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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:
The Charter awards the family protection by the state (Article 18), while "peoples" have the right to equality (Article 19), the right to self-determination (Article 20), to freely dispose of their wealth and natural resources (Article 21), the right to development (Article 22), the right to peace and security (Article 23) and "a generally ...
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.
Other concerns that African states want the charter to address include issues confronting children living under apartheid, child marriage, female genital mutilation (FGM), internal conflicts and displacement, rights of children whose mothers have been incarcerated, unsanitary living conditions, and the role of the family in adoption and fostering.
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]
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.
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 ...