MOUNT KENYA UNIVERSITY

UNIT CODE: BECD 2203

UNIT TITLE: RIGHTS OF CHILDREN AND PROTECTION

NAME: MOHAMED ABDI AHMED

REG.NO: BECD/2019/53040
CAT 1

The UNCRC (1989) is complemented by the ACRWC (1990) to address the plight of the
child. Asses the existing similarities and dissimilarities in the two documents (30Marks)

SIMILARITIES

The two conventional documents identify a child as any one who is below 18 years of age. In
the UNCRC and ACWRC the age bracket of a child is below 18years.

They both address that a child has a Right to citizenship upon attaining the age of 18 years.

Both UNCRC and ACRWC have a provision for protection of a child who is permanently or
temporarily deprived of his family environment for any reason, state parties are obligated to
ensure a child who is parentless and who his best of interests cannot be brought u or allowed
to remain in that environment be provided with alternative family care which would include
foster placement or placement in suitable institution for care of the child.

They both discuss Rights of children including right to life, to education,to protection and
good health.

Both instruments provide for non-discrimination. State parties are obligated to protect
children form any form of discrimination and to take a positive action to promote their rights
and freedom irrespective of the child, his parents, or legal guardian, role, ethnic group, race,
colour, sex, language, religion, political, or other opinion, national and social origin, fortune,
birth or other status.

Both UNCRC and ACRWC advocate for the state to provide protection of children form use
of narcotic and psychotropic substances and to prevent the use of children in production or
distribution of such substances.

Both ANCRC and ACRWC should obligate state parties to ensure that parents or other
parsons’ responsible for the child should have primary responsibility of the upbringing and
development of the child. Both treaties provide that state parties will assist parents in child-
raising.

They both advocate for children with disabilities to have opportunities to access education.
Both the UNCRC and ACWRC were created to protect children against all forms of abuse
and neglect

Both the UNCRC and the ACWRC address on the child's freedom of expression.A child who
is able to communicate his/her views be assured the Right to express freely.

They both address that children have the Right to Education. Every child should be allowed
to access Education as it's compulsory and free for all.

Both the UNCRC and ACWRC address the protection of privacy, that no child shall be
arbitrary/unlawful interfered with his privacy.

Both UNCRC and ACRWC obligates state parties to ensure that administration of juvenile
justice is in conformity with applicable laws to promote children sense of dignity and worth
and takes child age into account and aim at re-integration of the child into the society.

In both the UNCRC and ACWRC address that a child should have the Right to name and
nationality just after birth for identification.

Both the UNCRC and ACWRC discuss on the Right of non-discrimination, children should
be protected from any form of discrimination

DISSIMILARITIES

The UNCRC (1989) talks about issues affecting the child in the whole world while the
African charter addresses the child in Africa.

UNCRC mentions Kafalan of Islamic law which the ACWRC does not mention. UNCRC
considers adoption as alternative placement while ACRWC leaves it out.

ACRWC includes inhumane and degrading treatment under article 16 whereas UNCRC
contains protection against exploitation.

UNCRC states that children shall not be separated from their parents against their will
whereas the ACWRC States that no child shall be separated against his will.

ACRWC is a duplication of most of the rights already in UNCRC, the duplication of these
rights does not constitute an issue but a benefit of African children.

ACRWC is more explicit about certain issues relevant in Africa which are not in the
UNCRC.

ACRWC is reflective of and informed by African cultural values and heritage.UNCRC has
been ratified by all African States whereas ACRWC was ratified only by 41states.

UNCRC uses 'their' because the drafters sought to achieve a balance between rights of
parents and rights of the child.ACWRC deals only with the will of the child and is therefore
more child friendly than UNCRC.
ACRWC does not include rights of all interested parties, to have an opportunity to participate
in court proceeding on potential separation as is found in UNCRC.

UNCRC refers to competent authority whereas ACRWC speaks about Judicial authority.
Competent authority refers to an authority which has the skill to determine what is in the
child's best interest.

ACRWC does not set any minimum standard of quality to care for the health issues the state
are to undertake.UNCRC specifically obligates States parties to provide for a minimum age
for admission to employment. UNCRC also includes the right to be free from work that
interferes with the child's education or may be harmful for his health.

In conclusion, the ACRWC was initiated because the member States of African Union
believed that UNCRC missed important sociocultural and economic realities particular to
Africa. It emphasizes the need to include African cultural values and experiences when
dealing with rights of the child such as, challenging traditional African views which often
conflict with children right such as child marriage,parental rights and obligation towards their
children and children born out of wedlock.

REFERENCES

Rodham, H (1973). "Children Under the Law". Harvard Educational Review. 43: 487–514
Wanjohi. A And Michael K (2009) Philosophical Sociological and Historical Foundation in
ECDE Longhorn

The African Charter on The Rights and Welfare of The Child (1990)

United Nations Convention on Rights of a Child (1989) document provided on E-learning

portal

Whiting BB and Edwards C (1973) A cross cultural analysis of sex differences in behavior of
children aged 3–11. Journal of Social Psychology, 91,171–88.