Assessing the Compatibility of Article 20 and 31 of the African Children’s Charter in Light of the International Standards: Focus on the Girl-Child

In the African traditional conception of human rights, individual rights cannot be understood devoid of his duties toward the group, so that end up with articulation of ranges of duties owed to the group. The same notion of understanding is reflected under the African Children’s Charter which provide reciprocal duties and responsibilities between a child and his/her family. However this feature of the Charter has attracted a considerable criticism, thus it is noted that this phrase may create environment gratuitous for invasion of child rights granted under the charter. This paper dedicated to explore the implication of this approach on the human rights enjoyment of girl-children, who are one of the most marginalized members of the society because of their age and sex. It is emphasized that the way in which a girl-child experience the world is often prejudicial and detrimental to her equal enjoyment of human rights. By way of conclusion, the provisions are the reflection of African conception of human rights, and seek to promote positive aspects of African child-rearing practices, and therefore they can be deployed to reinforce rights enshrined under the charter. Nonetheless it is noted that it may have an unintended impact of posing a threat to protection of human rights of girl child. Apart from this, the paper suggests that the committee of experts has a big role to play in elaborating the practical meaning of the provisions.