Résumé:
eighteen years is to be welcomed. This is in contrast to the Convention, which,
while applying to persons under eighteen years in general, does limit its
application in certain instances. Indeed, some very far-reaching and innovative
provisions, for example the Article on children living under apartheid and serious
discrimination, have been incorporated in the Charter. Unfortunately, the
Charter is not able to maintain these innovations throughout the whole
document. Thus even though some parts of the Charter can be said to bear the
“African cultural fingerprint” this is mostly not the case, as this study shows.
However, given the fact that the Charter does not intend to lower the level of
protection, or to substitute the Convention, but rather to complement it, an
additional legal human rights instrument cannot do any real harm to the legal
situation of children. If the Charter contained only one single provision that
exceeded the level of protection already granted by other instruments, its existence
would not be in vain – and it has been shown that the Charter does contain
provisions that are able to do so. This fact, and its potentially better possibilities for
enforcement, constitute the real value of the Charter. Even though the approach of
this paper towards the Charter might be seen as fairly critical, and the conclusions
offering little encouragement, for these improvements alone the Charter must be
lauded. Furthermore the interpretations contained in this study could be understood
a a guide to develop the Charter to its full potential. Once authoritatively
interpreted by an appropriate body established under the Charter that clarifies the
points in doubt and excludes possibilities of regressive interpretation, the Charter
has the potential to step out of the Convention’s shadow. Particularly because of
its enforcement provisions, the Charter has the potential to be a living instrument
that is able to adapt to changing circumstances and to be developed to the greatest
possible benefit of children. This inherent potential is the real value of the Charter.
