Evoking the Principle of Subsidiarity: Merit for a SADC Protocol for Children Merit for a SADC Protocol for Children

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Musavengana W.T. Winston Chibwana


Child rights civil society in SADC are pushing for a protocol for children. With the effort which these organisations are exerting, it raises the obvious questions: Is there need for such a protocol, what will be the value add? Are not the ratifications which the countries did at international and regional levels not enough? Are we not burdening the member states by asking them to have another instrument when they seem to be struggling with the already existing ones? How will accountability be ensured? The paper provides rationale for the children’s protocol and prospective content that will be encapsulated therein. As one of the mainstay reasons is the emerging child rights issues not adequately covered in existing child rights normative frameworks such as the ACRWC and the UNCRC. Consequently, there is no jurisprudence of how states parties can deal with these emerging issues. Further, SADC has twenty seven protocols dealing with a plethora of issues. The available protocols do not systematically address child rights in line with the four cardinal principles of children’s rights. It is a realization of these issues that has prompted child rights civil society to lobby SADC to come up with a SADC protocol for children.

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Chibwana, M. W. (2020). Evoking the Principle of Subsidiarity: Merit for a SADC Protocol for Children. African Journal Of Governance & Development, 9(1), 106-123. Retrieved from https://journals.ukzn.ac.za/index.php/jgd/article/view/1573