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Instruments of the AU
Article 3: Non-discrimination
Every child shall be entitled to the enjoyment of the rights and freedoms
recognised and guaranteed in this Charter irrespective of the child’s or his or
her parents’ or legal guardians’ race, ethnic group, colour, sex, language,
relation, political or other opinion, national and social origin, fortune, birth
or other status.
Article 4: Best interests of the child
1.
In all actions concerning the child undertaken by any person or
authority, the best interests of the child shall be the primary consideration.
2.
In all judicial or administrative proceedings affecting a child who is
capable of communicating his or her own views, [an] opportunity shall be
provided for the views of the child to be heard either directly or through an
impartial representative as a party to the proceedings, and those views shall
be taken into consideration by the relevant authority in accordance with the
provisions of appropriate law.
Article 5: Survival and development
1.
Every child has an inherent right to life. This right shall be protected by
law.
2.
State parties to the present Charter shall ensure, to the maximum
extent possible, the survival, protection and development of the child.
3.
Death sentence shall not be pronounced for crimes committed by
children.
Article 6: Name and nationality
1.
Every child shall have the right from his birth to a name.
2.
Every child shall be registered immediately after birth.
3.
Every child has the right to acquire a nationality.
4.
State parties to the present Charter shall undertake to ensure that their
constitutional legislations recognise the principles according to which a child
shall acquire the nationality of the state in the territory of which he or she
has been born if, at the time of the child’s birth, he or she is not granted
nationality by any other state in accordance with its laws.
Article 7: Freedom of expression
Every child who is capable of communicating his or her own views shall be
assured the right to express his opinions freely in all matters and to
disseminate his opinions subject to such restrictions as are prescribed by
laws.
Article 8: Freedom of association
Every child shall have the right to free association and freedom of peaceful
assembly in conformity with the law.
Article 9: Freedom of thought, conscience and religion
1.
Every child shall have the right to freedom of thought, conscience and
religion.
2.
Parents, and where applicable, legal guardians shall have a duty to
provide guidance and direction in the exercise of these rights having regard
to the evolving capacities, and best interests of the child.
3.
State parties shall respect the duty of parents and, where applicable,
legal guardians to provide guidance and direction in the enjoyment of these
rights subject to the national laws and policies.