The African Charter on the Rights and Welfare of the Child: A socio-legal perspectiveby Thoko Kaime2009ISBN: 978-0-9814420-4-4Pages: xii 247Print version: AvailableElectronic version: Free PDF available.

This collection is anchored in an African conception of children's rights and the law, and reflects contemporary discourses taking place in the region of the children's rights sphere. The majority of contributors are African and adopt an individual approach to their topic which reflects their first-hand experience. The book focuses on child rights issues which have particular resonance on the continent and the chapters span themes which are both broad and narrow, containing subject matter which is both theoretical and illuminated by practice. The book profiles recent developments and experiences in furthering children's legal rights in the African context, and distils from these future trends the specific role that the law can play in the African children's rights environment.

The African Charter on the Rights and Welfare of the Child is a unique regional instrument for the protection of children's rights which was established in 1990 by the then Organization of African Unity. It provides for the establishment of a dedicated monitoring body to oversee the implementation of its provisions in the African context, namely the African Committee of Experts on the Rights and Welfare of the Child (ACERWC). This volume draws together a group of leading, mostly African, scholars to assess the achievements and effectiveness of the Charter, the Committee and the children's rights. The book is both backward and forward looking, a reflection on successes and achievements of the past, as well as setting an agenda for the future. The authors adopt a socio-legal approach, so ensuring that the book will be of value to disciplines outside of the legal field.

The 1989 International Convention on the Rights of the Child (CRC) and the 1990 African Charter on the Rights and Welfare of the Child (ACRWC) are two major international treaties protecting minors. Each treaty gives rise to new perspectives on children’s rights, and enshrine the principles of the best interests of the child and of children’s ownership of rights. The ACRWC incorporates the CRC’s rights while taking into consideration the specificity of the African context, striving to balance the rule of law with local customs. This book seeks to illustrate the rights and duties enshrined in the ACRWC, as well as the responsibilities established therein regarding the protection of minors. The role of the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) will also be examined, in particular its activity of monitoring the States Parties’ implementation of the ACRWC and its institutional powers in exercising its powers. Finally, the book will analyse the progress made by the States Parties to the treaties. The focus will be both on the formal aspect of harmonizing national legal systems and the international rights, and on the substantive “steps required” of States Parties to reach the “opinion of law or necessity” that the ACRWC’s provisions should be perceived, first and foremost, as necessary and socially useful, as well as legally binding.

At the African regional level, the African Children's 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 Children's Charter.