affected by armed conflicts. Such rules shall also apply to children in situations of internal armed conflicts, tension and strife
African Charter on the Rights and Welfare of the Child
African Charter on the Rights and Welfare of the Child
African Charter on the Rights and Welfare of the Child
ARTICLE 1: OBLIGATION OF STATES PARTIES 1. Member States of the Organization of African Unity Parties to the present Charter shall recognize the rights, freedoms and duties enshrined in this Charter and shall undertake to the necessary steps, in accordance with their Constitutional processes and with the provisions of the present Charter, to adopt such legislative or other measures as may be necessary to give effect to the provisions of this Charter.
African Charter on the Rights and Welfare of the Child
ARTICLE 6: NAME AND NATIONALITY1. 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 acquire a nationality.4. States Parties to the present Charter shall undertake to ensure that their Constitutional legislation recognize the principles according to which a child shall acquire the nationality of the State in the territory of which he has been born if, at the time of the child’s birth, he is not granted nationality by any other State in accordance with its laws
African Charter on the Rights and Welfare of the Child
African Charter on the Rights and Welfare of the Child
African Charter on the Rights and Welfare of the Child
African Charter on the Rights and Welfare of the Child
African Charter on the Rights and Welfare of the Child
ARTICLE 31: RESPONSIBILITY OF THE CHILDEvery child shall have responsibilities towards his family and society, the State and other legally recognized communities and the international community. The child, subject to his age and ability, and such limitations as may be contained in the present Charter, shall have the duty;(a) to work for the cohesion of the family, to respect his parents, superiors and elders at all times and to assist them in case of need;(b) to serve his national community by placing his physical and intellectual abilities at its service;(c) to preserve and strengthen social and national solidarity;(d) to preserve and strengthen African cultural values in his relations with other members of the society, in the spirit of tolerance, dialogue and consultation and to contribute to the moral well-being of society;(e) to preserve and strengthen the independence and the integrity of his country;(f) to contribute to the best of his abilities, at all times and at all levels, to the promotion and achievement of African Unity.PART II: CHAPTER TWO : ESTABLISHMENT AND ORGANIZATION OF THE COMMITTEE ON THE RIGHTS AND WELFARE OF THE CHILDARTICLE 32: THE COMMITTEEAn African Committee of Experts on the Rights and Welfare of the Child hereinafter called `the Committee’ shall be established within the Organization of African Unity to promote and protect the rights and welfare of the child.ARTICLE 33: COMPOSITION1. 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. 2. The members of the Committee shall serve in their personal capacity.3. The Committee shall not include more than one national of the same State.ARTICLE 34: ELECTIONAs 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 from a list of persons nominated by the States Parties to the present Charter.ARTICLE 35: CANDIDATESEach 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 the present Charter. When two candidates are nominated by a State, one of them shall not be a national of that State.ARTICLE 361. The Secretary-General of the Organization of African Unity shall invite States Parties to the present Charter to nominate candidates at least six months before the elections.2. The Secretary-General of the Organization of African Unity shall draw up in alphabetical order, a list of persons nominated and communicate it to the Heads of State and Government at least two months before the elections.ARTICLE 37: TERM OF OFFICE1. 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 first election shall expire after two years and the term of six others, after four years.12. Immediately after the first election, the Chairman of the Assembly of Heads of State and Government of the Organization of African Unity shall draw lots to determine the names of those members referred to in sub-paragraph 1 of this Article.3. The Secretary-General of the Organization of African Unity shall convene the first meeting of Committee at the Headquarters of the Organization within six months of the election of
African Charter on the Rights and Welfare of the Child
ARTICLE 22: ARMED CONFLICTS1. States Parties to this Charter shall undertake to respect and ensure respect for rules of international humanitarian law applicable in armed conflicts which affect the child.2. States Parties to the present Charter shall take all necessary measures to ensure that no child shall take a direct part in hostilities and refrain in particular, from recruiting any child.3. States Parties to the present Charter shall, in accordance with their obligations under international humanitarian law, protect the civilian population in armed conflicts and shall take all feasible measures to ensure the protection and care of children who are affected by armed conflicts. Such rules shall also apply to children in situations of internal armed conflicts, tension and strife
African Charter on the Rights and Welfare of the Child
002/2009 IHRDA (on behalf of Children of Nubian Descent) v Kenya
African Charter on the Rights and Welfare of the Child
ARTICLE 22: ARMED CONFLICTS1. States Parties to this Charter shall undertake to respect and ensure respect for rules of international humanitarian law applicable in armed conflicts which affect the child.2. States Parties to the present Charter shall take all necessary measures to ensure that no child shall take a direct part in hostilities and refrain in particular, from recruiting any child.3. States Parties to the present Charter shall, in accordance with their obligations under international humanitarian law, protect the civilian population in armed conflicts and shall take all feasible measures to ensure the protection and care of children who are affected by armed conflicts. Such rules shall also apply to children in situations of internal armed conflicts, tension and strife
African Charter on the Rights and Welfare of the Child
2. States Parties to the present Charter shall take all necessary measures to ensure that no child shall take a direct part in hostilities and refrain in particular, from recruiting any child
African Charter on the Rights and Welfare of the Child
African Charter on the Rights and Welfare of the Child
(e) take special measures in respect of female, gifted and disadvantaged children, to ensure equal access to education for all sections of the community.
