Effectiveness of the Convention on the Rights of the Child in realization of the right to a remedy for Child victims of violence in Africa

Abstract

BackgroundIn spite of the progress achieved over the years since the adoption of the CRC, violence against children (VAC) is still widespread in the African continent. Although some progress has been made in addressing violence through the implementation of the CRC and its use in the courts, there are still gaps particularly in ensuring access to remedies for child victims of violence. Participants and settingThe strongest factors that impede measures to eliminate VAC in Africa are its broad societal acceptance and weak remedial tools to deal with the issue, including access to justice and assistance to child victims. The article analyses the CRC’s implementation and influence on national courts' jurisprudence on VAC in South Africa, Nigeria and Kenya. ObjectiveThe objective of the article' is to provide evidence of the positive impact of the CRC on the right to a remedy for child victims of violence in selected African states, while highlighting existing gaps. MethodsEvidence is provided through the CRC reporting process, and the impact of the CRC on national courts in Kenya, Nigeria and South Africa. ResultsFacts and cases of redress for child victims of violence in the three states, as well as roles and paths that the stakeholders undertake, reflect the strength, value, role and influence of the CRC on the recent progress in these states. The law and legal advocacy in the selected African states have proved to be a powerful tool for children. ConclusionsThere is a need for more evidence and more research on the topic in each African state, so that real impact of the CRC on national remedial activities, as well as its relatedness to the level and types of violence against children is properly evaluated.