From Lofty Jargon to Durable Solutions: Unaccompanied Refugee Children and the African Charter on the Rights and Welfare of the Child

Kaime, Thoko

doi:10.1093/ijrl/16.3.336

Cited by 3 publications

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“…36 Art 4(1) of the African Charter provides that the best interests of the child is 'the primary consideration', in contrast to the UN Convention on the Rights of the Child where it is simply 'a an obligation on states to 'take all appropriate measures to eliminate harmful social and cultural practices affecting the welfare, dignity, normal growth and development of the child and in particular: those customs and practices prejudicial to the health or life of the child; and those customs and practices discriminatory to the child on the grounds of sex or other status'. 37 With its prohibition on child marriage, 38 added protection in relation to armed conflicts, 39 for children of imprisoned mothers, 40 and children who are internally displaced, 41 it is worthy of greater attention that it has so far received. In the seminal case relating to the oil exploration in Nigeria and the impact on the Ogoni people, 42 the African Commission made major contributions to international law by finding violations of both individual and peoples' rights to health and shelter, a safe and satisfactory environment, disposal of wealth and natural resources and food.…”

Section: The Contribution Of African Institutionsmentioning

confidence: 99%

International Human Rights: Neglect of Perspectives From African Institutions

Murray¹

2006

ICLQ

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International human rights law advocates tolerance, inclusivity and the promotion of equality among peoples, nations and individuals across the world. It seems disappointing, therefore, that these standards do not always apply to the discipline of international human rights law itself. Instead there seems to be a hierarchy in the international human rights system. Others have written about such an approach in relation to different types of rights,1 reflecting political power struggles.2 This paper will consider whether African institutions are ‘third generation’ organs and perceived as of less value than others. It will argue that international human rights law has focused primarily on European and Western sources and neglected those from other jurisdictions. It has failed, therefore, to use African institutions, for instance, to provide examples of good practice, relying on them only as examples of what not to do. As Okafor and Agbakwa state, there is evidence of a one-way traffic, with Western scholars giving the impression that they feel they have little to learn from African institutions and their experiences:

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Section: The Contribution Of African Institutionsmentioning

confidence: 99%

International Human Rights: Neglect of Perspectives From African Institutions

Murray¹

2006

ICLQ

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“…To a lesser extent, publications also relate to North America (US/Canada) and Australia, some of which adopt a comparative approach. Overall, there is a lack of published research on Africa (but see, e.g., Kaime, 2004;Tolfree, 2004), Asia (but see, e.g., Suleiman AlMakhamreh and Hutchinson, 2018;O'Donnell, 1994;Samuels, 1997), Latin America (but see, e.g., Holguín and Kapur, 2018;Goldberg 2018). Within Europe, most country-specific studies address Scandinavia and Western Europa, in particular Sweden, followed by the United Kingdom, Ireland, the Netherlands, Belgium, Norway and Denmark.…”

Section: Introductionmentioning

confidence: 99%

Thirty Years of Research on Children’s Rights in the Context of Migration

Brittle

Desmet

2020

Int. J. Child. Rights

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This article presents a tentative analysis of 30 years of academic research in the field of children’s rights and migration (1989–2019). Much research has addressed the plight of unaccompanied, refugee and asylum-seeking children, trying better to link children’s rights considerations with international refugee law. Many publications address the best interests of the child principle and the right to be heard. Most research focuses on (migration towards) Europe. This has led to an increased visibility and recognition of children’s rights in the context of migration. However, there are still various blind spots in the research reviewed. Most research focuses on some children, but not all (e.g., accompanied children), on some rights, but not all (e.g., economic, social and cultural rights), and on some types of migration, but not all (e.g., economic migration). Moreover, refugee and migrant children tend to be studied as a group, which risks reducing attention for their internal diversity.

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Conclusion: Durable Solutions During Transient Years: Lessons Learned

Goździak

Ensor

2016

Children and Forced Migration

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From Lofty Jargon to Durable Solutions: Unaccompanied Refugee Children and the African Charter on the Rights and Welfare of the Child

Cited by 3 publications

References 0 publications

International Human Rights: Neglect of Perspectives From African Institutions

International Human Rights: Neglect of Perspectives From African Institutions

Thirty Years of Research on Children’s Rights in the Context of Migration

Conclusion: Durable Solutions During Transient Years: Lessons Learned

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