African Charter on the Rights and Welfare of the Child
(e) to preserve and strengthen the independence and the integrity of his country;
African Charter on the Rights and Welfare of the Child
African Charter on the Rights and Welfare of the Child
2. The education of the child shall be directed to:(a) the promotion and development of the child’s personality, talents and mental and physical abilities to their fullest potential;(b) fostering respect for human rights and fundamental freedoms with particular reference to those set out in the provisions of various African instruments on human and peoples’ rights and international human rights declarations and conventions;(c) the preservation and strengthening of positive African morals, traditional values and cultures;(d) the preparation of the child for responsible life in a free society, in the spirit of understanding tolerance, dialogue, mutual respect and friendship among all peoples ethnic, tribal and religious groups;(e) the preservation of national independence and territorial integrity;(f) the promotion and achievements of African Unity and Solidarity;(g) the development of respect for the environment and natural resources;(h) the promotion of the child’s understanding of primary health care.
African Charter on the Rights and Welfare of the Child
ARTICLE 22: ARMED CONFLICTS1. States Parties to this Charter shall undertake to respect and ensure respect for rules of international humanitarian law applicable in armed conflicts which affect the child.
African Charter on the Rights and Welfare of the Child
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
Article 171. Every individual shall have the right to education. 2. Every individual may freely, take part in the cultural life of his community. 3.The promotion and protection of morals and traditional values recognized by the 6community shall be the duty of the State.
25/89-47/90-56/91-100/93 : Free Legal Assistance Group, Lawyers' Committee for Human Rights, Union Interafricaine des Droits de l'Homme, Les Témoins de Jehovah v DRC
48.Article 17 of the Charter guarantees the right to education. The closures of universities and secondary schools as described in communication 100/93 constitutes a violation ofArticle 17.
African Charter on the Rights and Welfare of the Child
African Charter on the Rights and Welfare of the Child
African Charter on the Rights and Welfare of the Child
ARTICLE 14: HEALTH AND HEALTH SERVICES1. Every child shall have the right to enjoy the best attainable state of physical, mental and spiritual health.2. States Parties to the present Charter shall undertake to pursue the full implementation of this right and in particular shall take measures:(a) to reduce infant and child mortality rate;(b) to ensure the provision of necessary medical assistance and health care to all children with emphasis on the development of primary health care; (c) to ensure the provision of adequate nutrition and safe drinking water;(d) to combat disease and malnutrition within the framework of primary health care through the application of appropriate technology;(e) to ensure appropriate health care for expectant and nursing mothers;(f) to develop preventive health care and family life education and provision of service;(g) to integrate basic health service programmes in national development plans(h) to ensure that all sectors of the society, in particular, parents, children, community leaders and community workers are informed and supported in the use of basic knowledge of child health and nutrition, the advantages of breastfeeding, hygiene and environmental sanitation and the prevention of domestic and other accidents;(i) to ensure the meaningful participation of non-governmental organizations, local communities and the beneficiary population in the planning and management of a basic service programme for children;(j) to support through technical and financial means, the mobilization of local community resources in the development of primary health care for children.
