Protecting and Promoting the Rights of the Girl Child in the African Union : A study of the legal protection of girls in United Nations and African Union instruments and mechanisms

Abstract

This thesis seeks to analyze the UN Conventions and how they, through specific articles in the Conventions, General Comments and Committee comments, address the vulnerability of the girl child compared to AU Conventions and Committee comments. Further this thesis will look at one area of particular importance to the girl child in Africa, namely the practice of FGM. FGM is not mentioned specifically in the CRC or in CEDAW, but is clearly mentioned in the Women’s Protocol to the African Charter and harmful traditional practices in general have been given a broadened meaning in the ACRWC. The UN conventions are not as strong in their protection of the girl child, but the respective committees have repaired this flaw by taking a strong stand on discrimination and violence against girls. The AU conventions are flawed by not having strong committees attached to them.

Further this thesis briefly looked at the practice of FGM in three countries; Ethiopia, Sudan and Somalia and then specifically at how the practice was addressed legally. Lastly, domestic implementation of human rights law pertaining to the girl child was addressed.