Eroding Childrenâs Rights: An Analysis of the Utility of the African Charter on the Rights and Welfare of the Child to Climate Action in Africa

Elvis Fokala; Nimrod Muhumuza

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Chapter 9 Eroding Childrenâs Rights: An Analysis of the Utility of the African Charter on the Rights and Welfare of the Child to Climate Action in Africa

In: The Social, Economic and Cultural Rights of Children in Africa

Authors:

Elvis Fokala

Elvis Fokala
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Nimrod Muhumuza

Nimrod Muhumuza
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Type:: Chapter

Pages:: 222â245

DOI:: https://doi.org/10.1163/9789004685604_010

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Abstract

Many countries, in Africa, so far, have made commendable progress in protecting childrenâs rights in policy, law and practice thanks to the impact of the provisions of and mechanisms established by the African Charter on the Rights and Welfare of a Child (African Childrenâs Charter). Nevertheless, several challenges that Africaâs children now contend with were beyond the normative foresight of the drafters of the African Childrenâs Charter â privatisation, increased globalisation, once-in-a-century global pandemics and climate change. The impact of climate change threatens to reverse the gains that Africaâs children now enjoy and exacerbates existing challenges to the realisation of childrenâs rights if states are not prepared. Current focus has often been on the United Nations Convention on the Rights of the Childâs (UNCRC) omission to guarantee a right to a safe environment for the worldâs children. A similar examination of the African Childrenâs Charter remains underdeveloped despite its normative and geographical proximity and its implementation mechanisms are better suited to address climate change at the African regional level. This contribution, therefore, analyses the propriety and relevance of the provisions of the African Childrenâs Charter, particularly Articles 11(2) and 14(2)(b) in stemming the existential threat of climate change to Africaâs children. The chapter seeks to determine whether these provisions are robust enough to require African countries to protect children from the detrimental effects of climate change or whether a reimagination or reinterpretation is warranted to avoid the erosion of African childrenâs socio-economic rights.

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The Social, Economic and Cultural Rights of Children in Africa

Challenges and Reflections from the Perspective of the African Charter on the Rights and Welfare of the Child

E-Book ISBN:: 9789004685604

Publisher:: Brill | Nijhoff

Print Publication Date:: 21 Dec 2024

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Chapter 9 Eroding Childrenâs Rights: An Analysis of the Utility of the African Charter on the Rights and Welfare of the Child to Climate Action in Africa

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The Social, Economic and Cultural Rights of Children in Africa

Challenges and Reflections from the Perspective of the African Charter on the Rights and Welfare of the Child

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Chapter 9 Eroding Childrenâs Rights: An Analysis of the Utility of the African Charter on the Rights and Welfare of the Child to Climate Action in Africa