The thesis argues that there is a common core conception of childhood in traditional African communities and that this understanding of childhood is different from the image of childhood in the Convention on the Rights of the Child and the African Children‟s Charter. In order to successfully implement children‟s rights in Africa care must be taken to ensure that the cultural norms and values that inform the conception of childhood in Africa is accommodated. Failure to do this is problematic on at least two grounds. First, it increases the economic and social costs of implementing children‟s rights in many African communities. Second, implementing children‟s rights norms that are considered by some communities in Africa as alien without adopting those norms to the African context will continue to increase the resistance of local communities to children‟s rights. Such an approach will be seen as replacing local cultural values with alien cultural norms. This could result in multiple-lived experience for children, weakened family structures and support and, possibly, compromised cultural identities of children. To minimise these consequences, the thesis recommends the application of the norms in these two children‟s rights treaties in a context-and child-specific manner. It is further argued that a „universal pluralistic‟ theoretical framework will facilitate reasonable deference to local contexts that further the cause of children‟s rights and. / Dissertation (MSc)--University of Pretoria, 2014. / Centre for Human Rights / LLD / Unrestricted

Some worry has been expressed in human rights circles that the human rights archetype has for some time now, disproportionately preoccupied itself with the culture of rights and claims at the expense of individuals? duties and responsibilities. A claim is made that while rights are individualistic, self-seeking, unworldly, self-indulgent and anti-social, individual duties and responsibilities are collective, social, humane, nuanced and associated with correct traditional and social behaviour and human values. The language of rights has dominated the texts of bills of rights in constitutions, and international instruments, and many view this rhetoric as unproblematic. Others, however, consider the currency of that language as overlooking, with dire consequences to human society, the concept of duty as the missing link of human dignity. There have, accordingly, been calls for a renewed focus on individual duties and responsibilities in the human rights discourse. The question is whether focussing on individual responsibility is necessary to counterbalance what is viewed by some as a bias towards rights. Efforts to raise international consciousness of what is regarded as the limitation of a purely rights-based approach to human rights has been spearheaded by, among others, faith based organisations. These have advocated not only a more visible recognition of individual duties and responsibilities generally, but an international declaration of human responsibilities as a ?common standard for all people and all nations.? The calls being made are premised on, first, a view that a device in the form of an international declaration ? a set of international rules ? should be developed to change the current human rights architecture. This code of ethical obligations is necessary to guide and change individual behaviour. Second, a belief that greater emphasis should be laid on individual duty responsibility to supplement existing international human rights norms and standards, and finally, that human rights principles alone are inadequate for modern societies to regulate themselves well. With particular reference to perspectives from the African Charter based human rights system, this project interrogates these concerns regarding duties with a view to ascertaining whether there is justification in them. Using as a reference point the concept of duties in the African Charter and to a small extent that in the African Children's Charter, which represents the older ii and more established part of the African human rights system, the project concludes that although individuals? duties are important and deserve greater attention, there is no convincing case for the calls that are being made in this regard. / Thesis (LLD)--University of Pretoria, 2017. / Centre for Human Rights / LLD / Unrestricted

"The prevailing realities of 'severely depressed' African economies make it difficult for children to enjoy the socio-economic rights guaranteed under the Children's Charter. This study takes the view that the responsibility of parents and the obligations of the state towards children's socio-economic rights must be mutually supportive. It therefore proposes the need for balancing parental responsibility and state obligations in the struggle to ensure that the socio-economic rights of children across the continent are met, albeit, under difficult economic circumstances. ... The study is divided into five chapters. Chapter 1 has highlighted the structure of the entire discourse. Chapter 2 deals with the general perspectives of the socio-economic rights of children within the broad context of international human rights law. An overview of the normative and procedural framework of the Convention on the Rights of the Child is given. The chapter also examines the normative and procedural framework available for the protection of the child at the African regional level, the starting point of which is the African Charter on Human and Peoples' Rights and eventually narrowed down to the African Charter on the Rights and Welfare of the Child. Chapter 3 addresses the concept of parental responsibility. In particular, Africa's notion of parental responsibility is critically analyzed as a factor that makes a crucial difference to the interpretations of the underlying assumptions in the Children's Charter that the socio-economic rights of children could be met through the African communal and extended family network. Chapter 4 deals with states obligations in respect of the socio-economic rights of children. The South African jurisprudence on the rights of the child is also discussed in this chapter. The chapter also highlights the interplay between parental responsibility and state obligations in fulfilling the socio-economic rights of children. Chapter 5 consists of conclusions of the essay." -- Chapter 1. / Thesis (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2003. / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

