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The best interests of the child and the respect for the views of the child are pillars designed and recognised in international children’s law as principles on which children’s rights in general evolve. Both principles operate across a wide range of issues relating to and related to children. A combination of both principles in an attempt to claim particular children’s rights is also possible and together accentuate the fact that children’s rights are interrelated and stronger when combined. This article attempts a combination of both principles in interpreting the intricacy and the impact both principles have had in aiding the court make decisions in favour of a child in child custody cases – the focus will be on the decisions in the Finnish case of Merkelback v. Illges-Merkelback and the Irish case of Nk v. Sk.
Abstract
The question of statelessness is an incessant challenge in Africa. Stateless persons are often denied basic human rights due to lack of a nationality. The situation of children in Kenya – that are of Nubian descent – is illustrative of the plight faced by stateless persons. The African Committee of Experts on the Rights and Welfare of the Child has attempted to address this challenge in its first decision, made public in 2011. This article considers this decision, analysing its strengths and weaknesses as well as the potential impact of the decision.
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 draft. 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, legal practitioners. The book unquestionably is a thorough investigation and analyses 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, legal practitioners. The book unquestionably is a thorough investigation and analyses of children’s Socio-economic rights in Africa. It is an essential contribution to the debate on children and the law.
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 draft. 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, legal practitioners. The book unquestionably is a thorough investigation and analyses 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, legal practitioners. The book unquestionably is a thorough investigation and analyses of children’s Socio-economic rights in Africa. It is an essential contribution to the debate on children and the law.