LCP4807 FINAL PORTIFOLIO FOR 2021.
, QUESTION 1
Write a legal opinion for CSJ. In your opinion reflect on the following points:
(a) Background to the Convention on the rights of the Child.
The African Member States of the Organization of African Unity, Parties to the
present Charter entitled African Charter on the Rights and Welfare of the Child. The
Declaration on the Rights and Welfare of the African Child (AHG/ST.4 Rev.l) adopted
by the Assembly of Heads of State and Government of the Organization of African
Unity, at its Sixteenth Ordinary Session in Monrovia, Liberia, from 17 to 20 July 1979,
recognized the need to take appropriate measures to promote and protect the rights
and welfare of the African Child. Noting with concern that the situation of most
African children, remains critical due to the unique factors of their socio-economic,
cultural, traditional and developmental circumstances, natural disasters, armed
conflicts, exploitation and hunger, and on account of the child’s physical and mental
immaturity he/she needs special safeguards and care.1
According to Article 3, every child shall be entitled to the enjoyment of the rights and
freedoms recognized and guaranteed in this Charter irrespective of the child’s or
his/her parents’ or legal guardians’ race, ethnic group, colour, sex, language, religion,
political or other opinion, national and social origin, fortune, birth or other status.2
Furthermore, Article 4 outlined about the best Interests of the Child. According to this
article, In all actions concerning the child undertaken by any person or authority the
3
best interests of the child shall be the primary consideration.
In all judicial or
administrative proceedings affecting a child who is capable of communicating his/her
own views, an opportunity shall be provided for the views of the child to be heard
either directly or through an impartial representative as a party to the proceedings,
and those views shall be taken into consideration by the relevant authority in
accordance with the provisions of appropriate law. In as far as survival and
Development of the child is concerned, every child has an inherent right to life. This
right shall be protected by law. State Parties to the present Charter shall ensure, to
1 African Charter on the Rights and Welfare of the Child.
2 Article 3.
3 Article 4.
