Article 18
PROTECTION OF THE FAMILY
1.
The family shall be the natural unit and basis of society. It shall enjoy
the protection and support of the State for its establishment and
development.
2.
States Parties to the present Charter shall take appropriate steps
to ensure equality of rights and responsibilities of spouses with
regard to children during marriage and in the event of its dissolution.
In case the dissolution, provision shall be made for the necessary
protection of the child.
3.
No child shall be deprived of maintenance by reference to the
parents’ marital status.
Article 19
PARENTAL CARE AND PROTECTION
1.
Every child shall be entitled to the enjoyment of parental care and
protection and shall, whenever possible, have the right to reside
with his or her parents. No child shall be separated from his parents
against his will, except when a judicial authority determines in
accordance with the appropriate law, that such separation is in the
best interest of the child.
2.
Every child who is separated from one or both parents shall have
the right to maintain personal relations and direct contact with both
parents on a regular basis.
3.
Where separation results from the action of a State Party, the State
Party shall provide the child, or if appropriate, another member of
the family with essential information concerning the whereabouts of
the. absent member or members of the family. States Parties shall
also ensure that the submission of such a request shall not entail
any adverse consequences for the person or persons in whose
respect it is made.
4.
Where a child is apprehended by a State Party, his parents
or guardians shall, as soon as possible, be notified of such
apprehension by that State Party.
AFRICAN CHARTER
on the Rights and Welfare of the Child
17