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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
Authors:Durojaye, EbenezerISNI
Foley, Edmund Amarkwei
Periodical:African Human Rights Law Journal (ISSN 1609-073X)
Geographic term:Kenya
Subjects:African Charter on the Rights and Welfare of the Child
children's rights
offences against human rights
Abstract:The article analyses the Nubian Children communication, the very first case to be finalized by the African Committee of Experts on the Rights and Welfare of the Child, in Kenya. 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. Notes, ref., sum. [Journal abstract]