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The Social, Economic and Cultural Rights of Children in Africa
Challenges and Reflections from the Perspective of the African Charter on the Rights and Welfare of the Child
September 2024 marks 100 years since the first internationally recognised reference to children’s rights was drafted. The then League of Nations adopted the Geneva Declaration of the Rights of the Child in September 1924. The Declaration articulates that everyone owes children the right to: means for their development; special help in times of need; priority for relief; economic freedom and protection from exploitation; and an upbringing that instils social consciousness and duty.
At the African regional level, the African Children’s Charter marks 34 years in July 2024 since it was adopted and 25 years in November 2024 since it came into force. This book therefore is a recognition of these milestones as it spotlights selected social, economic and cultural rights of children protected in the African Children’s Charter. The book is a collection of chapters written for policymakers, practioners, advocates, activists, postgraduate students and academics aimed at promoting and protecting children’s social cultural and economic rights in Africa. The book contains valuable scientific information about contemporary children’s socio-economic and cultural rights developments in Africa and serves as an ideal resource for researchers, academics and legal practitioners. The book unquestionably is a thorough investigation and analysis of children’s socio-economic rights in Africa. It is an essential contribution to the debate on children and the law.
At the African regional level, the African Children’s Charter marks 34 years in July 2024 since it was adopted and 25 years in November 2024 since it came into force. This book therefore is a recognition of these milestones as it spotlights selected social, economic and cultural rights of children protected in the African Children’s Charter. The book is a collection of chapters written for policymakers, practioners, advocates, activists, postgraduate students and academics aimed at promoting and protecting children’s social cultural and economic rights in Africa. The book contains valuable scientific information about contemporary children’s socio-economic and cultural rights developments in Africa and serves as an ideal resource for researchers, academics and legal practitioners. The book unquestionably is a thorough investigation and analysis of children’s socio-economic rights in Africa. It is an essential contribution to the debate on children and the law.
Elvis Fokala is a legal scholar and researcher specialising in child law and human rights. He holds a Ph.D. in Public International Law from Åbo Akademi University in Finland. He is the manager of the Children’s Rights Unit at the Centre for Human Rights, Faculty of Law, University of Pretoria. He has extensive and specialised knowledge in Child law, Family law and the Law of Persons.
Usang Maria Assim is a legal scholar and researcher for the Children’s Rights Project at the Dullah Omar Institute at the University of the Western Cape in South Africa. She holds an LLD from the University of the Western Cape. She has written and published on various aspects of human and children’s rights including the right to alternative care, child justice, and children’s socio-economic rights.
Nkatha Murungi is the acting Director of the Centre for Human Rights and Associate Professor in the Faculty of Law at the University of Pretoria. She holds an LLD from the University of the Western Cape in South Africa. She is a researcher in human rights with a keen focus on the rights of vulnerable groups such as children, women, and persons with disabilities, as well as sexual and reproductive health rights.
Usang Maria Assim is a legal scholar and researcher for the Children’s Rights Project at the Dullah Omar Institute at the University of the Western Cape in South Africa. She holds an LLD from the University of the Western Cape. She has written and published on various aspects of human and children’s rights including the right to alternative care, child justice, and children’s socio-economic rights.
Nkatha Murungi is the acting Director of the Centre for Human Rights and Associate Professor in the Faculty of Law at the University of Pretoria. She holds an LLD from the University of the Western Cape in South Africa. She is a researcher in human rights with a keen focus on the rights of vulnerable groups such as children, women, and persons with disabilities, as well as sexual and reproductive health rights.
Foreword
Acknowledgments
List of Figures and Tables
Abbreviations
Notes on Editors and Contributors
1 Introduction: The Protection of Children’s Socio-economic Rights in the African Charter on the Rights and Welfare of the Child
Elvis Fokala
2 Implementation of Socio-economic Rights under the African Charter on the Rights and Welfare of the Child: Challenges in Theory and Practice
Usang Maria Assim
3 A Critical Review of the Right to Health under the African Charter on the Rights and Welfare of the Child
Ebenezer Durojaye
4 Transformative Social Protection for Children in Africa: The Case of South Africa and Mauritius
Musavengana Chibwana
5 The Human Rights to Water and Sanitation for the Girl Child in Africa: Dignity, (Gender) Equality and Opportunity
Ngcimezile Mbano-Mweso
6 Spotlighting the Commitment to Invest in Girl’s Rights in Africa: Leveraging the Girl-Friendly Index
Rongedzayi Fambasayi, Negussie Dejene and Yehualashet Mekonen
7 The Increasing Commercialisation of Education and Its Impact on the Right to Basic Education in Africa
Perekeme Mutu
8 Business and Children’s Rights: Ensuring Corporate Accountability for Children’s Socio-economic Rights in Africa
Precious Eriamiatoe
9 Eroding Children’s Rights: An Analysis of the Utility of the African Charter on the Rights and Welfare of the Child to Climate Action in Africa
Elvis Fokala and Nimrod Muhumuza
10
covid-19
and the Pandemic of Hunger: Lessons from South Africa in Realising the Right to Food of African Children
Oluwafunmilola Adeniyi
11 Budgeting and Financing as a Mechanism to Advance Children’s Socio-economic Rights in Africa
Frejus Lingue
12 A Suitable Approach to Socio-economic Rights? Revisiting the African Children’s Committee’s Decisions in
mrgi
v Mauritania and
ihrda
v Cameroon
Robert Doya Nanima
Index
Acknowledgments
List of Figures and Tables
Abbreviations
Notes on Editors and Contributors
1 Introduction: The Protection of Children’s Socio-economic Rights in the African Charter on the Rights and Welfare of the Child
Elvis Fokala
2 Implementation of Socio-economic Rights under the African Charter on the Rights and Welfare of the Child: Challenges in Theory and Practice
Usang Maria Assim
3 A Critical Review of the Right to Health under the African Charter on the Rights and Welfare of the Child
Ebenezer Durojaye
4 Transformative Social Protection for Children in Africa: The Case of South Africa and Mauritius
Musavengana Chibwana
5 The Human Rights to Water and Sanitation for the Girl Child in Africa: Dignity, (Gender) Equality and Opportunity
Ngcimezile Mbano-Mweso
6 Spotlighting the Commitment to Invest in Girl’s Rights in Africa: Leveraging the Girl-Friendly Index
Rongedzayi Fambasayi, Negussie Dejene and Yehualashet Mekonen
7 The Increasing Commercialisation of Education and Its Impact on the Right to Basic Education in Africa
Perekeme Mutu
8 Business and Children’s Rights: Ensuring Corporate Accountability for Children’s Socio-economic Rights in Africa
Precious Eriamiatoe
9 Eroding Children’s Rights: An Analysis of the Utility of the African Charter on the Rights and Welfare of the Child to Climate Action in Africa
Elvis Fokala and Nimrod Muhumuza
10
Oluwafunmilola Adeniyi
11 Budgeting and Financing as a Mechanism to Advance Children’s Socio-economic Rights in Africa
Frejus Lingue
12 A Suitable Approach to Socio-economic Rights? Revisiting the African Children’s Committee’s Decisions in
Robert Doya Nanima
Index
The book is a collection of chapters written for policymakers, practioners, advocates, activists, postgraduate students and academics.