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123.States Parties to the present Charter shall take all appropriatemeasures with a view to achieving the full realization of this rightand shall in particular:(a) provide free and compulsory basic education:(b) encourage the development of secondary education in itsdifferent forms and to progressively make it free and accessibleto all;(c) make the higher education accessible to all on the basis ofcapacity and ability by every appropriate means;(d) take measures to encourage regular attendance at schools andthe reduction of drop-out rate;(e) take special measures in respect of female, gifted anddisadvantaged children, to ensure equal access to education forall sections of the community.4.States Parties to the present Charter shall respect the rights andduties of parents, and where applicable, of legal guardians to choosefor their’ children schools, other than those established by publicauthorities, which conform to such minimum standards may beapproved by the state, to ensure the religious and moral educationof the child in a manner with the evolving capacities of the child.5.States Parties to the present Charter shall take all appropriatemeasures to ensure that a child who is subjected to schools orparental discipline shall be treated with humanity and with respectfor the inherent dignity of the child and in conformity with thepresent Charter.6.States Parties to the present Charter shall take all appropriatemeasures to ensure that children who become pregnant beforecompleting their education shall have an opportunity to continuewith their education on the basis of their individual ability.7.No part of this Article shall be construed as to interfere with theliberty of individuals and bodies to establish and direct educationalinstitutions subject to the observance of the principles set out inParagraph 1 of this Article and the requirement that the educationgiven in such institutions shall conform to such minimum standardsas may be laid down by the states.AFRICAN CHARTERon the Rights and Welfare of the Child

Article 12LEISURE, RECREATION AND CULTURAL ACTIVITIES1.States Parties recognize the right of the child to rest and leisure, toengage in play and recreational activities appropriate to the age ofthe child and to participate freely in cultural life and the arts.2.States Parties shall respect and promote the right of the child tofully· participate in cultural and artistic life and shall encourage theprovision of appropriate and equal opportunities for cultural, artistic,recreational and leisure activity.ARTICLE 13HANDICAPPED CHILDREN1.Every child who is mentally or physically disabled shall have theright to special measures of protection in keeping with his physicaland moral needs and under conditions which ensure his dignity,promote his self-reliance and active participation in the community.2.States Parties to the present Charter shall ensure, subject toavailable resources, to a disabled child and to those responsible forhis care, of assistance for which application is made and which isappropriate to the child’s condition and in particular shall ensure thatthe disabled child has effective access to training, preparation foremployment and recreation opportunities in a manner conducive tothe child achieving the fullest possible social integration, individualdevelopment and His cultural and moral development.3.The States Parties to the present Charter shall use their availableresources with a view to achieving progressively the fullconvenience of the mentally and physically disabled person tomovement and access to public highway buildings and other placesto which the disabled may legitimately want to have access to.AFRICAN CHARTERon the Rights and Welfare of the Child13

Article 14HEALTH AND HEALTH SERVICES141.This Article shall apply to the offences established by the StateParties in accordance with this Convention.2.Offences falling within the jurisdiction of this Convention shallbe deemed to be included in the internal laws of State Parties ascrimes requiring extradition. State Parties shall include such offencesas extraditable offences in extradition treaties existing between oramong them.(a) to reduce infant and child mortality rate;(b) to ensure the provision of necessary medical assistance andhealth care to all children with emphasis on the development ofprimary health care;(c) to ensure the provision of adequate nutrition and safe drinkingwater;(d) to combat disease and malnutrition within the framework ofprimary health care through the application of appropriatetechnology;(e) to ensure appropriate health care for expectant and nursingmothers;(f) to develop preventive health care and family life education andprovision of service;(g) to integrate basic health service programmes in nationaldevelopment plans;(h) to ensure that all sectors of the society, in particular parents,children, community leaders and community workers areinformed and supported in the use of basic knowledge of childhealth and nutrition, the advantages of breastfeeding, hygieneand environmental sanitation and the prevention of domesticand other accidents;(i) to ensure the meaningful participation of non-governmentalorganizations, local communities and the beneficiary populationin the planning and management of basic service programmefor children;(j) to support through technical and financial means, themobilization of local community resources in the developmentof primary health care for children.AFRICAN CHARTERon the Rights and Welfare of the Child

