An Analysis of the Role of African Values, Traditions and Morals in the Interpretation of Children's Rights

Abstract

Both the African Charter on Human and Peoples' Rights (ACHPR) and the African Charter on the Rights and Welfare of the Child (ACRWC) expressly provide for African values, traditions and morals. This inclusion is a unique characteristic that illustrates the regionality of these two instruments. The question of how "African values" should be understood and interpreted, however, remains somewhat unclear with the possibility of challenges arising in its interpretation and application. The article considers how African values are incorporated into the ACHPR and the ACRWC to provide an understanding of African values. The article subsequently engages in an analysis of the significance of the incorporation of African values for the interpretation of children's rights by considering both criticism and praise which have been levelled against the inclusion of African values in the ACRWC and ACHPR. This analysis will ultimately aid in determining the contribution of African values to the interpretation and possible realisation of children's rights.