The African Children’s Charter’s Position on the Socio-economic Rights of Children with Mental Disability
DOI:
https://doi.org/10.25159/2521-2583/11097Keywords:
The African Children’s Charter, African Union, socio-economic rights, United Nations Convention, mental disabilityAbstract
This article discusses the African Charter on the Rights and Welfare of the Child (African Children’s Charter) with the aim to determine its sufficiency in protecting the socio-economic rights of children with mental disabilities in Africa. It has been over thirty-one years since the African Union (AU) adopted the African Children’s Charter. As such, it is imperative to assess some of its contributions so far in protecting the rights of children with mental disabilities in the continent. Additionally, it is of essence to identify and analyse key issues that may have arisen in the implementation of the socio-economic rights of these children. This article also identifies emerging concerns or opportunities for future consideration in relation to the socio-economic rights of children with mental disability. Furthermore, the article makes several recommendations on the duties of relevant stakeholders. The recommendations in this article do not lay emphasis on creating new duties; however, they aim to strengthen existing state party duties under the African Children’s Charter.
References
Adugna M, Nabbouh F, Shehata S and Ghahari S, ‘Barriers and Facilitators to Healthcare Access for Children with Disabilities in Low-and-Middle income Sub-Saharan African Countries: A scoping Review’ (2020) 20 BMC Health Services Research <https://doi.org/10.1186/s12913-019-4822-6> DOI: https://doi.org/10.1186/s12913-019-4822-6
African Commission on Human and People’s Rights, ‘Press Release on the Alleged Abduction of School Girls in Yobe State, Federal Republic of Nigeria 1 March 2018, Banjul, the Republic of The Gambia’ (2014).
African Committee of Experts on the Rights and Welfare of the Child, ‘Concluding Recommendations by the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) on the Republic of Tanzania Report on the Status of Implementation of the African Charter on the Rights and Welfare of the Child’ (2010).
African Committee of Experts on the Rights and Welfare of the Child, ‘Concluding Recommendations by the African Committee of Experts on the Rights and Welfare of the Child on the Republic of South Africa Initial Report on the Status of Implementation of the African Charter on the Rights and Welfare of the Child’ (2012).
African Committee of Experts on the Rights and Welfare of The Child (ACERWC), ‘The Rights of Children with Disabilities: The Duty to Protect, Respect, Promote and Fulfil’ (2014).
African Committee of Experts on the Rights and Welfare of The Child, ‘Concluding Observations and Recommendations of the African Committee of Experts on the Rights and Welfare of the Child to the Government of the United Republic of Tanzania on its Combined Second, Third, and Fourth Periodic Report on the Implementation of the African Charter on the Rights and Welfare of the Child (2017).
African Child Policy Forum, ‘In the Best Interests of the Child: Harmonising Laws in West and Central Africa’ (African Child Policy Forum 2011).
Barican J, Yung D, Schwartz C and others, ‘Prevalence of Childhood Mental Disorders in High-income Countries: A Systematic Review and Meta-analysis to Inform Policymaking’ (2022) 25 Evidence-Based Mental Health DOI: https://doi.org/10.1136/ebmental-2021-300277
<https://doi.org/10.1136/ebmental-2021-300277>
Bella-Awusah T and Omigbodun O, ‘Schools and their Potential to Promote Mental Health for Children in Nigeria’ (2020) 4 The Lancet DOI: https://doi.org/10.1016/S2352-4642(19)30427-4
<https://doi.org/10.1016/S2352-4642(19)30427-4>
Child Rights Now, ‘A Second Revolution: Thirty Years of Child Rights and the Unfinished Agenda’ (2019).
Chirwa D, ‘The Merits and Demerits of the African Charter on the Rights and Welfare of the Child’ (2002) 10 International Journal of Children’s Rights <https://doi.org/10.1163/157181802401005421> DOI: https://doi.org/10.1163/157181802401005421
Colizzi A, Lasalvia A and Ruggeri M, ‘Prevention and Early Intervention in Youth Mental Health: Is it Time for a Multidisciplinary and Trans-diagnostic Model for Care?’ (2020) 14 International Journal of Mental Health System DOI: https://doi.org/10.1186/s13033-020-00356-9
<https://doi.org/10.1186/s13033-020-00356-9>
Cortina M, ‘Prevalence of Child Mental Health Problems in Sub-Saharan Africa: A Systematic Review’ (2012) 166 The Archives of Pediatrics and Adolescent Medicine <https://doi.org/10.1001/archpediatrics.2011.592> DOI: https://doi.org/10.1001/archpediatrics.2011.592
Cortina M, Fazel M, Hlungwani T and others, ‘Childhood Psychological Problems in School Settings in Rural Southern Africa’ (2013) 8 PLOS ONE e65041 <https://doi.org/10.1371/journal.pone.0065041> DOI: https://doi.org/10.1371/journal.pone.0065041
Committee on the Rights of the Child, ‘Summary Record of the 418th Meeting, Held at the Palais des Nations, Geneva, on Monday, 6 October 1997: Committee on the Rights of the Child, 16th session’ (1997).
Department of Women, Children and Persons with Disabilities, Department of Social Development and United Nations Educational, Scientific and Cultural Organisation (UNESCO), ‘Children with Disabilities in South Africa: A Situation Analysis 2001−2011’ (2012).
