ACERWC African Committee of Experts on the Rights & Welfare of the Child 2.7 Protection from torture, cruel and inhuman and degrading treatment Articles 37, 38 and 39 of the CRC provide for the child’s right to be protected from torture, cruel or inhuman and degrading treatment or punishment and from engaging in as well as the effects of armed conflict. It is important to note that the provisions of the CRC relating to the protection of children from sexual exploitation, sale and abduction on the one hand and engagement in armed conflict on the other, have been further expanded in two Optional Protocols to the CRC, namely, the Optional Protocol to the CRC on the Sale of Children, Child Prostitution and Child Pornography (CRC-OPSC) and the Optional Protocol to the CRC on the Involvement of Children in Armed Conflict (CRC-OPAC). The ACRWC under Article 16 provides that the states should take specific legislative, administrative, social and educational measures to protect children from all forms of torture, inhuman or degrading treatment and especially physical or mental injury or abuse, neglect or maltreatment including sexual abuse. The African Charter on Human and Peoples’ Rights under Article 5 provides that every person has the right to dignity inherent in a human being and all forms of exploitation and degradation of man particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment are prohibited. The African Commission on Human and People’s Rights in Huri-Laws v Nigeria stated that the term ‘Cruel, inhuman or degrading treatment or punishment’ is to be interpreted so as to extend to the widest possible protection against abuses, whether physical or mental.109 In the same case, the Commission went on to state that the prohibition of torture, cruel, inhuman or degrading treatment or punishment is absolute.110 African States have taken steps to put in place constitutional and legislative measures that guarantee human dignity and prohibit torture, cruel, inhuman or degrading treatment or punishment. For instance, Benin under Article 18 of its Constitution prohibits torture and other forms of degrading treatment. In addition, violence against children attracts strict punishment under Benin laws and corporal punishment is prohibited both at school and home.111 In Burkina Faso, the Constitution prohibits all cruel, inhuman and degrading treatment under Article 2. In Central African Republic, the Constitution under Article 3 provides that each individual is entitled to life and physical integrity. Therefore, every person including children is to be protected from torture, and other cruel, inhuman or degrading treatment.112 In Kenya, the Constitution under Article 29 provides that every person has the right to both freedom and security of person, which includes the entitlement not to be subjected to any form of violence or to be treated or punished in a cruel, inhuman or degrading manner. The Constitution of Kenya 2010 also under Article 25 provides that among others, the freedom from torture and cruel, inhuman or degrading treatment or punishment may not be limited. In particular, Article 53(1) (d) of the Constitution of Kenya 2010 provides that every child has a right to be protected from abuse and all forms of violence, inhuman treatment and punishment. In Gambia, the Constitution under Section 21 prohibits torture or inhuman or degrading treatment or punishment. In Ghana, the Constitution under Article 28(3) provides that ‘A child shall not be subjected to torture or other cruel, inhuman or degrading treatment or punishment.’ In Uganda, the Constitution under Article 24 provides that no person should be subjected to any 109 110 111 112 Huri-Laws v Nigeria (2000) AHRLR 273 (ACHPR 2000) para 40. Huri-Laws v Nigeria (n 109 above) Para 41. ACPF, Harmonisation of Children’s Laws in Benin Country Brief: Harmonisation of Children’s Laws in West and Central Africa (2012) p 6. ACPF, Harmonisation of Children’s Laws in Central African Republic Country Brief: Harmonisation of Children’s Laws in West and Central Africa (2012) p 37. 34