The Court composed of: Augustino S. L. RAMAD HANl, President, Elsie N.
THOrv!PSON, Vice-Pres ident; Gera rd NlYUNGEKO; Duncan TAMBAL A;
Sylvain ORE; El Iladji GUISSE, Ben KlOKO; Raffia BEN ACHOUR; Judges: and
Robert ENO, Registrar ,

Having deliberated,
Gives the following Advisory Opin ion:

l.

NATURE OF TIIE REQUEST

1.

The Afh can Committee of Experts on the Rights & Welfare of the Child
(hereinafter the "Committee") seized the African Court on Human and Peoples'
Rights (hereinafter refeiTed to as the "Cowt") with a Request for Ad visory Opinion
under Article 4 of the Protocol to the African Charter on Human and Peoples'
Rights on the Establishment of an Afri can Cowt on Human and Peoples' Rights
(hereinafter referred to as "the Protocol") and Rule 68 of the Rules of Court
(hereinafter referred to as the "Rules").
2.

Tl1e Committee submits that it is establishe d under Ali.icle 32 of the African

Charter on the Rights and Welfare of the Child (hereinafter referred to as the
"Children 's Charter"), within the African Union, to inter alia, promote and protect
the rights enshrined in the Children's Charter, formulate and lay down rules and
principles aimed at protecting the rights and welfare of children in Africa and,
interpret provisions of the Chj ldren's Chruter. 1 The Committee further submits that
1

DSA/ACE/64/1697 13, at paragraph 1,

~?~i

2

Select target paragraph3