Abstract
The authorising medical abortion language in Protocol to the African Charter on Human and Peoples Rights on the Rights of Women in Africa (2003) contravenes one of the founding principles of modern international human rights lawthat unborn children are entitled to the protection of the law. The Womens Protocol authors ignore the fact that African countries reaffirmed in the African Childs Charter adherence to the principles of human and peoples rights and freedoms contained in the declarations, conventions and other instruments adopted by the United Nations. The rights of children are spelled out with clarity in the African Charter on the Rights and Welfare of the Child. These African values are commendable in the emphasis placed on the States duty and the individuals duty towards every child. This African Childs Human Rights Charter is unequivocal in requiring both parents and the State to put the rights of the child first.Keywords: abortion; African child; African Childs Human Rights Charter; international human rights law; rights of children; Womens Protocol
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