The Prohibition of Torture and Ill-treatment in the African Human Rights System: A HANDBOOK FOR VICTIMS AND THEIR ADVOCATES VIII. Substantive Norms under Other African Human Rights Treaties 1. The Prohibition of Torture in the African Charter on the Rights and Welfare of the Child The prohibition of torture in the African Charter on the Rights and Welfare of the Child (ACRWC) is founded on the recognition that the development of the child into a balanced adult ‘requires legal protection in conditions of freedom, dignity and security’.273 The ACRWC was adopted in 1990 and came into force in 1999. In addressing the problem of torture relevant to children in Africa, the ACRWC identifies five specific aspects of the prohibition against torture, namely: traditional practices, protection against child labour, the protection of children from abuse and violence, due process protection and the protection of children in armed conflict or other situations of forced displacement. The Charter requires States to discourage customary, cultural or religious practices inconsistent with the human rights of children.274 The Charter defines such practices to include those that are ‘prejudicial to the health or life of the child’ or discriminatory to the child on grounds of gender.275 In this context, the African ACRWC prohibits the betrothal of both male and female children and prescribes 18 years as the age of marital consent.276 It is clear from these and other provisions described below, that the prohibition of torture and cruel, inhuman or degrading treatment is not limited to acts committed by State agents; the ACRWC includes provisions that address torture and other ill-treatment of children as committed by non-State actors.277 The range of measures that a State may take to discourage harmful practices become clearer on reading those provisions of the ACRWC that deal with child labour and child protection. These provisions require States Parties to take legislative and administrative measures, including the use of criminal sanctions and public education and information,278 to protect children against ‘all forms of economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child’s physical, mental, spiritual, moral, or social development’.279 273 ACRWC, Preambule. Note also that the ACRWC defines a child as a person under the age of 18; Ibid., Article 2. 274 Ibid., Article 1(3). 275 Ibid., Articles 21 (1)(a)-(b). 276 Ibid., Article 21(2). 277 Ibid., Articles 1(3), 10, 15, 16, 19(1), 20-21. 278 Ibid., Articles 15(2)(c)-(d). 279 Ibid., Article 15(1). 68