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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 ...
Created to defend children and safeguard their innate rights, the African Charter on the Rights and Welfare of the Child (ACRWC) was created. It also serves as the major legal instrument within the African human rights system that clarifies the rights and privileges that African nations must guarantee to their children.
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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In Africa, both the 1981 the African Charter on Human and Peoples' Rights [12] and the 1990 African Charter on the Rights and Welfare of the Child recognize the right to education. [ 13 ] In [Europe], Article 2 of the first Protocol of 20 March 1952 to the European Convention on Human Rights states that the right to education is recognized as a ...
The African Commission on Human and Peoples' Rights (ACHPR) is a quasi-judicial body tasked with promoting and protecting human rights and collective (peoples') rights throughout the African continent as well as interpreting the African Charter on Human and Peoples' Rights (also known as the Banjul Charter or the African Charter) and considering individual complaints of violations of the Charter.