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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). + 306 +
