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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:
Candidates are required to be of high moral standing, integrity, impartiality and competence in matters of the rights and welfare of children. Under the Charter, terms are for five years, but to avoid the departure of all 11 members after the first term, article 37 provided for the terms of two members to expire after two years and six after ...
The African Charter is a human rights document made up of 68 articles carved up into four sections—Human and Peoples' Rights; Duties; Procedure of the Commission; and Applicable Principles. It merges the three clusters of rights, namely, civil and political rights, economic, social, and cultural rights, and group and peoples' rights.
Through a decision by the African Commission on Human and Peoples' Rights, SERAC v Nigeria (2001), the Charter is also understood to include a right to housing and a right to food as "implicit" in the Charter, particularly in light of its provisions on the right to life (Art. 4), right to health (Art. 16) and to development (Art. 22).
The main legal instruments of African Union law include the Constitutive Act of the African Union, [4] the African Charter on Human and Peoples' Rights, [5] the African Charter on the Rights and Welfare of the Child, the African Charter on Democracy, Elections and Governance [6] and the Treaty Establishing the African Economic Community. [7]
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As of 2022, 42 out of 55 countries in Africa have signed it. Most countries in Africa have ratified the United Nations Convention on the Rights of the Child and African Charter on the Rights and Welfare of the Child, which provide a right to sexual and reproductive healthcare for minors. [8]
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