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sustainable development are relatively better protected than boys. It is,
however, beyond the scope of this article to delve into the meaning of
the right to development and the right to a satisfactory environment as
provided for under the African Charter, as well as its implications for
the climate change responsibilities of States, and more research should
be done in this regard. Still, it remains unfortunate that the African
Children’s Rights Charter is silent on this important aspect of the
wellbeing of children. A slightly round-about way to argue for this right
under the African Children’s Rights Charter is to rely on the principle of
the best interest of the child, noting that clearly the negative
consequences of climate change, particularly for children, are such that
States have duties arising from this principle to ensure that children are
protected against these consequences.
3.3
Access to education
The right to education is one of the rights which has become one of the
most uncontroversial rights in the human rights repertoire. As such, it
is extensively provided for and protected in the African Children’s
Rights Charter, in the African Charter and the African Women’s Rights
Protocol. The African Children’s Rights Charter provides in article 11
that every child has the right to education, and that this places a duty on
the state in subsection (3) to (a) provide free and compulsory basic
education; (b) progressively make secondary education free; (d) take
measures to encourage regular attendance at schools and the reduction
in drop-out rates; (e) take special measures in respect of female
children to ensure equal access to education. Read as a whole, this
section thus provides most of the elements which are needed in respect
of children’s right to education, also including a focus on girls’
education.
By providing that primary education must be free and compulsory,
the African Children’s Rights Charter provides a distinct disincentive to
parents to remove young children from school. Since it is free, their
ability to access school is not dependent on having the means to do so,
and being compulsory implies that there must be some kind of sanction
against parents who remove their children from school. Unfortunately,
similar safeguards do not exist with regard to secondary education, and
while the provision for progressively making secondary education free
is laudable, financial means are only one of the reasons why parents
may choose to take their adolescent children out of school. Other
reasons also account for parents’ taking their children out of school,
including that they may work for a source of income for the family, that
they may take over the running of the household and resource sourcing
or, in the case of girls, that they may be married to lessen the burden on
the family’s resources.
However, these areas that are left open by article 11(3)(b) are to
some extent remedied by the provisions of (d) and (e). If read together,
(d) and (e) provide for a whole range of creative actions which states
should take to ensure that girl children stay in school. Article 12 of the
African Women’s Rights Protocol provides similarly for the elimination