002/2009 IHRDA (on behalf of Children of Nubian Descent) v Kenya
African Charter on the Rights and Welfare of the Child
ARTICLE 14: HEALTH AND HEALTH SERVICES1. Every child shall have the right to enjoy the best attainable state of physical, mental and spiritual health.2. States Parties to the present Charter shall undertake to pursue the full implementation of this right and in particular shall take measures:(a) to reduce infant and child mortality rate;(b) to ensure the provision of necessary medical assistance and health care to all children with emphasis on the development of primary health care; (c) to ensure the provision of adequate nutrition and safe drinking water;(d) to combat disease and malnutrition within the framework of primary health care through the application of appropriate technology;(e) to ensure appropriate health care for expectant and nursing mothers;(f) to develop preventive health care and family life education and provision of service;(g) to integrate basic health service programmes in national development plans(h) to ensure that all sectors of the society, in particular, parents, children, community leaders and community workers are informed and supported in the use of basic knowledge of child health and nutrition, the advantages of breastfeeding, hygiene and environmental sanitation and the prevention of domestic and other accidents;(i) to ensure the meaningful participation of non-governmental organizations, local communities and the beneficiary population in the planning and management of a basic service programme for children;(j) to support through technical and financial means, the mobilization of local community resources in the development of primary health care for children.
Communication 241/01 - Purohit & Moore c. Gambie
80.Enjoyment of the human right to health as it is widely known is vital to all aspects of a person’s life and well-being, and is crucial to the realisation of all the other fundamental human rights and freedoms. This right includes the right to health facilities, access to goods and services to be guaranteed to all without discrimination of any kind
25/89-47/90-56/91-100/93 : Free Legal Assistance Group, Lawyers' Committee for Human Rights, Union Interafricaine des Droits de l'Homme, Les Témoins de Jehovah v DRC
African Charter on the Rights and Welfare of the Child
ARTICLE 14: HEALTH AND HEALTH SERVICES1. Every child shall have the right to enjoy the best attainable state of physical, mental and spiritual health.2. States Parties to the present Charter shall undertake to pursue the full implementation of this right and in particular shall take measures:(a) to reduce infant and child mortality rate;(b) to ensure the provision of necessary medical assistance and health care to all children with emphasis on the development of primary health care; (c) to ensure the provision of adequate nutrition and safe drinking water;(d) to combat disease and malnutrition within the framework of primary health care through the application of appropriate technology;(e) to ensure appropriate health care for expectant and nursing mothers;(f) to develop preventive health care and family life education and provision of service;(g) to integrate basic health service programmes in national development plans(h) to ensure that all sectors of the society, in particular, parents, children, community leaders and community workers are informed and supported in the use of basic knowledge of child health and nutrition, the advantages of breastfeeding, hygiene and environmental sanitation and the prevention of domestic and other accidents;(i) to ensure the meaningful participation of non-governmental organizations, local communities and the beneficiary population in the planning and management of a basic service programme for children;(j) to support through technical and financial means, the mobilization of local community resources in the development of primary health care for children.
African Charter on the Rights and Welfare of the Child
ARTICLE 14: HEALTH AND HEALTH SERVICES1. Every child shall have the right to enjoy the best attainable state of physical, mental and spiritual health.2. States Parties to the present Charter shall undertake to pursue the full implementation of this right and in particular shall take measures:(a) to reduce infant and child mortality rate;(b) to ensure the provision of necessary medical assistance and health care to all children with emphasis on the development of primary health care; (c) to ensure the provision of adequate nutrition and safe drinking water;(d) to combat disease and malnutrition within the framework of primary health care through the application of appropriate technology;(e) to ensure appropriate health care for expectant and nursing mothers;(f) to develop preventive health care and family life education and provision of service;(g) to integrate basic health service programmes in national development plans(h) to ensure that all sectors of the society, in particular, parents, children, community leaders and community workers are informed and supported in the use of basic knowledge of child health and nutrition, the advantages of breastfeeding, hygiene and environmental sanitation and the prevention of domestic and other accidents;(i) to ensure the meaningful participation of non-governmental organizations, local communities and the beneficiary population in the planning and management of a basic service programme for children;(j) to support through technical and financial means, the mobilization of local community resources in the development of primary health care for children.