Article 15CHILD LABOUR1.Every child shall be protected from all forms of economicexploitation and from performing any work that is likely to behazardous or to interfere with the child’s physical, mental, spiritual,moral, or social development.2.States Parties to the present Charter shall take all appropriatelegislative and administrative measures to ensure the fullimplementation of this Article which covers both the formal andinformal sectors of employment and having regard to the relevantprovisions of the International Labour Organization’s instrumentsrelating to children, States Parties shall in particular:(a) provide through legislation, minimum ages for admission toevery employment;(b) provide for appropriate regulation of hours and conditions ofemployment;(c) provide for appropriate penalties or other sanctions to ensurethe effective enforcement of this Article;(d) promote the dissemination of information on the hazardous ofchild labour to all sectors of the community.Article 16PROTECTION AGAINST CHILD ABUSE ANDTORTURE1.States Parties to the present Charter shall take specific legislative,administrative, social and educational measures to protect thechild from all forms of torture, inhuman or degrading treatmentand especially physical or mental injury or abuse, neglect ormaltreatment including sexual abuse, while in the care of a parent,legal guardian or school authority or any other person who has thecare of the child.2.Protective measures under this Article shall include effectiveprocedures for the establishment of special monitoring units toprovide necessary support for the child and for those who havethe care of the child, as well as other forms of prevention and forAFRICAN CHARTERon the Rights and Welfare of the Child15

identification, reporting referral investigation, treatment, and followup of instances of child abuse and neglect.Article 17ADMINISTRATION OF JUVENILE JUSTICE161.Every child accused or found guilty of having infringed penal lawshall have the right to special treatment in a manner consistent willthe child’s sense of dignity and worth and which reinforces the childrespect for human rights and fundamental freedoms of others.2.States Parties to the present Charter shall in particular:(a) ensure that no child who is detained or imprisoned orotherwise deprived of his/her liberty is subjected to torture, inhuman or degrading treatment or punishment;(b) ensure that children are separated from adults in their place ofdetention or imprisonment;(c) ensure that every child accused of infringing the penal law:i. shall be presumed innocent until duly recognized guilty;ii. shall be informed promptly in a language that heunderstands and in detail of the charge against him, andshall be entitled to the assistance of an interpreter if he orshe cannot understand the language used;iii. shall be afforded legal and other appropriate assistance inthe preparation and presentation of his defence;iv. shall have the matter determined as speedily as possibleby an impartial tribunal and if found guilty, be entitled to anappeal by a higher tribunal;v. shall not be compelled to give testimony or confess guilt.3.The essential aim of treatment of every child during the trialand also if found guilty of infringing the penal law shall be his orher reformation, re-integration into his or her family and socialrehabilitation.4.There shall be a minimum age below which children shall bepresumed not to have the capacity to infringe the penal law.AFRICAN CHARTERon the Rights and Welfare of the Child

Article 18PROTECTION OF THE FAMILY1.The family shall be the natural unit and basis of society. It shall enjoythe protection and support of the State for its establishment anddevelopment.2.States Parties to the present Charter shall take appropriate stepsto ensure equality of rights and responsibilities of spouses withregard to children during marriage and in the event of its dissolution.In case the dissolution, provision shall be made for the necessaryprotection of the child.3.No child shall be deprived of maintenance by reference to theparents’ marital status.Article 19PARENTAL CARE AND PROTECTION1.Every child shall be entitled to the enjoyment of parental care andprotection and shall, whenever possible, have the right to residewith his or her parents. No child shall be separated from his parentsagainst his will, except when a judicial authority determines inaccordance with the appropriate law, that such separation is in thebest interest of the child.2.Every child who is separated from one or both parents shall havethe right to maintain personal relations and direct contact with bothparents on a regular basis.3.Where separation results from the action of a State Party, the StateParty shall provide the child, or if appropriate, another member ofthe family with essential information concerning the whereabouts ofthe. absent member or members of the family. States Parties shallalso ensure that the submission of such a request shall not entailany adverse consequences for the person or persons in whoserespect it is made.4.Where a child is apprehended by a State Party, his parentsor guardians shall, as soon as possible, be notified of suchapprehension by that State Party.AFRICAN CHARTERon the Rights and Welfare of the Child17

