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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:
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]
The ACERWC draws its mandate from articles 32–46 of the African Charter on the Rights and Welfare of the Child (ACRWC), which was adopted by the Organization of African Unity (OAU) Heads of State and Government on 11 July 1990 and came into force on 29 November 1999.
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.
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.
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 ...
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The protection of the family and vulnerable groups is specified under the African Charter on Human and People's Rights in Article 18, stating: 1. The family shall be the natural unit and basis of society. It shall be protected by the State which shall take care of its physical health and moral. 2.