African Charter On The Rights and Welfare of The Child - Children's Charter VS. Convention On The Rights of The Child

Children's Charter VS. Convention On The Rights of The Child

The Children's Charter originated because the member states of the AU believed that the CRC missed important socio-cultural and economic realities particular to Africa. It emphasises the need to include African cultural values and experiences when dealing with the rights of the child in such as:

• Challenging traditional African views which often conflict with children's rights such as child marriage, parental rights and obligations towards their children, and children born out of wedlock;

• Expressly saying that the Children's Charter is higher than any custom, tradition, cultural or religious practice that doesn’t fit with the rights, duties and obligations in the Charter;

• The Children's Charter has a clearer definition of the child as a person aged under 18 years old;

• Outright prohibition on the recruitment of children (i.e. under 18 years old) in armed conflict and deals with conscription of children into the armed forces;

• Prohibiting marriages or betrothals involving children;

• Prohibiting the use of children as beggars;

• Granting girls the right to return to school after pregnancy;

• Promoting affirmative action for girls' education;

• Tackling specific African issues that affect children. For example it called for the confrontation and abolishment of apartheid and similar systems; and although, apartheid is now over, this provision is still applicable to children living under regimes practicing ethnic, religious or other forms of discrimination;

• Protecting internally displaced and refugee children;

• Protecting imprisoned expectant mothers and mothers of infants and young children;

• Providing a way for children themselves to petition the Children's Charter's Committee of Experts regarding infringements of their rights;

• Including special reference to care of the child by extended families;

• Encouraging the state to provide support for parents "in times of need";

• Protecting handicapped children.

The fundamental principles guiding implementation of these rights include:

• Non-discrimination;

• The best interests of the child;

• The life, survival and development of the child;

• Child participation;

• Providing for the responsibilities that every child has with regard to their and society, the state and the international community.