Enzamaria Tramontana

The UN Convention on the Rights of the Child's Role in Litigation Before the Committee of Experts of the African Children's Charter

  • Abstract

Informations and abstract

Keywords: African Human Rights System; African Charter on the Rights and Welfare of the Child; African Committee of Experts on the Rights and Welfare of the Child; UN Convention on the Rights of the Child; Children’s Rights; Judicial Dialogue.

On the occasion of the 30th anniversary of the UN Convention on the Rights of the Child, this article contributes to a reflection about the Convention’s impact on domestic and international case law by investigating its role in, and implications for, litigation before the African Committee of Experts on the Rights and Welfare of the Child. To this end, the analysis starts by tracing the core aspects of the African Charter on the Rights and Welfare of the Child, and by comparing its content to that of the UN Convention. It then investigates the extent to which, in its practice, the African Committee has engaged with (or, indeed, ignored or overlooked) the UN Convention, and critically assesses whether the latter has so far had any meaningful impact on the African Children’s Committee’s case law. Finally, it provides some concluding observations on the importance of judicial dialogue and crossfertilization in the field of children’s rights.

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