The sen-nussbaum diagram of article 11(3) of the african charter on the rights and welfare of the child: Facilitating the relationship between access to education and development

Abstract

The right to education is an infinitely important right, the benefits of which are boundless. In the case of children, this position is even more emphasised. The right to education has been described as a ‘gateway right’, which leads to the realisation of a plethora of other rights. Although often done from an economics point of view, many authors have also written about the nexus between education and development. The realisation of the right to education, thus, has been shown to play a positive role in the realisation of developmental goals, both for children, as individuals, and for communities, as a whole. Regarding development, the works of Sen and Nussbaum have helped us to understand development in a marked way, which considers more than the gross national product. These authors, notably, introduced us to the language of ‘unfreedoms’ and ‘capabilities’. With its focus on the rights of the African child, this article begins by tracing some of the notable developments that have occurred since the adoption of the African Charter on the Rights and Welfare of the Child. Thereafter, the article focuses specifically on the realisation of the child’s right to education in Africa, as guaranteed in article 11(3) of the African Children’s Charter, through the lens of the theories of Sen and Nussbaum.