n African Human Rights Law Journal - Making a first impression : an assessment of the decision of the Committee of Experts of the African Children's Charter in the Nubian Children communication
|Article Title||Making a first impression : an assessment of the decision of the Committee of Experts of the African Children's Charter in the Nubian Children communication|
|© Publisher:||Pretoria University Law Press (PULP)|
|Journal||African Human Rights Law Journal|
|Affiliations||1 University of the Western Cape and 2 University of the Western Cape|
|Publication Date||Jan 2012|
|Pages||564 - 578|
The article analyses the Nubian Children communication, the very first case to be finalised by the African Committee of Experts on the Rights and Welfare of the Child. It critically reviews the progressive approach of the Committee of Experts with regard to its interpretation of the exhaustion of local remedies. The Committee ruled that the best interests principle should serve as an exception to the exhaustion of local remedies rule. While the approach of the Committee is commended, it is argued that this progressive approach should be lauded with caution. Further, the article argues that the African Committee of Experts' approach to the indivisibility of human rights guaranteed under the African Children's Charter in the Nubian children communication is progressive and capable of advancing human rights, particularly socio-economic rights, of children in the region. While this decision serves as an important precedent for advancing children's rights in the region, it misses an opportunity of adopting a gender-sensitive approach in the interests of the girl child.
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