Article 20PARENTAL RESPONSIBILITIES1.Parents or other persons responsible for the child shall have theprimary responsibility for the upbringing and development of thechild and shall have the duty:(a) to ensure that the best interests of the child are their basicconcern at all times;(b) to secure, within their abilities and financial capacities,conditions of living necessary to the child’s development; and(c) to ensure that domestic discipline is administered withhumanity and in a manner consistent with the inherent dignityof the child.States Parties to the present Charter shall in accordance with theirmeans and national conditions take all appropriate measures;(a) to assist parents and other persons responsible for the childand in case of need provide material assistance and supportprogrammes particularly with regard to nutrition, health,education, clothing and housing;(b) to assist parents and others responsible for the child in theperformance of child-rearing and ensure the development ofinstitutions responsible for providing care of children; and(c) to ensure that the children of working parents are provided withcare services and facilities .Article 212.PROTECTION AGAINST HARMFUL SOCIAL ANDCULTURAL PRACTICES1.18States Parties to the present Charter shall take all appropriatemeasures to eliminate harmful social and cultural practices affectingthe welfare, dignity, normal growth and development of the childand in particular:(a) those customs and practices prejudicial to the health or life ofthe child; and(b) those customs and practices discriminatory to the child -on thegrounds of sex or other status.AFRICAN CHARTERon the Rights and Welfare of the Child

2.Child marriage and the betrothal of girls and boys shall be prohibitedand effective action, including legislation, shall be taken to specifythe minimum age of marriage to be eighteen years and makeregistration of all marriages in an official registry compulsory.Article 22ARMED CONFLICTS1.States Parties to this Charter shall undertake to respect and ensurerespect for rules of international humanitarian law applicable inarmed conflicts which affect the child.2.States Parties to the present Charter shall take all necessarymeasures to ensure that no child shall take a direct part in hostilitiesand refrain in particular, from recruiting any child.3.States Parties to the present Charter shall, in accordance with theirobligations under international humanitarian law, protect the civilianpopulation in armed conflicts and shall take all feasible measuresto ensure the protection and care of children who are affected byarmed conflicts. Such rules shall also apply to children in situation ofinternal armed conflicts, tension and strife.Article 23REFUGEE CHILDREN1.States Parties to the present Charter shall take all appropriatemeasures to ensure that a child who is seeking refugee statusor who is considered a refugee in accordance with applicableinternational or domestic law shall, whether unaccompanied oraccompanied by parents, legal guardians or close relatives, receiveappropriate protection and humanitarian assistance in the enjoymentof the rights set out in this Charter and other international humanright and humanitarian instruments to which the States are parties.2.States Parties shall undertake to cooperate with existinginternational organizations which protect and assist refugees in theirefforts to protect and assist such a child and to trace the parents orother close relatives of an unaccompanied refugee child in order toobtain information necessary for reunification with the family.AFRICAN CHARTERon the Rights and Welfare of the Child19

