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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
September 2024 marks 100 years since the first internationally recognised reference to childrenâs rights was drafted. The then League of Nations adopted the Geneva Declaration of the Rights of the Child in September 1924. The Declaration articulates that everyone owes children the right to: means for their development; special help in times of need; priority for relief; economic freedom and protection from exploitation; and an upbringing that instils social consciousness and duty.
At the African regional level, the African Childrenâs Charter marks 34 years in July 2024 since it was adopted and 25 years in November 2024 since it came into force. This book therefore is a recognition of these milestones as it spotlights selected social, economic and cultural rights of children protected in the African Childrenâs Charter. The book is a collection of chapters written for policymakers, practioners, advocates, activists, postgraduate students and academics aimed at promoting and protecting childrenâs social cultural and economic rights in Africa. The book contains valuable scientific information about contemporary childrenâs socio-economic and cultural rights developments in Africa and serves as an ideal resource for researchers, academics and legal practitioners. The book unquestionably is a thorough investigation and analysis of childrenâs socio-economic rights in Africa. It is an essential contribution to the debate on children and the law.
At the African regional level, the African Childrenâs Charter marks 34 years in July 2024 since it was adopted and 25 years in November 2024 since it came into force. This book therefore is a recognition of these milestones as it spotlights selected social, economic and cultural rights of children protected in the African Childrenâs Charter. The book is a collection of chapters written for policymakers, practioners, advocates, activists, postgraduate students and academics aimed at promoting and protecting childrenâs social cultural and economic rights in Africa. The book contains valuable scientific information about contemporary childrenâs socio-economic and cultural rights developments in Africa and serves as an ideal resource for researchers, academics and legal practitioners. The book unquestionably is a thorough investigation and analysis of childrenâs socio-economic rights in Africa. It is an essential contribution to the debate on children and the law.
Elvis Fokala is a legal scholar and researcher specialising in child law and human rights. He holds a Ph.D. in Public International Law from Ã
bo Akademi University in Finland. He is the manager of the Childrenâs Rights Unit at the Centre for Human Rights, Faculty of Law, University of Pretoria. He has extensive and specialised knowledge in Child law, Family law and the Law of Persons.
Usang Maria Assim is a legal scholar and researcher for the Childrenâs Rights Project at the Dullah Omar Institute at the University of the Western Cape in South Africa. She holds an LLD from the University of the Western Cape. She has written and published on various aspects of human and childrenâs rights including the right to alternative care, child justice, and childrenâs socio-economic rights.
Nkatha Murungi is the acting Director of the Centre for Human Rights and Associate Professor in the Faculty of Law at the University of Pretoria. She holds an LLD from the University of the Western Cape in South Africa. She is a researcher in human rights with a keen focus on the rights of vulnerable groups such as children, women, and persons with disabilities, as well as sexual and reproductive health rights.
Usang Maria Assim is a legal scholar and researcher for the Childrenâs Rights Project at the Dullah Omar Institute at the University of the Western Cape in South Africa. She holds an LLD from the University of the Western Cape. She has written and published on various aspects of human and childrenâs rights including the right to alternative care, child justice, and childrenâs socio-economic rights.
Nkatha Murungi is the acting Director of the Centre for Human Rights and Associate Professor in the Faculty of Law at the University of Pretoria. She holds an LLD from the University of the Western Cape in South Africa. She is a researcher in human rights with a keen focus on the rights of vulnerable groups such as children, women, and persons with disabilities, as well as sexual and reproductive health rights.
Foreword
Acknowledgments
List of Figures and Tables
Abbreviations
Notes on Editors and Contributors
1âIntroduction: The Protection of Childrenâs Socio-economic Rights in the African Charter on the Rights and Welfare of the Child
ââElvis Fokala
2âImplementation of Socio-economic Rights under the African Charter on the Rights and Welfare of the Child: Challenges in Theory and Practice
ââUsang Maria Assim
3âA Critical Review of the Right to Health under the African Charter on the Rights and Welfare of the Child
ââEbenezer Durojaye
4âTransformative Social Protection for Children in Africa: The Case of South Africa and Mauritius
ââMusavengana Chibwana
5âThe Human Rights to Water and Sanitation for the Girl Child in Africa: Dignity, (Gender) Equality and Opportunity
ââNgcimezile Mbano-Mweso
6âSpotlighting the Commitment to Invest in Girlâs Rights in Africa: Leveraging the Girl-Friendly Index
ââRongedzayi Fambasayi, Negussie Dejene and Yehualashet Mekonen
7âThe Increasing Commercialisation of Education and Its Impact on the Right to Basic Education in Africa
ââPerekeme Mutu
8âBusiness and Childrenâs Rights: Ensuring Corporate Accountability for Childrenâs Socio-economic Rights in Africa
ââPrecious Eriamiatoe
9âEroding Childrenâs Rights: An Analysis of the Utility of the African Charter on the Rights and Welfare of the Child to Climate Action in Africa
ââElvis Fokala and Nimrod Muhumuza
10âcovid-19 and the Pandemic of Hunger: Lessons from South Africa in Realising the Right to Food of African Children
ââOluwafunmilola Adeniyi
11âBudgeting and Financing as a Mechanism to Advance Childrenâs Socio-economic Rights in Africa
ââFrejus Lingue
12âA Suitable Approach to Socio-economic Rights? Revisiting the African Childrenâs Committeeâs Decisions inmrgi  v Mauritania and ihrda  v Cameroon
ââRobert Doya Nanima
Index
Acknowledgments
List of Figures and Tables
Abbreviations
Notes on Editors and Contributors
1âIntroduction: The Protection of Childrenâs Socio-economic Rights in the African Charter on the Rights and Welfare of the Child
ââElvis Fokala
2âImplementation of Socio-economic Rights under the African Charter on the Rights and Welfare of the Child: Challenges in Theory and Practice
ââUsang Maria Assim
3âA Critical Review of the Right to Health under the African Charter on the Rights and Welfare of the Child
ââEbenezer Durojaye
4âTransformative Social Protection for Children in Africa: The Case of South Africa and Mauritius
ââMusavengana Chibwana
5âThe Human Rights to Water and Sanitation for the Girl Child in Africa: Dignity, (Gender) Equality and Opportunity
ââNgcimezile Mbano-Mweso
6âSpotlighting the Commitment to Invest in Girlâs Rights in Africa: Leveraging the Girl-Friendly Index
ââRongedzayi Fambasayi, Negussie Dejene and Yehualashet Mekonen
7âThe Increasing Commercialisation of Education and Its Impact on the Right to Basic Education in Africa
ââPerekeme Mutu
8âBusiness and Childrenâs Rights: Ensuring Corporate Accountability for Childrenâs Socio-economic Rights in Africa
ââPrecious Eriamiatoe
9âEroding Childrenâs Rights: An Analysis of the Utility of the African Charter on the Rights and Welfare of the Child to Climate Action in Africa
ââElvis Fokala and Nimrod Muhumuza
10â
ââOluwafunmilola Adeniyi
11âBudgeting and Financing as a Mechanism to Advance Childrenâs Socio-economic Rights in Africa
ââFrejus Lingue
12âA Suitable Approach to Socio-economic Rights? Revisiting the African Childrenâs Committeeâs Decisions in
ââRobert Doya Nanima
Index
The book is a collection of chapters written for policymakers, practioners, advocates, activists, postgraduate students and academics.