Citation

Dube H, Sekoankoetla M, Würz A. Child Abuse Res. South Afr. 2017; 18(1): 49-61.

Copyright

(Copyright © 2017, South African Professional Society on the Abuse of Children)

DOI

unavailable

PMID

unavailable

Abstract

The vulnerability of children calls for their enhanced protection. Adoption of CRC and ACRWC which specially protects the rights of children has been an immensely progressive step taken by the international community. A commendable ratification of these treaties shows will and seriousness on the part of states parties to protect children. This also reasonably raises the expectation that the treaty bodies established by these treaties will be effectively used to supplement municipal mechanisms for the enforcement of children's rights. However, the African Committee of Experts on the Rights and Welfare of Child was seldom sent communications on violations of children's rights, as a result it has only this far decided the merits of four communications. This underutilization of ACERWC has provoked the doubts concerning its significance in the protection of children's rights. The United Nations Committee on the Rights of a Child has been recently mandated to receive and consider with complaints regarding violations of children's rights. The underutilization of the individual communication procedure of ACRWC raises scepticism on the necessity and effectiveness of these institutions for the protection of children's rights. This paper argues that the institutional framework is significant and effective in protection of children's rights. It, however, points out that there are some practical and procedural challenges to be learned from ACERWC by the CRC in the submission of communications and that ACERWC needs to address. To achieve this, the article analyses the ACERWC established complaints procedure and identifies therein the impediments to the submission of complaints. It further examines and analyses the practices in municipal jurisdictions and identifies the impediments to submitting complaints. By way of conclusion, the article recommends how ACERWC can overcome the challenges it faces and how CRC can avoid these challenges.

Language: en