(2017) 1 African Human Rights Yearbook 135 The added value of article 2 has not only been in relation to proactive and ‘voluntary’ measures undertaken by State parties to align their laws and practice. Article 2 has also started to be used in enforcing the obligation of State parties under regional human rights law. For instance, as provided in more detail below,56 article 2 was used to convince (some would prefer to say ‘coerce’) the government of Malawi to amend its Constitution57 by raising the definition of a child from 16 years to 18 years. A regional standard that helps to align the definition of a child also facilitates protection of children across various jurisdictions in a region. In other words, a person that is considered to be a child in a particular jurisdiction benefits from the same status as a child in another jurisdiction within the region. This is important in particular in the context of international migration, trafficking, and intercountry adoption. However, it is also important to highlight the few limitations that an interpretation of article 2 needs to address concretely. While article 2 indicated the end of childhood, the beginning of childhood, and its implications and interactions in relation to sexual and reproductive health rights, including abortion, should benefit from some guidance. Moreover, article 2 should not only be seen as prescribing age, but emphasis should also be placed on the use of the term ‘child’. In a discourse where different terms such as ‘youth’, ‘young person’, ‘minor’, ‘infant’, ‘juvenile’, ‘nubile’, ‘toddler’, and even ‘kid’ are used, it is critical that legislation provides an overarching definition of a person below the age of 18 as a ‘child’. Moreover, in the context of the CRC, it has been observed that the ‘Convention provides a framework of principles; it does not provide direction on the specific age, or ages, at which children should acquire such rights’.58 The same can be said of the Charter, which might explain the wide state of influx in minimum ages on the continent. While determining whether a minimum age for a particular purpose (such as criminal responsibility, consent to medical treatment, surgery, sexual consent, standing in court, entering into contracts, the end of compulsory education etc) is congruent with the letter and spirit of the CRC is not simple,59 such minimum ages should also pay attention to best interests, non-discrimination, as well as ‘the evolving capacities of the child’ principle.60 56 See sec 5.2 below. Sec 23(5) of the Constitution of Malawi. 58 R Hodgkin and P Newell Implementation handbook for the Convention on the Rights of the Child (2007) 4. 59 Although, ages such as the minimum age for criminal responsibility has been established by the CRC Committee to be 12, see CRC Committee, General Comment 10 (2007) para 33 in this regard. 60 See article 5 of the CRC. 57