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children rights
The protection of children’s rights under international law from a
Namibian perspective
Oliver C Ruppel
I dedicate this article to all the children under the Namibian sun and stars and in particular to my lovely children Franziska Freyja Nicolette and Sophia Emma Antoinette Mandisa

Introduction
International provisions relating to the protection of children’s rights exist within various legal systems. For the purpose of this chapter, these legal systems are subdivided into three levels, namely global, regional and sub-regional. Before turning to the protection of children’s rights within these levels, however, the paper briefly introduces the application of international law in Namibia.
The focus within the protection of children’s rights on a global level will be on the legal framework of the United Nations (UN). Being a member of the UN since 1990, Namibia is party to many UN Conventions and has shown a strong commitment towards the protection of children’s rights. Although the UN legal framework offers broad protection of children’s rights, legal instruments by other global institutions also play a key role in the field of children’s rights in Namibia, and will therefore be outlined accordingly.
Besides the global level, children’s rights are also laid down on the regional and subregional level. In this context, the systems to be discussed from a Namibian perspective are those of the African Union (AU) and the Southern African Development Community
(SADC).

The application of international law in Namibia
There is no task more important than building a world in which all of our children can grow up to realize their full potential, in health, peace and dignity.1

International law has developed rapidly over the past few decades, especially since the dawn of the UN, when rules and norms regulating activities carried on outside the legal boundaries of nations were developed. Numerous international agreements – bilateral, regional or



References: ACERWC/African Committee of Experts on the Rights and Welfare of the Child. 2002. ACERWC/African Committee of Experts on the Rights and Welfare of the Child. 2003. ACERWC/African Committee on the Rights and Welfare of the Child. 2005a. Report of the African Committee of Experts on the Rights and Welfare of the Child ACERWC/African Committee of Experts on the Rights and Welfare of the Child. 2006b. Guidelines on the conduct of investigations. Text available in Sheahan, F. 2009. ACERWC/African Committee of Experts on the Rights and Welfare of the Child. 2006c. Annan, KA. 2001. “Preface”. We the children: Meeting the promises of the World Summit for Children AU/African Union. 2007. Call for accelerated action on the implementation of the Plan of Action Towards Africa Fit for Children (2008–2012) Bause, T. 2008. “Nam children still dying from preventable diseases”. The Namibian, 30 January 2008. Brett, R. 2009. “Rights of the child”. In Krause, C & M Scheinin (Eds.). 2009. Buck, T. 2005. International child law. London: Cavendish Publishing Limited. Chirwa, DM. 2002. “The merits and demerits of the African Charter on the Rights and Welfare of the Child” Committee Against Torture. 2005. Consideration of reports submitted by States Parties under Article 19 of the Convention: Conclusions and recommendations of the Committee on the Rights of the Child. 1994. Concluding observations of the Committee on the Rights of the Child: Namibia Committee on the Rights of the Child. 2001. General Comment No. 1 on the aims of education Committee on the Rights of the Child. 2002. General Comment No. 2 on the role of independent national human rights institutions Committee on the Rights of the Child. 2003a. General Comment No. 3 on HIV/AIDS and the rights of the child Committee on the Rights of the Child. 2003b. General Comment No. 4 on adolescent health and development in the context of the Convention on the Rights of Committee on the Rights of the Child. 2003c. General Comment No. 5 on general measures of implementation of the Convention on the Rights of the Child. Committee on the Rights of the Child. 2005. General guidelines for periodic reports regarding the form and content of periodic reports to be submitted by States Detrick, S. 1999. A commentary on the United Nations Convention on the Rights of the Child Dugard, J. 2005. International law – A South African perspective (Third Edition). Erasmus, G. 1991. “The Namibian Constitution and the application of international law in Namibia” Fortin, J. 2005. Children’s rights and the developing law (Second Edition). Cambridge: Cambridge University Press. Gawanas, B. 2008. Opening Speech of the 11th Session of the African Committee of Experts on the Rights and Welfare of the Child[,] Addis Ababa, 26 May, 2008.

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