I Edmund Amarkwei Foley, hereby declare that this dissertation is original and has never been pre... more I Edmund Amarkwei Foley, hereby declare that this dissertation is original and has never been presented in any other institution. I also declare that any secondary information used has been duly acknowledged.
Tucked in the belly of Senegal lies one of Africa's small countries - The Gambia - snaking it... more Tucked in the belly of Senegal lies one of Africa's small countries - The Gambia - snaking its way inland eastwards along the River Gambia. In spite of criticisms of the country's human rights record, The Gambia can boast of one of the admirable pieces of children's legislation on the continent. With regard to child justice, section 72(1)(f) of the Children's Act, 2005 provides mandatory legal representation for children in conflict with the law, without which a trial cannot proceed. This provision is buttressed by section 30(1)(b) of the Legal Aid Act, 2008 which requires the National Agency for Legal Aid (NALA) to provide legal aid for children pursuant to the Children's Act.
Prepared under the supervision of Dr. Enid Hill at the Department of Political Science, School of... more Prepared under the supervision of Dr. Enid Hill at the Department of Political Science, School of Humanities and Social Sciences, American University in Cairo, Egypt
The article analyses the Nubian Children communication, the very first case to be finalised by th... more The article analyses the Nubian Children communication, the very first case to be finalised by the African Committee of Experts on the Rights and Welfare of the Child. It critically reviews the progressive approach of the Committee of Experts with regard to its interpretation of the exhaustion of local remedies. The Committee ruled that the best interests principle should serve as an exception to the exhaustion of local remedies rule. While the approach of the Committee is commended, it is argued that this progressive approach should be lauded with caution. Further, the article argues that the African Committee of Experts' approach to the indivisibility of human rights guaranteed under the African Children's Charter in the Nubian children communication is progressive and capable of advancing human rights, particularly socio-economic rights, of children in the region. While this decision serves as an important precedent for advancing children's rights in the region, it mi...
In a globalised world, a number of traditional societal idiosyncrasies are being influenced by ot... more In a globalised world, a number of traditional societal idiosyncrasies are being influenced by other national and international approaches to how society functions. The justice system is one of society's arms which has witnessed such transformation. In child justice, international norms and national best practice have introduced new ways of dealing with children in conflict with the law. Nevertheless, the traditional, communal approach to child development and wellbeing, captured in the African adage, 'it takes a village to raise a child', has been put into practical effect for children in conflict with the law in Lesotho's Children's Protection and Welfare Act, 2011 (No 7 of 2011) (hereafter CPWA). The CPWA has innovatively integrated restorative justice from the village level into the child justice system established under the Act. This article gives a descriptive over-view of the Village Child Justice Committee system established by the Act. It begins with a b...
I Edmund Amarkwei Foley, hereby declare that this dissertation is original and has never been pre... more I Edmund Amarkwei Foley, hereby declare that this dissertation is original and has never been presented in any other institution. I also declare that any secondary information used has been duly acknowledged.
Tucked in the belly of Senegal lies one of Africa's small countries - The Gambia - snaking it... more Tucked in the belly of Senegal lies one of Africa's small countries - The Gambia - snaking its way inland eastwards along the River Gambia. In spite of criticisms of the country's human rights record, The Gambia can boast of one of the admirable pieces of children's legislation on the continent. With regard to child justice, section 72(1)(f) of the Children's Act, 2005 provides mandatory legal representation for children in conflict with the law, without which a trial cannot proceed. This provision is buttressed by section 30(1)(b) of the Legal Aid Act, 2008 which requires the National Agency for Legal Aid (NALA) to provide legal aid for children pursuant to the Children's Act.
Prepared under the supervision of Dr. Enid Hill at the Department of Political Science, School of... more Prepared under the supervision of Dr. Enid Hill at the Department of Political Science, School of Humanities and Social Sciences, American University in Cairo, Egypt
The article analyses the Nubian Children communication, the very first case to be finalised by th... more The article analyses the Nubian Children communication, the very first case to be finalised by the African Committee of Experts on the Rights and Welfare of the Child. It critically reviews the progressive approach of the Committee of Experts with regard to its interpretation of the exhaustion of local remedies. The Committee ruled that the best interests principle should serve as an exception to the exhaustion of local remedies rule. While the approach of the Committee is commended, it is argued that this progressive approach should be lauded with caution. Further, the article argues that the African Committee of Experts' approach to the indivisibility of human rights guaranteed under the African Children's Charter in the Nubian children communication is progressive and capable of advancing human rights, particularly socio-economic rights, of children in the region. While this decision serves as an important precedent for advancing children's rights in the region, it mi...
In a globalised world, a number of traditional societal idiosyncrasies are being influenced by ot... more In a globalised world, a number of traditional societal idiosyncrasies are being influenced by other national and international approaches to how society functions. The justice system is one of society's arms which has witnessed such transformation. In child justice, international norms and national best practice have introduced new ways of dealing with children in conflict with the law. Nevertheless, the traditional, communal approach to child development and wellbeing, captured in the African adage, 'it takes a village to raise a child', has been put into practical effect for children in conflict with the law in Lesotho's Children's Protection and Welfare Act, 2011 (No 7 of 2011) (hereafter CPWA). The CPWA has innovatively integrated restorative justice from the village level into the child justice system established under the Act. This article gives a descriptive over-view of the Village Child Justice Committee system established by the Act. It begins with a b...
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