Doctor Legum - LLD / In Africa generally, orphaned and vulnerable children are traditionally cared for by their relatives or close family friends; this is an abiding practice even in contemporary times. This was historically considered to be a moral obligation binding on different relatives in different ways or at differing levels. In the face of the increasing complexities and changing demographics in African societies, high levels of poverty and socioeconomic inequalities as well as the incidence of HIV and AIDS, among others, the traditional family continues to undergo structural changes and experience various challenges which make child rearing responsibilities difficult to cope with especially in the context of loss of parental care. Nonetheless, the extended family system still bears the greatest burden in caring for such children, despite the obligation of governments to provide alternative care for children without parental care. The care of children who have become deprived of parental care by other relatives/family members or family friends is generally described as kinship care. This study seeks to examine kinship care against the background of international children’s rights law as encapsulated in the United Nations Convention on the Rights of the Child, the United Nations Guidelines on the Alternative Care of Children and the African Charter on the Rights and Welfare of the Child, among others. Thus, this research seeks answers to a number of related research questions such as: Does the international children’s rights framework recognise or provide for kinship care as a measure of alternative care for children deprived of a family environment? What is the history and practice of kinship care in Africa and what are the challenges confronting kinship care in contemporary African societies? What is the relationship between kinship care and the child protection system? And what forms of support are available for kinship care at both the international and national levels? Four main themes are considered in separate chapters of the thesis as follows: the contextual and historical background to kinship care in Africa; the international and regional legal framework on the right to alternative care; the conceptualisation of kinship care as alternative care; and the law and practice of kinship care in selected domestic jurisdictions. South Africa and Namibia are the main focus of this study in the chapter on the status of kinship care at the domestic level. This is mainly because both countries have made some progress in the attempts at (legally) providing for kinship care and addressing some of its attendant challenges, with a particular emphasis on the provision of support for kinship care.

"This paper is therefore inspired to look at education with respect to girl children in Africa. This paper, by drawing inspriation from other settings, is also motivated by the need to find solutions on how best the rights of the girl child can be protected in conjuction with the educational policy of African countries. ... The study is divided into six chapters. Chapter one provides the context in which the study is set, the objectives of the study and its importance. Chapter two examines the importance of the right to education and in education and takes note of the issue of discrimination with respect to girl child education in Africa. In chapter three various international treaties that concern provisions on education and the discrimination factor as to gender are identified. Also in the international milieu, the role of international bodies in the effective and efficient insurance of girl child education is included. Chapter four examines on a regional level, the extent to which the African Commission has effectively monitored the provision of the African Chater. The African Children's Charter and the Draft Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women (the Draft Women's Protocol) in Africa are also discussed in relation to provisions in the African Charter and work done on girl child education by the African Commission. In this chapter, a comparative study is also done of instruments and the implementation mechanisms offered by the Inter-American and European systems to the African human rights system in terms of the girl child education. This is so because in terms of experience, jurisprudence and institutions, these systems are considered to be more advanced than the African human rights sytem. Finally chapter five discusses girl child education on a national level in Africa. This chapter focuses on the experiences of South Africa, Egypt and Cameroon. Educational policy and other national legislative instruments such as the constitutions of these countries are included. In the conclusion, the paper puts forward recommendations to assist new and old African democracies in advancing an administrative and political approach to the issue of discrimination with respect to girl child education." -- Chapter 1. / Prepared under the supervision of Dr. Enid Hill at the Department of Political Sciences, School of Humanities and Social Sciences, The American University in Cairo, Egypt / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM