Abstract
SUMMARY Africa has gained much traction in recognising the rights of the child with an emphasis on his or her holistic environments. Three general environments that affect a child are identified: first, a peaceful environment informed by adequately functional institutions that aid the implementation of all laws that improve the position of the child; second, an environment punctuated by emergencies such as armed conflict, public health emergencies or humanitarian situations. The third environment is where a child who has moved from humanitarian situations seeks solace. This may include internally-displaced persons and refugees/asylum seekers. This article evaluates the role of the African Committee of Experts on the Rights and Welfare of the Child as the only regional human rights body that monitors the promotion and protection of the rights of children. The evaluation covers the third environment in the context of the COVID-19 era. It is argued that the current traction by the Committee after the outbreak of the pandemic can be used to improve the position of the child towards the 2050 aspirations. An evaluation of the effects of the pandemic on the child is done followed by a visualisation of the child in 2050. An analysis of the normative, institutional and jurisprudential framework of the Committee in the Covid-19 era follows. A juxtaposition of the use of Agenda 2040 to realise the 2050 visualised child is done. This informs a proposed model that the Committee may adopt, followed by a conclusion and recommendations. Key words: African Children's Committee; African Children's Charter; Agenda 2040; jurisprudence; normative; COVID-19
Highlights
The success of any human rights system at the domestic, regional or international level requires an adequate development of the normative, institutional and jurisprudential frameworks.[1]
Three general environments that affect a child are identified: first, a peaceful environment informed by adequately functional institutions that aid the implementation of all laws that improve the position of the child; second, an environment punctuated by emergencies such as armed conflict, public health emergencies or humanitarian situations
While the normative framework informs the laws in use, the institutional framework relates to the expertise of the human resources that apply the theoretical principles to the practical challenges
Summary
The success of any human rights system at the domestic, regional or international level requires an adequate development of the normative, institutional and jurisprudential frameworks.[1]. The jurisprudential framework is developed by the institutionalised structure as it engages the normative provisions in the human rights instrument. It follows that the jurisprudential framework organically develops over time. The evaluation of these three aspects is critical to taking stock of a human rights system on any thematic issues that are within its mandate. This aids the evaluation of its successes, challenges and insights on the way forward. From this point forward, an evaluation of the argument and the sub-claims underscored in the abstract follows
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