The Foundations of Rights in the African Charter on the Rights and Welfare of the Child: A Historical and Philosophical Account

Kaime, Thoko

doi:10.1163/221097312x13397499737029

Cited by 19 publications

(11 citation statements)

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“…The points made about ineffective laws as hindrance to child protection have long been recognized (Kaime, 2009;Dinbabo, 2013). Although a signatory to laws and covenants protecting affirming the protection of children's rights, Nigeria has underperformed in terms of implementing the provisions of these laws.…”

Section: Discussionmentioning

confidence: 99%

Child Vulnerabilities in Nigeria: What is the Nature of Our Work as Child Protection Social Workers?

Omorogiuwa

2023

Mediterr. J. Soc. Sci.

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Terms like child abuse, child labour, street children, child trafficking, and child marriage underscore the vulnerability of children worldwide, and underpin the imperative of affording them holistic care. Such services must address the underlying factors that elevate their vulnerability as is consistent with the person-in-environment focus of social work. Given our historical commitments and top-notch values, the social work profession, more than any other, is most concerned with the well-being of children. Yet, not much is known of our professional action in Africa, a region near the pyramid's pinnacle in child rights violation. This article presents the findings of a qualitative study, involving five voluntary organizations, which explored the nature of social work services to vulnerable children. Drawing on a constructivist framework, semi-structured interviews were conducted to gather data in Lagos and Abuja, Nigeria, and the results were then thematically analyzed. Findings indicate that social work services for vulnerable children require strengthening, since it does not address the root causes that exacerbate their vulnerability. Suggestions for navigating these challenges are explored. Received: 2 November 2022 / Accepted: 30 December 2022 / Published: 5 January 2023

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Section: Discussionmentioning

confidence: 99%

Child Vulnerabilities in Nigeria: What is the Nature of Our Work as Child Protection Social Workers?

Omorogiuwa

2023

Mediterr. J. Soc. Sci.

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“…As a consequence, the reality of the African child is seldom reflected in the practice, research, systems and structures that are supposed to protect him or her. Various scholars have called for context-specific understandings of child rights and the consideration of African conceptions of childhood (see Hessle, 2011;Kaime, 2009aKaime, , 2009bMidgley, 2006;Mildred and Plummer, 2009;Ochen et al, 2012;Osei-Hwedie and Rankopo, 2008;Rankopo and Osei-Hwedie, 2011) which are often different from Western conceptions. An African conception of childhood includes roles of the family (nuclear and extended), community, child responsibilities and duties to their parents, in providing protection.…”

Section: Discussion and Implications For Research Policy Education And Practicementioning

confidence: 99%

“…The Charter needed just 15 instruments of ratification (less than one-third of OAU member states) for it to come into force, but it took almost a decade to get the required ratifications compared to the UNCRC that took 10 months to enter force (Njungwe, 2009). Despite growing levels of awareness, the ACRWC is generally not well known among children, civil society, the media or governments (Save the Children, 2010), and it has generally remained in the shadows of the UNCRC in influencing discourse on children's rights in Africa (Kaime, 2009b). Awareness and utilization among social workers is also minimal.…”

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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“…The Republic of South Africa has made some efforts in promoting and protecting the best interest of the child by making it categorically clear in terms of section 28 (2) of the Constitution that a child's best interests are of paramount importance in every matter concerning the child. This uncertainty led Thoko Kaime to infer that the concept is indeterminate to such an extent that working with it surely requires the wisdom of the King Solomon (Kaime, 2009). Mahlobogwane also submitted that what is best for a particular child cannot be determined with a firm conviction that it is really the best for every child (Mahlobogwane, 2010).…”

Section: The Best Interest Of the Childmentioning

confidence: 99%

Extra-Marital Child (Walad Al Zina) and His Right to Maintenance (Nafaqah): A Comparason of Islamic Law and South African Common Law

Ngema

Iyer²

2023

Acad. J. Interdiscip. Stud.

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Islamic law forbids fornication and adultery (zina) because they result in several societal problems such as bitterness in relationships, spread of diseases and the confusion of lineage. Any child born because of zina is regarded as walad al zina (an extra-marital child). There is consensus amongst the various Islamic schools of thought (madhab) that an extra-marital child (walad ala zina) has no relationship with his or her biological father. As a result of this absence of connection, the biological father faces no legal obligation to maintain his extra-marital child. On the contrary, every parent regardless of marital status has a full legal obligation to maintain his or her children under the South African common law. It is submitted that the exclusion of an extra-marital child from receiving child maintenance from his biological father merely because he was born outside marriage, does not promote the principle of the best interest of the child at all. Furthermore, the exclusion also constitutes a violation of the child’s equality rights and dignity and is therefore unconstitutional. Received: 21 October 2022 / Accepted: 5 February 2023 / Published: 5 March 2023

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The Foundations of Rights in the African Charter on the Rights and Welfare of the Child: A Historical and Philosophical Account

Cited by 19 publications

References 0 publications

Child Vulnerabilities in Nigeria: What is the Nature of Our Work as Child Protection Social Workers?

Child Vulnerabilities in Nigeria: What is the Nature of Our Work as Child Protection Social Workers?

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

Extra-Marital Child (Walad Al Zina) and His Right to Maintenance (Nafaqah): A Comparason of Islamic Law and South African Common Law

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