African Charter on the Rights and Welfare of the Child
ARTICLE 14: HEALTH AND HEALTH SERVICES1. Every child shall have the right to enjoy the best attainable state of physical, mental and spiritual health.2. States Parties to the present Charter shall undertake to pursue the full implementation of this right and in particular shall take measures:(a) to reduce infant and child mortality rate;(b) to ensure the provision of necessary medical assistance and health care to all children with emphasis on the development of primary health care; (c) to ensure the provision of adequate nutrition and safe drinking water;(d) to combat disease and malnutrition within the framework of primary health care through the application of appropriate technology;(e) to ensure appropriate health care for expectant and nursing mothers;(f) to develop preventive health care and family life education and provision of service;(g) to integrate basic health service programmes in national development plans(h) to ensure that all sectors of the society, in particular, parents, children, community leaders and community workers are informed and supported in the use of basic knowledge of child health and nutrition, the advantages of breastfeeding, hygiene and environmental sanitation and the prevention of domestic and other accidents;(i) to ensure the meaningful participation of non-governmental organizations, local communities and the beneficiary population in the planning and management of a basic service programme for children;(j) to support through technical and financial means, the mobilization of local community resources in the development of primary health care for children.
African Charter on the Rights and Welfare of the Child
ARTICLE 14: HEALTH AND HEALTH SERVICES1. Every child shall have the right to enjoy the best attainable state of physical, mental and spiritual health.2. States Parties to the present Charter shall undertake to pursue the full implementation of this right and in particular shall take measures:(a) to reduce infant and child mortality rate;(b) to ensure the provision of necessary medical assistance and health care to all children with emphasis on the development of primary health care; (c) to ensure the provision of adequate nutrition and safe drinking water;(d) to combat disease and malnutrition within the framework of primary health care through the application of appropriate technology;(e) to ensure appropriate health care for expectant and nursing mothers;(f) to develop preventive health care and family life education and provision of service;(g) to integrate basic health service programmes in national development plans(h) to ensure that all sectors of the society, in particular, parents, children, community leaders and community workers are informed and supported in the use of basic knowledge of child health and nutrition, the advantages of breastfeeding, hygiene and environmental sanitation and the prevention of domestic and other accidents;(i) to ensure the meaningful participation of non-governmental organizations, local communities and the beneficiary population in the planning and management of a basic service programme for children;(j) to support through technical and financial means, the mobilization of local community resources in the development of primary health care for children.
African Charter on the Rights and Welfare of the Child
ARTICLE 14: HEALTH AND HEALTH SERVICES1. Every child shall have the right to enjoy the best attainable state of physical, mental and spiritual health.2. States Parties to the present Charter shall undertake to pursue the full implementation of this right and in particular shall take measures:(a) to reduce infant and child mortality rate;(b) to ensure the provision of necessary medical assistance and health care to all children with emphasis on the development of primary health care; (c) to ensure the provision of adequate nutrition and safe drinking water;(d) to combat disease and malnutrition within the framework of primary health care through the application of appropriate technology;(e) to ensure appropriate health care for expectant and nursing mothers;(f) to develop preventive health care and family life education and provision of service;(g) to integrate basic health service programmes in national development plans(h) to ensure that all sectors of the society, in particular, parents, children, community leaders and community workers are informed and supported in the use of basic knowledge of child health and nutrition, the advantages of breastfeeding, hygiene and environmental sanitation and the prevention of domestic and other accidents;(i) to ensure the meaningful participation of non-governmental organizations, local communities and the beneficiary population in the planning and management of a basic service programme for children;(j) to support through technical and financial means, the mobilization of local community resources in the development of primary health care for children.
