Chapter 3 • The Major Regional Human Rights Instruments and the Mechanisms for Their Implementation
2.2.1 The undertakings of the States parties
The States parties “shall recognize the rights, freedoms and duties enshrined
in [the] Charter and shall undertake to take the necessary steps, in accordance with their
constitutional processes and with the provisions of the ... Charter, to adopt such
legislative or other measures as may be necessary to give effect to the provisions”
thereof (art. 1(1)). It is noteworthy that “any custom, tradition, cultural or religious
practice that is inconsistent with the rights, duties and obligations contained in the ...
Charter shall to the extent of such inconsistency be discouraged” (art. 1(3)).
2.2.2 The rights recognized
For the purposes of the African Charter on the Rights and Welfare of the
Child, a child means every human being below the age of 18 (art. 2), and, in all actions
concerning the child undertaken by any person or authority, the best interests of the
child shall be the primary consideration (art. 4(1)). The Charter further guarantees the
following rights and principles, in particular:
v the principle of non-discrimination – art. 3;
v the right to survival and development, including the right to life and prohibition of
the death penalty – art. 5;
v the right to a name and a nationality – art. 6;
v the right to freedom of expression – art. 7;
v the right to freedom of association and of peaceful assembly – art. 8;
v the right to freedom of thought, conscience and religion – art. 9;
v the right to protection of one’s privacy, family, home and correspondence – art. 10;
v the right to education – art. 11;
v the right to leisure, recreation and cultural activities – art. 12;
v the right to special protection of handicapped children – art. 13;
v the right to health and health services – art. 14;
v the right to protection against economic exploitation and hazardous work – art. 15;
v the right to protection against child abuse and torture – art. 16;
v the administration of juvenile justice: the right to special treatment of young
offenders – art. 17;
v the right to protection of the family unit – art. 18;
v the right to parental care and protection -. art. 19;
v parental responsibilities – art. 20; and
v the right to protection against harmful social and cultural practices – art. 21.
The African Charter further contains provisions concerning:
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armed conflicts – art. 22;
refugee children – art. 23;
adoption – art. 24;
separation from parents – art. 25;
Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers