Adopted during the 21st Ordinary Session

The main objectives of the GC 1 are to strengthen understanding of Article 30 of the African Charter on the Rights and Welfare of the Child (the Charter) and to define the legislation, policy and practice necessary to achieve its full implementation.

Scope:

The Committee asserts that the provisions of Article 30 do not just apply to mothers but also to fathers and primary caregivers who may be a foster parent or another family member such as a grand-parent. This is because large numbers of children in Africa are orphaned or living separated from their parents but may still require the protections guaranteed in Article 30. Article 30 applies when primary caregivers are accused or found guilty of infringing the criminal law. This encompasses all stages of criminal proceedings starting from arrest and continuing through to release and integration. The provisions of Article 30 apply whether the primary caregiver is in custody or subject to non-custodial measures.