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Edmund Amarkwei Foley ,

Edmund Amarkwei Foley , Legal Officer, Institute for Human Rights and Development in Africa (IHRDA). 4 th Forum on the African Charter on the Rights and Welfare of the Child ACRWC as a principal norm-setting instrument to safeguard the rights of children without appropriate care.

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Edmund Amarkwei Foley ,

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  1. Edmund Amarkwei Foley, Legal Officer, Institute for Human Rights and Development in Africa (IHRDA) 4th Forum on the African Charter on the Rights and Welfare of the ChildACRWC as a principal norm-setting instrument to safeguard the rights of children without appropriate care

  2. Outline of Presentation • Key characteristics of the ACRWC • Definition of the duty bearer and duties • Specific provisions affecting children without appropriate care – content of standards • Measure of standards under the ACERWC – State Reporting Guidelines • Tools for CSOs – shadow reporting, communications, investigations

  3. Key characteristics of ACRWC • Tailor-made to the needs of African children (protection from harmful traditional practices, refugee children, etc). • Encompasses all generations of rights (civil, political, economic, social, cultural) emphasising the indivisibility of rights. • Includes duties for children

  4. Duty bearers and Duties • Art. 1 of ACRWC makes the State Parties primary duty bearers to ensure children have appropriate care. • The primary duty is to recognisethe rights of the child and then take legislative and other measures to give effect to the provisions of the ACRWC in accordance with national constitutional processes and standards of the ACRWC.

  5. Duty bearers and duties • Parents – art. 20 gives them the primary duty of upbringing and development of the child. Art 20 also requires State Parties to support parents carry out this duty. • The ACRWC is however replete with other instances where parents and guardians are responsible for fulfilling child rights.

  6. Specific provisions on CWAC • Right to be identified (Art 6(4) – State should ensure that children are not stateless • Right to education especially rights of disadvantaged children (Art 11(3)(e) and continuation of education for pregnant girls (Art 11(6) • Right of effective access to education, and training and protection of handicapped children (Art 13)

  7. Specific provisions on CWAC (ctd) • Right to health and health services (Art 14) – State has a duty to pursue full implementation • Protection of the child from economic exploitation and hazardous work (Art 15). The State also has a duty to ensure full implementation. • Protection from child abuse and torture (Art 16)

  8. Specific provisions on CWAC (ctd) • Right to due process (Art 17) • Protection of the family (Art 18) • Right to parental care and protection (Art 19) • Protection against harmful social and cultural practices (Art 21) • Protection of children from and in armed conflict (Art 22) • Protection of the rights of refugee and IDP children (Art 23)

  9. Specific provisions on CWAC (ctd) • Special protection and assistance in the event of separation from parents (Art 25) • Protection from all forms of sexual exploitation (Art 27) • Protection from drug abuse (Art 28) • Prevention of sale, trafficking and abduction, particularly the use of children in begging (Art 21) • Protection of children of imprisoned mothers (Art 30)

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