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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:
African Charter on Democracy, Elections and Governance; African Charter on Human and Peoples' Rights; Protocol to the African Charter on Human and Peoples' Rights on the establishment of an African Court on Human and Peoples' Rights; African Charter on the Rights and Welfare of the Child; African Nuclear-Weapon-Free Zone Treaty; African Youth ...
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.
The Committee is made of 11 members who are elected by the Assembly of Heads of State and Government of the African Union. They serve in their personal capacities. They are elected by secret ballot from a list of people nominated by State Parties to the Charter (ACRWC Charter, article 34).
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]
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). [8]
Uganda also ratified the African Charter on Human and Peoples' Rights. [28] Several articles within this charter set out clear obligations to protect human rights. In particular Article 4 and 5 protect everyone's right to life and freedom from bad and cruel treatment. [28] Article 18 specifically identifies the protection for children. [28]
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.