A promise fulfilled? African human rights system and West African state mechanisms in the protection of domestic child workers

Child domestic workers in West Africa often get a hard bargain in the labour market. From violations of their rights, to almost slavish conditions of child domestic workers in some West African states, they often find themselves in deplorable and unsafe spaces. Many child domestic workers in West Africa are abused in work environments where they hardly get protection, and cases of such human rights violations fail to get prosecuted. This study examines the influence of the African Charter on the Rights and Welfare of the Child 1999 (Children’s Charter) on state mechanisms, in the protection of child domestic workers in West Africa, focusing on Nigeria, Ghana and Sierra Leone. Despite the Charter’s promise to protect children’s rights, many of these young workers still face the risk of human rights abuse. By examining laws, legislative efforts, policy initiatives, and real-world practices, through content analysis, this case study research uncovers the extent to which the Children’s Charter has been implemented to safeguard these vulnerable children. Through case studies, and content analysis, a complex picture is revealed: while there have been significant steps forward in law and policy, enforcement remains weak, and socio-economic challenges persist. This article highlights the gap between the Charter’s ideals and the everyday reality for child workers. It was concluded that state mechanisms could leverage on local laws and the Children’s Charter to enhance protection of child domestic workers through capacity-building, while West African judiciaries could tackle the problem of executive inefficiency by supporting regional courts, like the ECOWAS Community Court and the African Court on Human and Peoples’ Rights by ensuring that the judgments of the ECOWAS Community Court are fully implemented and respected.