Abstract:
International law plays an important role in the promotion and protection of the
socio-economic rights of children with disabilities. International law bolsters the
mechanisms used to keep states accountable in the fulfilment of their obligations.
This article discusses two international law instruments, namely, the African
Charter on the Rights and Welfare of the Child and the Convention on the Rights
of Persons with Disabilities, with the aim to examine how they provide for and
protect the socio-economic rights of children with disabilities in the South African
context and, by implication, children in the African context as a whole. Socioeconomic
rights place a duty on states to ensure that all people have access to the
basic necessities of life, which include education, health care, food and water. Access
to these and other services ensures that children with disabilities, like all other
children, grow and develop in a manner that is cognisant of their specific needs and
best interests. The discussion takes the form of a focused comparison of the two
instruments, through which similarities and differences will be highlighted. The
discussion further points out the different ways in which these instruments could
reinforce the protection provided in national law to ensure that the socio-economic
rights of children with disabilities in South Africa are protected and promoted.
