ACERWC/GC/02 (2014)
2. Main Objectives
10.
This General Comment is addressed to all stakeholders who play a role
in the implementation of the African Children’s Charter and especially the rights
embedded in Article 6. This includes agencies of States parties - Parliaments
and judiciaries, civil society organizations, academics, legal practitioners, and
civil registry authorities. Its main objectives are to explicate principles contained
in the rights provided for under Article 6 and to give the above stakeholders
guidance on its implementation in practical sense.
3. General Nature of State Obligations
11.
In order to give effect to the rights enshrined in Article 6, States parties have
to keep in mind their overall obligation to respect, protect, promote, fulfill children’s
rights in accordance with their obligations stemming from Article 1 of the African
Children’s Charter requiring them “to undertake the necessary steps, in accordance
with their Constitutional processes and with the provisions of the present Charter,
to adopt such legislative or other measures as may be necessary to give effect to
the provisions of this Charter.” The Committee specifically expects States parties
which do not have civil registration laws to adopt them, those whose civil registration
laws are not implemented to implement them, and those whose laws are deficient
or outdated to align them to the required standards through law reform, drawing
inspiration from the present General Comment and best practices from other States
parties.
12.
The Committee regards the existence of up to date, comprehensive and
international law-compliant legislation underpinning civil registration as fundamental
to the fulfillment of the child’s right to a name, and to registration of birth. Legislation
should specify, inter alia: the regulation of the role of government agencies involved
in civil registration; the regulation of any semi government authorities involved in
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