POSITIVE TRADITIONAL PRACTICES/ RESPONSIBILITIES OF THE CHILD: INTERNATIONAL ...

62 Pages·2013·0.24 MB·English

POSITIVE TRADITIONAL PRACTICES/ RESPONSIBILITIES OF THE CHILD:
INTERNATIONAL AND REGIONAL INSTRUMENTS
African Charter on the Rights and Welfare of the Child, 1990
Article 2: The education of the child shall be directed to:
(c) the preservation and strengthening of positive African morals, traditional
values and cultures;
Article 31: Responsibility of the Child
Every child shall have responsibilities towards his family and society, the State and other legally recognized
communities and the international community. The child, subject to his age and ability, and such limitations
as may be contained in the present Charter, shall have the duty;
(a) to work for the cohesion of the family, to respect his parents, superiors and elders at all times and to
assist them in case of need;
(b) to serve his national community by placing his physical and intellectual abilities at its service;
(c) to preserve and strengthen social and national solidarity;
(d) to preserve and strengthen African cultural values in his relations with other members of the society, in
Compiled by The African Child Policy Forum (ACPF) http://www.africanchildforum.org (December 2013). Please note that for all documents
originally available in French, Portuguese and Spanish the translation in this table is not the official translation
the spirit of tolerance, dialogue and consultation and to contribute to the moral well-being of society;
(e) to preserve and strengthen the independence and the integrity of his country;
(f) to contribute to the best of his abilities, at all times and at all levels, to the promotion and achievement of
African Unity.
Article 31: Responsibility of the child
Every child shall have responsibilities towards his family and society, the state and other legally recognised
communities and the international community. The child, subject to his age and ability, and such limitations
as may be contained in the present Charter, shall have the duty;
(a) to work for the cohesion of the family, to respect his parents, superiors and elders at all times and to
assist them in case of need;
(b) to serve his national community by placing his physical and intellectual abilities at its service;
(c) to preserve and strengthen social and national solidarity;
(d) to preserve and strengthen African cultural values in his relations with other members of the society, in
the spirit of tolerance, dialogue and consultation and to contribute to the moral well-being of society;
(e) to preserve and strengthen the independence and the integrity of his country;
(f) to contribute to the best of his abilities. At all times and at all levels, to the promotion and achievement
Compiled by The African Child Policy Forum (ACPF) http://www.africanchildforum.org (December 2013). Please note that for all documents
originally available in French, Portuguese and Spanish the translation in this table is not the official translation
of African Unity.

