Protecting Children’s Rights In Africa: A Critique Of The African Charter On The Rights And Welfare Of The Child

Olowu, Dejo

doi:10.1163/ej.9789004190498.i-527.102

Cited by 10 publications

(15 citation statements)

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“…These commitments provide a basis against which progress in providing for basic survival and development needs, in measures to protect children from abuse and exploitation, and in promoting the participation of children in decisions that affect their lives (Jones and Welch, 2018) can be evaluated. Malawi is also a signatory to the African Charter on the Rights and Welfare of the Child that was brought into force in 1999 in response to the views of African states that African cultural values and experience should be considered in relation to the rights of the child in Africa (Olowu, 2002).…”

Section: Child Protectionmentioning

confidence: 99%

Child Protection and Social Inequality: Understanding Child Prostitution in Malawi

Nkhoma¹,

Charnley²

2018

Preprint

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This article draws on empirical research seeking to develop more nuanced understandings of child prostitution, previously theorised on the basis of children's rights, feminist, and structure/agency debates, largely ignoring children's own understandings of their involvement in prostitution. Conducted in Malawi, one of the economically poorest countries in the world, the study goes to the heart of questions of inequality and child protection. With careful attention to ethical considerations, a participatory approach was used to enable 19 girls and young women, whose involvement in prostitution began in childhood, to convey their own experiences and understandings of involvement. Data were collected using a range of methods, chosen by participants to match their abilities and interests. Data analysis and interpretation were aided by reference to the capability approach focussing on questions of human rights and social justice for women and girls. Generating rare insights into participants' worlds, the research demonstrates how the persistence of deeply embedded cultural values in contexts of extreme poverty serves to sustain gender inequalities, constraining choices for girls and denying them opportunities to lead valued lives. The article ends by considering the theoretical and methodological implications of the study, policy and practice recommendations and opportunities for further research.

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Section: Child Protectionmentioning

confidence: 99%

Child Protection and Social Inequality: Understanding Child Prostitution in Malawi

Nkhoma¹,

Charnley²

2018

Preprint

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“…Save only for a few exceptions, the ACRWC generally guarantees all the rights recognized and protected in the UNCRC (Njungwe, 2009;Olowu, 2011). However, the ACRWC differs in some important ways that are uniquely relevant to the African child.…”

Section: Uncrc and Acrwcmentioning

confidence: 99%

The diffusion of the United Nations Convention on the Rights of the Child (UNCRC) more than the African Charter on the Rights and Welfare of the Child (ACRWC) in Africa: The influence of coercion and emulation

Mbise

2016

International Social Work

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In 1989, the United Nations adopted the Convention on the Rights of the Child (UNCRC), a seminal instrument in protecting the rights of children. Uniquely, this convention was the only one to receive near universal ratification, with African countries comprising half of the first 20 to sign the convention. Ghana was first among these countries to ratify the convention. This set off a bandwagon effect of other African countries quickly ratifying the convention. However, a year later, African governments reacted to their low involvement in the drafting process of the UNCRC and also to what they thought to be an inadequate representation of the real experience of the African child in the UNCRC. Consequently, this group adopted their own version of the convention -the African Charter on the Rights and Welfare of the Child (ACRWC). However, unlike the experience with the UNCRC, African nations were not quick to ratify their own Charter; the ACRWC is hardly discussed in public and policy forums in Africa, and its use among those charged with the protection of children is minimal. Using the lenses of policy diffusion, I assess the influence of coercion and emulation mechanisms on privileging the UNCRC which is used as the main organizing framework for child rights in most African countries. Additionally, I look at how Ghana's political reputation influenced other African adopters, an effect which was not replicated with the ratification of the ACRWC. Implications for social work research, policy and practice are discussed.

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“…Olowu (2002) asserts that the typical framework for the implementation of children’s rights is based on the following four principles: Non-discrimination (equal opportunities for all children); the best interests of the child (the defining factor in all actions and documents relating to the rights of children); the right to life , survival and development (physical and non-physical aspects of children’s health), and the views of the child (the right to be heard and to be taken seriously). He concludes that the Convention on the Rights of the Child (1989) and the African Charter on the Rights and Welfare of the Child (1989) in its barest essence not only sets out children’s rights but also ‘represents a different way of viewing children and the relations between children and the society’ (Olowu, 2002, p. 135). For the purposes of this article, the conceptual framework outlined below will be used to understand the essentials of children’s rights and to guide the authors in the interpretation of the research results.…”

Section: Developing a Framework For The Interpretation And Implementamentioning

confidence: 99%

Towards respecting children’s rights, obligations and responsibilities: The Zimbabwean case

Mhaka-Mutepfa

Maree

Chiganga

2014

School Psychology International

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This article reports on an attempt to demonstrate the importance of putting theory into practice in a way that will impact on the lives of children who are currently being denied their basic rights. Purposive sampling of schools in urban areas in Harare Province, Zimbabwe, was used with data collected from 147 participants (M age ¼ 16.9, SD ¼ 1.38) that was subjected to quantitative analysis. Data were gathered on participants' views on children's rights and obligations and their understanding and implementation of the Bills of Rights. Children acknowledged that their rights were being implemented although inadequately; adults living in urban areas were perceived to have knowledge of children's rights and were said to implement them. To resolve the challenges to the implementation of children's rights and obligations, a multi-sectoral approach is required.

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Protecting Children’s Rights In Africa: A Critique Of The African Charter On The Rights And Welfare Of The Child

Cited by 10 publications

References 0 publications

Child Protection and Social Inequality: Understanding Child Prostitution in Malawi

Child Protection and Social Inequality: Understanding Child Prostitution in Malawi

The diffusion of the United Nations Convention on the Rights of the Child (UNCRC) more than the African Charter on the Rights and Welfare of the Child (ACRWC) in Africa: The influence of coercion and emulation

Towards respecting children’s rights, obligations and responsibilities: The Zimbabwean case

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