clear violation of Article 16 of the African Children’s Charter which requires the State
Party to protect children from physical, mental, injury, abuse, neglect, maltreatment
and torture.
G. Alleged violation of Article 21 (protection against harmful social and cultural
practices)
69.According to Article 21(1)(a) of the African Children’s Charter, States Parties are
under obligation to take measures towards the elimination of harmful social and
cultural practices which endanger the health or life of the child. Furthermore, Article
1(3) of the Charter provides that:
Any custom, tradition, culture 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.
70.A harmful practice, according to the UN Committee on the Rights of the Child and
the Committee on the Convention on Elimination of all forms of Discrimination
against Women (CEDAW), should meet the following criteria;
(a) They constitute a denial of the dignity and/or integrity of the individual and a
violation of human rights and fundamental freedoms enshrined in the two
Conventions;
(b) They constitute discrimination against women or children and are harmful
insofar as they result in negative consequences for them as individuals or
groups, including
physical, psychological, economic and social harm and/or
violence and limitations on their capacity to participate fully in society or develop
and reach their full potential;
(c) They are traditional, re-emerging or emerging practices that are prescribed
and/or kept in place by social norms that perpetuate male dominance and
inequality of
women and children, based on sex, gender, age and other
intersecting factors;
They are imposed on women and children by family, community members, or
society at large, regardless of whether the victim provides, or is able to provide,
full, free and informed consent.*?
71.Therefore,
States Parties must take legislative, administrative and other appropriate
measures to abolish any practice inconsistent with the Charter. Using children in any
form of begging is one form of harmful practice which is clearly prohibited under
Article 29 of the African Children’s Charter; and the State must take all the
necessary steps to restrict such practice.
*° Committee on the Rights of the Child and Committee on the Elimination of Discrimination against Women, Joint
general recommendation/general comment No. 31 on the Rights of the Child on harmful practices, November 2014,
para 15
19)