African Charter on the Rights and Welfare of the Child
African Charter on the Rights and Welfare of the Child
ARTICLE 1: OBLIGATION OF STATES PARTIES 1. Member States of the Organization of African Unity Parties to the present Charter shall recognize the rights, freedoms and duties enshrined in this Charter and shall undertake to the necessary steps, in accordance with their Constitutional processes and with the provisions of the present Charter, to adopt such legislative or other measures as may be necessary to give effect to the provisions of this Charter.2. Nothing in this Charter shall affect any provisions that are more conductive to the realization of the rights and welfare of the child contained in the law of a State Party or in any other international Convention or agreement in force in that State.3. Any custom, tradition, cultural or religious practice that is inconsistent with the rights, duties and obligations contained in the present Charter shall to the extent of such inconsistency be discouraged.
African Charter on the Rights and Welfare of the Child
African Charter on the Rights and Welfare of the Child
ARTICLE 22: ARMED CONFLICTS1. States Parties to this Charter shall undertake to respect and ensure respect for rules of international humanitarian law applicable in armed conflicts which affect the child.2. States Parties to the present Charter shall take all necessary measures to ensure that no child shall take a direct part in hostilities and refrain in particular, from recruiting any child.3. States Parties to the present Charter shall, in accordance with their obligations under international humanitarian law, protect the civilian population in armed conflicts and shall take all feasible measures to ensure the protection and care of children who are affected by armed conflicts. Such rules shall also apply to children in situations of internal armed conflicts, tension and strife
African Charter on the Rights and Welfare of the Child
ARTICLE 1: OBLIGATION OF STATES PARTIES 1. Member States of the Organization of African Unity Parties to the present Charter shall recognize the rights, freedoms and duties enshrined in this Charter and shall undertake to the necessary steps, in accordance with their Constitutional processes and with the provisions of the present Charter, to adopt such legislative or other measures as may be necessary to give effect to the provisions of this Charter.
African Charter on the Rights and Welfare of the Child
ARTICLE 14: HEALTH AND HEALTH SERVICES1. Every child shall have the right to enjoy the best attainable state of physical, mental and spiritual health.2. States Parties to the present Charter shall undertake to pursue the full implementation of this right and in particular shall take measures:(a) to reduce infant and child mortality rate;(b) to ensure the provision of necessary medical assistance and health care to all children with emphasis on the development of primary health care; (c) to ensure the provision of adequate nutrition and safe drinking water;(d) to combat disease and malnutrition within the framework of primary health care through the application of appropriate technology;(e) to ensure appropriate health care for expectant and nursing mothers;(f) to develop preventive health care and family life education and provision of service;(g) to integrate basic health service programmes in national development plans(h) to ensure that all sectors of the society, in particular, parents, children, community leaders and community workers are informed and supported in the use of basic knowledge of child health and nutrition, the advantages of breastfeeding, hygiene and environmental sanitation and the prevention of domestic and other accidents;(i) to ensure the meaningful participation of non-governmental organizations, local communities and the beneficiary population in the planning and management of a basic service programme for children;(j) to support through technical and financial means, the mobilization of local community resources in the development of primary health care for children.
African Charter on the Rights and Welfare of the Child
ARTICLE 16: PROTECTION AGAINST CHILD ABUSE AND TORTURE1. States Parties to the present Charter shall take specific legislative, administrative, social and educational measures to protect the child from all forms of torture, inhuman or degrading treatment and especially physical or mental injury or abuse, neglect or maltreatment including sexual abuse, while in the care of the child.2. Protective measures under this Article shall include effective procedures for the establishment of special monitoring units to provide necessary 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 of instances of child abuse and neglect.
African Charter on the Rights and Welfare of the Child
ARTICLE 27: SEXUAL EXPLOITATION1. 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 measures to prevent:(a) the inducement, coercion or encouragement of a child to engage in any sexual activity;(b) the use of children in prostitution or other sexual practices;(c) the use of children in pornographic activities, performances and materials.
African Charter on the Rights and Welfare of the Child
ARTICLE 29: SALE, TRAFFICKING AND ABDUCTIONStates Parties to the present Charter shall take appropriate measures to prevent:(a) the abduction, the sale of, or traffic of children for any purpose or in any form, by any person including parents or legal guardians of the child;(b) the use of children in all forms of begging
African Charter on the Rights and Welfare of the Child