African Charter on the Rights and Welfare of the Child
- Commenced on 29 November 1999
- [This is the version of this document at 1 July 1990.]
Part I: Rights and duties
Rights and welfare of the child
Article I: Obligation of States Parties
Article II: Definition of a childFor the purposes of this Charter, a child means every human being below the age of 18 years.
Article III: Non-discriminationEvery 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, relation, political or other opinion, national and social origin, fortune, birth or other status.
Article IV: Best interests of the child
Article V: Survival and development
Article VI: Name and nationality
Article VII: Freedom of expressionEvery child who is capable of communicating his or her own views shall be assured the rights to express his opinions freely in all matters and to disseminate his opinions subject to such restrictions as are prescribed by laws.
Article VIII: Freedom of associationEvery child shall have the right to free association and freedom of peaceful assembly in conformity with the law.
Article IX: Freedom of thought, conscience and religion
Article X: Protection of privacyNo child shall be subject to arbitrary or unlawful interference with his privacy, family, home or correspondence, or to the attacks upon his honour or reputation, provided that parents or legal guardians shall have the right to exercise reasonable supervision over the conduct of their children. The child has the right to the protection of the law against such interference or attacks.
Article XI: Education
Article XII: Leisure, recreation and cultural activities
Article XIII: Handicapped children
Article XIV: Health and health services
Article XV: Child labour
Article XVI: Protection against child abuse and torture
Article XVII: Administration of juvenile justice
Article XVIII: Protection of the family
Article XIX: Parental care and protection
Article XX: Parental responsibilities
Article XXI: Protection against harmful social and cultural practices
Article XXII: Armed conflicts
Article XXIII: Refugee children
Article XXIV: Adoption
Article XXV: Separation from parents
Article XXVI: Protection against Apartheid and discrimination
Article XXVII: Sexual exploitation
Article XXVIII: Drug abuseStates Parties to the present Charter shall take all appropriate measures to protect the child from the use of narcotics and illicit use of psychotropic substances as defined in the relevant international treaties, and to prevent the use of children in the production and trafficking of such substances.
Article XXIX: Sale, trafficking and abduction
Article XXX: Children of imprisoned mothers
Article XXXI: Responsibilities of the child
Establishment and organization of the Committee on the Rights and Welfare of the Child
Article XXXII: The CommitteeAn African Committee of Experts on the Rights and Welfare of the Child hereinafter called "the Committee" shall be established within the Organization of African Unity to promote and protect the rights and welfare of the child.
Article XXXIII: Composition
Article XXXIV: ElectionAs soon as this Charter shall enter into force the members of the Committee shall be elected by secret ballot by the Assembly of Heads of State and Government from a list of persons nominated by the States Parties to the present Charter.
Article XXXV: CandidatesEach State Party to the present Charter may nominate not more than two candidates. The candidates must have one of the nationalities of the State Parties to the present Charter. When two candidates are nominated by a State, one of them shall not be a national of that State.
Article XXXVII: Term of office
Article XXXVIII: Bureau
Article XXXIX: VacancyIf a member of the Committee vacates his office for any reason other than the normal expiration of a term, the State which nominated that member shall appoint another member from among its nationals to serve for the remainder of the term - subject to the approval of the Assembly.
Article XI: SecretariatSecretary-General of the Organization of African Unity shall appoint a Secretary for the Committee.
Article XII: Privileges and immunitiesIn discharging their duties, members of the Committee shall enjoy the privileges and immunities provided for in the General Convention on the Privileges and Immunities of the Organization of African Unity.
Mandate and procedure of the Committee
Article XLII: Mandate
Article XLIII: Reporting procedure
Article XLIV: Communications
Article XLV: Investigations by the Committees
Article XLVI: Sources of inspirationThe Committee shall draw inspiration from International Law on Human Rights, particularly from the provisions of the African Charter on Human and Peoples’ Rights, the Charter of the Organization of African Unity, the Universal Declaration on Human Rights, the International Convention on the Rights of the Child, and other instruments adopted by the United Nations and by African countries in the field of human rights, and from African values and traditions.
Article XLVII: Signature, ratification or adherence
Article XLVIII: Amendment and revision of the Charter
Last updated: 2023-02-14
|Country||Signature Date||Ratification Date||Deposit Date|
|Central African Republic||2016-08-01||2016-07-07||2003-02-04|
|Democratic Republic of the Congo||2020-12-08||2017-01-31||2010-02-02|
|Republic of the Congo||2006-10-10||2006-09-08||1992-02-28|
|Sao Tome and Principe||2019-06-27||2019-04-18||2010-02-01|