Know your rights: The right to freedom
Tuesday, July 24, 2018

Freedom is an important human right because it allows people to become their authentic selves by protecting them from being muffled, coerced or enslaved into living in a way that’s against their will. For this reason, the African Charter on the Rights and Welfare of the Child (ACRWC) grants children the right to freedom.

Article 7 of the ACRWC provides for freedom of expression. It states: "Every child who is capable of communicating his or her own views shall be assured the rights to express his opinions freely in all matters and to disseminate his opinions subject to such restrictions as are prescribed by laws.”   

This means that even though it’s important to listen to parents, teachers and other people in authority, children also have the right to be heard. An example of this is that if a person wants to adopt a child who is above the age of twelve, the opinion and consent of such a child must be sought.

It’s important to note however, that freedom of expression doesn’t guarantee trampling the rights of other people. Children must express themselves in accordance with the law, avoiding racist slurs, religious biases, divisionism and every other offensive form of expression.

Another kind of freedom that the ACRWC grants as stated in article 8, is freedom of association. What it means is that every child is free to associate with whomever they please and they have the freedom to assemble peacefully as long as it is within the law.

Under article 9 of the African Charter on the Rights and Welfare of the Child, every child is free to think for themselves. They also have the freedom to choose a religious sect. This is subject to the guidance of parents and legal guardians who are supposed to execute their duties with the child’s best interest at heart and in accordance with national laws and policies.

The African Charter on the Rights and Welfare of the Child also protects the freedom to be a private citizen. As such, article 10 of the ACRWC prohibits unlawful interference with a child’s privacy, family home or the child’s means of communication. Additionally, the ACRWC outlaws any attack on a child’s honour or reputation.

This doesn’t mean that parents are not allowed in their children’s rooms or that they are not allowed to discipline or rebuke them within reason. Article 10 adds a conditional clause: "parents or legal guardians shall have the right to exercise reasonable supervision over the conduct of their children.”