7.5.1
Article 3 provides as follows;
“1. In all actions concerning children, whether undertaken by public
or private social welfare institutions, courts of law, administrative
authorities or legislative bodies, the best interests of the child shall
be a primary consideration.”
7.5.2 Article 37 states the following; States Parties shall ensure that:
(a) No child shall be subjected to torture or other cruel, inhuman or
degrading treatment or punishment. Neither capital punishment nor
life imprisonment without possibility of release shall be imposed for
offences committed by persons below eighteen years of age;
(b) No child shall be deprived of his or her liberty unlawfully or
arbitrarily. The arrest, detention or imprisonment of a child shall be
in conformity with the law and shall be used only as a measure of
last resort and for the shortest appropriate period of time;
(c) Every child deprived of liberty shall be treated with humanity and
respect for the inherent dignity of the human person, and in a manner
which takes into account the needs of persons of his or her age. In
particular, every child deprived of liberty shall be separated from
adults unless it is considered in the child's best interest not to do so
and shall have the right to maintain contact with his or her family
through correspondence and visits, save in exceptional
circumstances;
(d) Every child deprived of his or her liberty shall have the right to
prompt access to legal and other appropriate assistance, as well as
the right to challenge the legality of the deprivation of his or her liberty
before a court or other competent, independent and impartial
authority, and to a prompt decision on any such act.
7.6
African Charter on the Rights and Welfare of the Child
7.6.1 Article 4 states the following;
1. In all actions concerning the child undertaken by any person
or authority the best interests of the child shall be the primary
consideration.
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