Girlsnotbrides, ‘African Common Position on the AU Campaign to End Child Marriage in Africa; African Union Extends Campaign to end Child Marriage Until 2017’ (2015).
Guidance, Counselling and Youth Development Centre for Africa, ‘African School Mental Health Curriculum: Understanding Mental Health and Mental Illness’ (2013).
Hansungule Z and Boezaart T, ‘The Socio-economic Rights of Children with Disabilities in South Africa: A Comparison Between the African Charter on the Rights and Welfare of the Child and the Convention on the Rights of Persons with Disabilities’ (2017) 5 African Disability Rights Yearbook <https://doi.org/10.29053/2413-7138/2017/v5n1a3> DOI: https://doi.org/10.29053/2413-7138/2017/v5n1a3
Human Rights Watch, ‘Complicit in Exclusion: South Africa’s Failure to Guarantee an Inclusive Education for Children with Disabilities’ (2015).
Lloyd A, ‘Evolution of the African Charter on the Rights and Welfare of the Child and the African Committee of Experts: Raising the Gauntlet’ (2002) 10 International Journal of Children’s Rights <https://doi.org/10.1163/157181802401005430> DOI: https://doi.org/10.1163/157181802401005430
Mapuranga B and Nyakudzuka J, ‘The Inclusion of Children with Mental Disabilities: A Teacher’s Perspective’ (2014) 1 International Journal of Humanities Social Sciences and Education.
Mezmur B, ‘No Second Chance for First Impressions: The First Amicable Settlement Under the African Children’s Charter’ (2019) 19 African Human Rights Law Journal <https://doi.org/10.17159/1996-2096/2019/v19n1a4> DOI: https://doi.org/10.17159/1996-2096/2019/v19n1a4
Mezmur B and Kahbila M, ‘Follow-up as a “Choice-less Choice”: Towards Improving the Implementation of Decisions on Communications of the African Children’s Committee’ (2018) 18 African Human Rights Yearbook.
Moore M, McDonald M, Carlon L and, O'Rourke K, ‘Early Childhood Development and the Social Determinants of Health Inequities’ (2015) 30 Health Promotion International <https://doi.org/10.1093/heapro/dav031> DOI: https://doi.org/10.1093/heapro/dav031
Owen J, Baig B, Abbo B and and Yonas Baheretibeb, ‘Child and Adolescent Mental Health in sub-Saharan Africa: A Perspective from Clinicians and Researchers’ (2016) 13 British Journal of Psychiatry International <https://doi.org/10.1192/S2056474000001136> DOI: https://doi.org/10.1192/S2056474000001136
Save the Children, ‘See me, hear me: A Guide to Using the UN Convention on the Rights of Persons with Disabilities to Promote the Rights of Children’ (2009).
Shehu A, ‘The Enforcement of Social and Economic Rights in Africa: the Nigerian Experience’ (2013) 2 Journal of Sustainable Development Law and Policy.
Sloth-Nielsen J, ‘A Developing Dialogue – Children’s Rights, Children’s Law and Economics: Surveying Experiences for Southern and Eastern Africa.’ (2008) 12 European Journal of Comparative Law.
Soni A, M Soto and Lynch P, ‘A Review of the Factors Affecting Children with Disabilities Successful Transition to Early Childhood Care and Primary Education in sub-Saharan Africa’ (2021) 20 Journal of Early Childhood Research <https://doi.org/10.1177/1476718X211035428> DOI: https://doi.org/10.1177/1476718X211035428
Tanzania, Consolidated 2nd, 3rd and 4th Reports on the Implementation of the African Charter on the Rights and Welfare of the Child by the Government of the United Republic of Tanzania (2015).
UNHCR, ‘United Nations Convention on the Rights of the Child’ (1989) (The Convention).
UNICEF, ‘The African Charter on the Rights and Welfare of the Child’ 1990 (The African Children’s Charter).
UNICEF, ‘The State of the World’s Children 2021: On my Mind – Promoting, Protecting and Caring for Children’s Mental Health’ (2021).
UNICEF, ‘Generation 2030 Africa 2.0: Prioritizing Investments in Children to Reap the Demographic Dividend’ (2007).
UNICEF, ‘Promoting the Rights of Children with Disability’ (2007).
United Nations Sustainable Development Goals ‘Leaving No One Behind. A UNSDG Operational Guide for UN Country Teams’ (2019).
UNICEF, ‘Promoting the Rights of Children with Disability’ (2007).
UNICEF ‘Review of Progress in the Advancement of Child Rights in Africa: Reflecting on the Past and Future Challenges and Opportunities’ (2020) <https://www.unicef.org/evaldatabase/files/Review_of_child_rights_in_Africa_FULL_REPORT_FINAL_18_March_2020.pdf> 5 July 2021.
UNICEF ‘Generation 2030 Africa 2.0: Prioritizing Investments in Children to Reap the Demographic Dividend’ (2017).
UNESCO, ‘World Declaration on Education for All and Framework for Action to Meet Basic Learning Needs’ (1990).
WHO, ‘World Report on Disability’ (2011).
WHO, ‘Access to Mental Health and Psychosocial Support Services Remains Unequal for Children and Adolescents in Africa, Alert UNICEF and WHO’ (2021).
Downloads
Published
How to Cite
Issue
Section
Accepted 2022-11-08
Published 2023-04-14
