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The protection of refugee children under the African human rights system : finding durable solutions

Title data

Kaime, Thokozani:
The protection of refugee children under the African human rights system : finding durable solutions.
In: Sloth-Nielsen, Julia (ed.): Children’s rights in Africa : A legal perspective. - Aldershot : Ashgate , 2008 . - pp. 183-198
ISBN 978-0-7546-4887-1

Abstract in another language

Despite the existence of multitudes of refugee children on the continent and the recognition of their vulnerable status, the African human rights system did not initially provide for a special protection regime for addressing their particular plight. Refugee protection under the African system was sourced from the OAU Convention Governing the Specific Aspects of Refugee Problems in Africa and the ACHPR. But these instruments failed provide special protection to refugee children and the result was that their protection was left to the vicissitudes of goodwill (or lack thereof) from the host states and international refugee organizations. The entry into force of the African Children’s Charter (ACRWC) brought fundamental and profound changes in the protection of children generally and refugee children especially (see the discussion in section 3 below). Although the ACRWC’s provisions relating to protection of refugee children are substantially similar to that of the Convention on the Rights of the Child (CRC), its strength lies in the extension of protection to internally displaced children, something which the CRC does not do, and in the formal interrelationships that it creates between itself and other authoritative international instruments. This chapter analyses the normative framework for the protection of refugee children under the ACRWC. It examines the relevance to refugee children of the underpinning principles especially in relation to the primary responses for assisting and protecting such children. Finally, the role of complementary rights of identity, protection and support are examined. The chapter argues that whilst the ACRWC lays down an effective framework for the promotion and protection of refugee children’s rights, the policy and practice at both the regional and national level lacks the sophistication demonstrated by the Charter. It is concluded that given the resource deficiencies prevalent in many African nations, effective protection of refugee children will be possible only if states ensure the rights and protections guaranteed under the Charter for their own children and if they cooperate with international organizations or other governments in assisting refugee children.

Further data

Item Type: Article in a book
Refereed: Yes
Institutions of the University: Faculties
Faculties > Faculty of Law, Business and Economics > Department of Law > Chair African Legal Studies > Chair African Legal Studies - Univ.-Prof. Dr. Thokozani Kaime
Faculties > Faculty of Law, Business and Economics
Faculties > Faculty of Law, Business and Economics > Department of Law
Faculties > Faculty of Law, Business and Economics > Department of Law > Chair African Legal Studies
Result of work at the UBT: No
DDC Subjects: 300 Social sciences > 340 Law
Date Deposited: 10 Jul 2020 07:50
Last Modified: 13 Jul 2020 08:06
URI: https://eref.uni-bayreuth.de/id/eprint/55669