Children’s Rights and the Law in African Context: An Introduction

Abstract

This chapter examines the intersections and domains as they appear from the legal systems of countries that have enacted special legislation to protect the rights of children. Firstly, the chapter shows that human rights norms are the axis for customary law's role in the protection of children's rights in the new era. Secondly, it shows the role allocated to customary law in the promotion and protection of children's rights through an analysis of its intersections with children's rights in domestic legislation specifically designed to promote and protect children's rights. Finally, it shows how customary law intersects with children's rights in the context of its application by the courts, against the backdrop of internal conflicts of law. To sum up, the inclusion and role of customary law in the legal framework for the protection of children's rights are founded on international and constitutional law human rights norms.