Convention on the Rights of the Child, 1989
Article 5: States Parties shall respect the responsibilities, rights and duties of parents or, where applicable,
the members of the extended family or community as provided for by local custom, legal guardians or other
persons legally responsible for the child, to provide, in a manner consistent with the evolving capacities of
the child, appropriate direction and guidance in the exercise by the child of the rights recognized in the
present Convention.
African Charter on Human and Peoples Rights, 1981
Article 17
1. Every individual shall have the right to education.
2. Every individual may freely, take part in the cultural life of his community.
3. The promotion and protection of morals and traditional values recognized by the community shall be the
duty of the State.
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originally available in French, Portuguese and Spanish the translation in this table is not the official translation
COUNTRY POSITIVE TRADITIONAL PRACTICES/ RESPONSIBILITIES OF THE CHILD UNDER THE LAWS OF
AFRICAN COUNTRIES
Algeria Constitution, 1989
Article 8: The People set up institutions having as objectives:
- The preservation and consolidation of national independence,
- The preservation and consolidation of identity and national unity,
- The protection of fundamental civil rights and the social and cultural development of the Nation
- The abolition of the exploitation of man by man,
- The protection of the national economy against any form of embezzlement or misappropriation, illegitimate
monopolizing or seizure.
Constitution 2011
Article 9: The institutions are not allowed:
- Feudal, regionalist and nepotic practices;
- Setting up exploitation relationships and dependence links;
- Practices contrary to the Islamic ethics and to the values of the November Revolution.
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originally available in French, Portuguese and Spanish the translation in this table is not the official translation
COUNTRY POSITIVE TRADITIONAL PRACTICES/ RESPONSIBILITIES OF THE CHILD UNDER THE LAWS OF
AFRICAN COUNTRIES
Article 31: The aim of the institutions is to ensure equality of rights and duties of all citizens, men and women, by
removing the obstacles which hinder the progress of human beings and impede the effective participation of all in the
political, economic, social and cultural life.
Angola Constitution, 2010
Article 7: The validity and legal force of custom which does not contradict the Constitution and does not threaten human
dignity shall be recognized.
Benin Constitution,1990
Title II: Rights and duties of the individual
Article 7: The rights and duties proclaimed and guaranteed by the African Charter on Human and Peoples'
Rights adopted in 1981 by the Organization of African Unity and ratified by Benin on January 20,
1986 shall be an integral part of the present Constitution and of Beninese law.  
Article 8: The human person is sacred and inviolable. The state has the absolute obligation to respect it and protect it. It
shall guarantee him a full blossoming out. To that end, it shall assure to its citizens equal access to health, education,
Compiled by The African Child Policy Forum (ACPF) http://www.africanchildforum.org (December 2013). Please note that for all documents
originally available in French, Portuguese and Spanish the translation in this table is not the official translation
COUNTRY POSITIVE TRADITIONAL PRACTICES/ RESPONSIBILITIES OF THE CHILD UNDER THE LAWS OF
AFRICAN COUNTRIES
culture, information, vocational training, and employment.
Article 10: Every person has a right to culture. The state has the duty to safeguard and promote the national values of
civilisations, as much material as spiritual, as well as the cultural traditions.
Article 11: All communities comprising the Beninese nation shall enjoy the freedom to use their spoken and written
languages and to develop their own culture while respecting those of others. The state must promote the development of
national languages of intercommunication.
Article 14: Religious institutions and communities shall be able to co-operate equally in the education of the youth.
Private schools, secular or parochial, may be opened with the authorisation and control of the state. The private schools
may benefit from state subsidies under conditions determined by law.
Botswana Child Act, 2009
Article 14 Right to appropriate parental guidance: Every child has a right to parental guidance appropriate to that
child’s age, maturity and level of understanding in order to ensure that the child grows to his or her maximum potential.
Article 28 (1) parental rights: Subject to the best interests of the child, and to section 78, every
parent shall have the right, in relation to that child, to —
Compiled by The African Child Policy Forum (ACPF) http://www.africanchildforum.org (December 2013). Please note that for all documents
originally available in French, Portuguese and Spanish the translation in this table is not the official translation
COUNTRY POSITIVE TRADITIONAL PRACTICES/ RESPONSIBILITIES OF THE CHILD UNDER THE LAWS OF
AFRICAN COUNTRIES
(a) have the child live with him or her;
(b) control and guide the child’s upbringing;
(c) maintain personal relations with, and have access to, the child if the child does not live with him or her;
(d) represent the child in all contractual and other legal matters regarding the child’s property and other interests;
(e) participate, in the prescribed manner, in court and other proceedings related to his or her child;
(f) appoint a guardian or revoke the appointment of a guardian where one has been appointed, subject to the court’s
approval; and
(g) Have access to parenting skills programmes put in place in terms of this Act or any other law.
Article 33 (1) establishment of a Village Child Protection Committee: There is hereby established, for every community,
a committee to be known as a Village Child Protection Committee (referred to in this Act as the “Village Child
Committee”).
Article 7 guiding principles: The following principles shall be observed in the administration of this Act –
(g) decisions about a child shall be consistent with cultural, ethnic and religious values and traditions relevant to the
child;
Compiled by The African Child Policy Forum (ACPF) http://www.africanchildforum.org (December 2013). Please note that for all documents
originally available in French, Portuguese and Spanish the translation in this table is not the official translation
COUNTRY POSITIVE TRADITIONAL PRACTICES/ RESPONSIBILITIES OF THE CHILD UNDER THE LAWS OF
AFRICAN COUNTRIES
Burkina Constitution (Amendment), 2000
Faso
Preamble: Subscribing to the Universal Declaration of Human Rights of 1948 and to the international treaties
concerning economic, political, social and cultural issues;
Article 7: The freedom of belief, of non-belief, of conscience, of religious opinion, philosophy, of religious exercise, the
freedom of assembly, the free practice of custom as well as the freedom of procession and its demonstration is
guaranteed by the present Constitution subject to respect of the law, of the public order, of good morals and of the
human person.
Burundi Constitution, 2005
Preamble: Protection and inclusion of ethnic, cultural and religious minority in the general system of good governance;
Article 19: The rights and duties proclaimed and guaranteed, among other things, the Universal Declaration of Human
Rights, the International Covenants on Human Rights, the African Charter on Human and Peoples' Rights, the
Convention on Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the
Child are an integral part of the Constitution of the Republic of Burundi.
These fundamental rights are not subject to any restriction or derogation, except in certain circumstances be justified by
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originally available in French, Portuguese and Spanish the translation in this table is not the official translation
COUNTRY POSITIVE TRADITIONAL PRACTICES/ RESPONSIBILITIES OF THE CHILD UNDER THE LAWS OF
AFRICAN COUNTRIES
public interest or protection of a fundamental right.
Cameroon Constitution, 1996
Article 1:
(2) The Republic of Cameroon shall be a decentralized unitary State. It shall be one and indivisible, secular, democratic
and dedicated to social service.
It shall recognize and protect traditional values that conform to democratic principles, human rights and the law.
It shall ensure the equality of all citizens before the haw.
Cape Verde Constitution, 1992
Part I -- Fundamental principles
Title I -- The Republic
Article 4. The Republic of Cape Verde shall gradually create the conditions indispensable for the removal of all
the obstacles that impede the full development of the human person and limit the equality of its citizens,
Compiled by The African Child Policy Forum (ACPF) http://www.africanchildforum.org (December 2013). Please note that for all documents
originally available in French, Portuguese and Spanish the translation in this table is not the official translation
COUNTRY POSITIVE TRADITIONAL PRACTICES/ RESPONSIBILITIES OF THE CHILD UNDER THE LAWS OF
AFRICAN COUNTRIES
as well as their effective participation in the political, economic, social and cultural organization of the
State and in the Cape Verdean society.
Article 7 (Tasks of the State): 1. The State shall pursue the following fundamental tasks:
g) To support the Cape Verdean Community world-wide and to promote in its midst the preservation and the
development of the Cape Verdean culture;
i) To create, progressively, the necessary conditions for the transformation and modernization of the
economic and social structures, so as to make the economic, social and cultural rights effective;
Article 16(3): The constitutional and legal norm concerning fundamental rights shall be interpreted and the gaps filled in
conformity with the Universal Declaration of Human Rights.
Article 71 (Youth)
1. Every young person shall have the right to special protection from his family, the society and the State which should
allow him to develop his personality, his physical and intellectual capacity and integrate himself fully into the social,
cultural, political and economic life.
2. The family, the society and the State shall promote the conditions for the free participation of young people in the
Compiled by The African Child Policy Forum (ACPF) http://www.africanchildforum.org (December 2013). Please note that for all documents
originally available in French, Portuguese and Spanish the translation in this table is not the official translation