3.Where no parents, legal guardians or close relatives can be found,the child shall be accorded the same protection as any other childpermanently or temporarily deprived of his family environment forany reason.4.The provisions of this Article apply Mutatis Mutandis to internallydisplaced children whether through natural disaster, internal armedconflicts, civil strife, breakdown of economic and social order orhowsoever caused.Article 24ADOPTIONStates Parties which recognize the system of adoption shall ensure thatthe best interest of the child shall be the paramount consideration andthey shall:201.Establish competent authorities to determine matters of adoptionand ensure that the adoption is carried out in conformity withapplicable laws and procedures and on the basis of all relevantand reliable information, that the adoption is permissible in view ofthe child’s status concerning parents, relatives and guardians andthat, if necessary, the appropriate persons concerned have giventheir informed consent to the adoption on the basis of appropriatecounselling;2.Recognize that inter-country adoption in those States who haveratified or adhered to the International Convention on the Rights ofthe Child or this Charter, may, as the last resort, be considered asan alternative means of child’s care, if the child cannot be placed ina foster or an adoptive family or cannot in any suitable manner becared for in the child’s country of origin;3.Ensure that the child affected by inter-country adoption enjoyssafeguards and standards equivalent to those existing in the case ofnational adoption;4.Take all appropriate measures to ensure that, in inter countryadoption, the placement does not result in trafficking or improperfinancial gain for those who try to adopt a child;AFRICAN CHARTERon the Rights and Welfare of the Child

5.Promote, where appropriate, the objectives of this Article byconcluding bilateral or multilateral arrangements or agreements, andendeavour, within this framework to ensure that the placement ofthe child in another country is carried out by competent authoritiesor organs.6.Establish a machinery to monitor the well-being of the adopted child.Article 25SEPARATION FROM PARENTS1.Any child who is permanently or temporarily deprived of his familyenvironment for any reason shall be entitled to special protectionand assistance;2.States Parties to the present Charter:(a) shall ensure that a child who is parentless, or who istemporarily or permanently deprived of his or her familyenvironment, or who in his or her best interest cannot bebrought up or allowed to remain in that environment shall beprovided with alternative family care, which could include,among others, foster placement, or placement in suitableinstitutions for the care of children;(b) shall take all necessary measures to trace and re-unite childrenwith parents or relatives where separation is caused by internaland external displacement arising from armed conflicts ornatural disasters.3.When considering alternative family care of the child and the bestinterests of the child, due regard shall be paid to the desirability ofcontinuity in a child’s up-bringing and to the child’s ethnic, religiousor linguistic background.Article 26PROTECTION AGAINST APARTHEID ANDDISCRIMINATION1.States Parties to the present Charter shall individually andcollectively undertake to accord the highest priority to the specialneeds of children living under Apartheid and in States subject toAFRICAN CHARTERon the Rights and Welfare of the Child21

military destabilization by the Apartheid regime.2.States Parties to the present Charter shall individually andcollectively undertake to accord the highest priority to the specialneeds of children living under regimes practicing racial, ethnic,religious or other forms of discrimination as well as in States subjectto military destabilization.2.States Parties shall undertake to provide whenever possible,material assistance to such children and to direct their effortstowards the elimination of all forms of discrimination and Apartheidon the African Continent.Article 27SEXUAL EXPLOITATIONStates Parties to the present Charter shall undertake to protect thechild from all forms of sexual exploitation and sexual abuse and shall inparticular take measures to prevent;(a) the inducement, coercion or encouragement of a child toengage in any sexual activity;(b) the use of children in prostitution or other sexual practices;(b) the use of children in pornographic activities, performances andmaterials.Article 28DRUG ABUSEStates Parties to the present Charter shall take all appropriatemeasures to protect the child from the use of narcotics and illicit use ofpsychotropic substances as defined in the relevant international treaties,and to prevent the use of children in the production and traffick

4 african charter on the rights and welfare of the child table of contents preamble 07 part i: rights and duties 08 chapter one rights and welfare of the child 08 article 1: obligation of states parties 08 article 2: definition of a child 09 article 3: non-discrimination 09 article 4: best interests of the child 09 article 5: survival and development 09 article 6: name and nationality 10