26
Boshoff/Protecting the African child in a changing climate
with repercussions of negative impacts often manifesting over the
course of a lifetime.11 In the African context children make up more
than 40 per cent of the population.12 Furthermore, for physical and
socially constructed reasons, the impact of climate change differs
between girl children and boy children. For all of these reasons it is
necessary to look specifically at the needs of children in a changing
climate and the obligations that regional international law places on
states to protect them.
This article considers the particular vulnerability of the African
child to a changing climate and examines the extent to which the
existing rights of children, and where relevant rights of girl children
specifically, are protected particularly in the African Charter on the
Rights and Welfare of the Child (African Children’s Rights Charter) and
the Protocol to the African Charter on Human and Peoples’ Rights on
the Rights of Women in Africa (African Women’s Rights Protocol),
address these vulnerabilities. At the same time, it considers some
examples of international best practice to determine the extent to which
the African human rights system can learn from this, in order to better
protect the interests of the child on a continent bearing the brunt of a
changing climate. The aim of this article, while firstly to gain a better
understanding of the way in which the African child is particularly at
risk of climate change, is mainly normative, and sets out to identify the
challenges or gaps that exist in the rights themselves and in the
implementation of the rights of children and considers some of the
ways in which this may be improved, to ensure that the principle of the
best interest of the child is complied with and the vulnerabilities of
children, particularly girl children, are addressed.
2
CLIMATE CHANGE AND THE AFRICAN
CHILD
Intersectionality theory expounds that the lived experiences of people
is the result of many factors, and that it is not possible to gain a full
understanding of the situation of specific people without consideration
of their intersecting identities. McGibben and McPherson explain it as
follows:
Identities, sometimes referred to as identity markers, intersect to compound
oppression. Age, culture, (dis)ability, ethnicity, gender, immigrant status, race,
sexual orientation, social class, and spirituality all denote social location, a powerful
determinant of one’s access to the social and material necessities of life.13
the issue’ in The Future of Children (ed) (2016) Children and Climate change http://
www.futureofchildren.org/publications/journals/journal_details/index.xml?journalid=
86 (accessed 25 September 2016) 3, 4.
11
UNICEF UK ‘No place to call home: Protecting children’s rights when the changing
climate forces them to flee’ 4.
12
World Bank ‘Population Ages 0-14 (per cent of total) data for 2016 indicates that
42per cent of the population in Sub-Saharan Africa were between ages 0 to 14 years.
http://data.worldbank.org/indicator/SP.POP.0014.TO.ZS?locations=ZG
(accessed
12 October 2017).
13 E McGibben & C McPherson ‘Applying Intersectionality & Complexity Theory to
Address the Social Determinants of Women’s Health’ (2011) 61.