The African Children's Charter and ending corporal punishment of children in Africa: A work in progress

Sonia Vohito

doi:10.17159/1996-2096/2021/v21n1a5

Abstract

SUMMARY Corporal punishment is the most common form of violence against children worldwide, including in Africa. Corporal punishment violates children's rights to respect for their human dignity and physical integrity. The African Charter on the Rights and Welfare of the Child provides for every child's right to be protected from violence and ill-treatment. The African Committee of Experts on the Rights and Welfare of the Child and other human rights bodies consistently examine states on their progress towards prohibiting and eliminating corporal punishment. In the context of the thirtieth anniversary of the African Children's Charter, this article aims to examine the progress made towards the prohibition and elimination of corporal punishment of children in all settings, in Africa. It highlights the challenges and shortcomings in implementing this campaign in Africa. The role of the African Children's Committee in promoting and protecting the human rights imperative to prohibit corporal punishment of children is also examined, especially as regards the legal barriers to end the corporal punishment of children in Africa. Key words: African Children's Charter; children's rights; corporal punishment; Agenda 2040

Highlights

Every human being in the world has the rights to respect for human dignity and physical integrity and to equal protection under the law, regardless of gender, age, ethnicity, socio-economic circumstances, ability or disability, religion, or any other status
In the context of the thirtieth anniversary of the African Children’s Charter, this article aims to examine the progress made towards the prohibition and elimination of corporal punishment of children in all settings, in Africa
The consistent positions of human rights treaty bodies reflect the seriousness with which the prohibition of corporal punishment of children is viewed under international human rights law

Summary

Introduction

Every human being in the world has the rights to respect for human dignity and physical integrity and to equal protection under the law, regardless of gender, age, ethnicity, socio-economic circumstances, ability or disability, religion, or any other status. 2 According to the Committee, these include hitting (‘smacking’, ‘slapping’, ‘spanking’) children, with the hand or with an implement – a whip, stick, belt, shoe or wooden spoon It can involve, for example, kicking, shaking or throwing children, scratching, pinching, biting, pulling hair or boxing ears, forcing children to stay in uncomfortable positions, burning, scalding or forced ingestion (for example, washing children’s mouths out with soap or forcing them to swallow hot spices).[3] According to the CRC Committee, corporal punishment is invariably degrading.[4] In addition, there are other non-physical forms of punishment that are cruel and degrading and incompatible with the Convention on the Rights of the Child (CRC).

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