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WILMA MORAA ISABOKE
[It is] essential to pay particular attention to the right to development, and that civil
and political rights cannot be dissociated from economic, social and cultural rights in
their conception as well as universality and that the satisfaction of economic, social
and cultural rights is a guarantee for the enjoyment of civil and political rights."
The Charter also guarantees rights to all without discrimination by requiring
the application of all the Charter rights “without distinction of any kind such as
race, ethnic group, colour, sex, language, religion, political or any other opinion,
national and social origin, fortune, birth or any status.””°
It explicitly mentions that “every individual shall have the right to education.”
Thus, to realize the right to development as mentioned in the preamble, African
States party to the Charter must guarantee education to all within its jurisdiction.
However, this has not been the reality for many, especially girls and women. To
address challenges confronted by girls and women in Africa, The African Union
established the Protocol to the African Charter on Human and Peoples’ Rights on
the Rights of Women in Africa (hereafter the Maputo Protocol).
The African Charter on the Rights and Welfare
of the Child (1999)
The Child Charter underscores the significance of early access to education and
defines a child as a human below 18 years. It underlines that every child in Africa
is entitled to rights and freedoms without discrimination on sex and among other
grounds.”’
The disparities in access to education in the African continent between girls and
boys are addressed by article 11, paragraph 3. It explicitly directs States to provide
free basic education for all and pay particular attention to school attendance and
retention, affecting many girls.*® States are to take appropriate measures that have
a gendered perspective to ensure equal access.”
24 The Banjul Charter (1986).
25 The Banjul Charter, Article 2.
26 The Banjul Charter, Article 17.
2 The African Charter on the Rights and Welfare of the Child (1999), Article 3.
28 The African Charter on Rights of the Child, Article 11(3- a,c &e).
29 The African Charter on Rights of the Child, Article 11(3- a,c &e).
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