The General Comment No. 10 was formally adopted and launched last month during the Committee’s 46th Ordinary Session in Maseru, Lesotho, in the presence of government representatives from across Africa, children and young people, civil society organizations, academic institutions and human rights experts.
Issued by the African Union’s treaty monitoring body for children’s rights, the General Comment provides authoritative guidance on Article 25 of the African Charter on the Rights and Welfare of the Child, which guarantees special protection and assistance for children who are separated from their parents or deprived of a family environment. To date, 51 of the 55 African Union Member States have ratified the Charter.
"The document is a big win for children, young people and child focused CSOs who have been collaborating in the advocacy process for more protection and support from primary duty bearers," says Firew Bekele, Head of Advocacy and Communications for Eastern and Southern Africa at SOS Children's Villages International.
Turning legal commitments into practical action
General Comment No. 10 clarifies how governments should translate their legal obligations into laws, policies, budgets and services that protect the rights of an estimated 35 million children without parental care across Africa.
For decision-makers, the General Comment offers a clear framework for care reform, setting out what effective, rights-based systems for children without parental care should look like in African contexts.
Addressing persistent gaps in care systems
Across much of the continent, children without parental care continue to face systemic gaps in protection. More than 70 percent of African countries lack comprehensive policy and regulatory frameworks for alternative care. Minimum quality standards for care services are often absent, social work systems remain under-resourced, and the institutionalization of children is still widespread.
As a result, children without parental care are at heightened risk of violence and abuse, hazardous labour, mental health challenges, food insecurity, and exclusion from education and health care. Many grow up without the stable, nurturing relationships essential for their development and well-being.
General Comment No. 10 responds directly to these challenges. It emphasizes the prevention of unnecessary family separation, strong gatekeeping mechanisms, high-quality alternative care, and effective preparation and support for young people transitioning out of care. It also calls on governments to increase public investment in family strengthening and child protection systems.
The guidance makes clear that institutional care should be used only as a last resort and on a temporary basis. Importantly, the guidance calls on governments to progressively shift toward family- and community-based care wherever possible, alongside coordinated, multi-sector responses that address the root causes pushing children into care.
Centring children’s voices and diverse needs
Developed through an inclusive, multi-year process, the General Comment reflects the lived realities of children across Africa. Children and young people were actively engaged in shaping its content, reinforcing the principle that children have the right to participate in decisions affecting their lives.
The guidance also recognises the specific needs of children who face compounded discrimination and exclusion, including children with disabilities and children with albinism, and sets out tailored protection measures for these groups.
An achievement for child rights in Africa
The development of General Comment No. 10 was the result of collaboration between the African Committee of Experts on the Rights and Welfare of the Child, African Union Member States, civil society organisations, academic institutions, child rights experts, and children and young people themselves.
SOS Children’s Villages played a key role in supporting the process, providing technical expertise and financial support throughout the development, consultation, validation and adoption phases. Drawing on decades of experience supporting children without parental care, the organisation contributed evidence and policy guidance on care reform, service quality and care leaving.
This long-term advocacy effort was led by SOS Children’s Villages in Eastern and Southern Africa, with support from West, Central and North Africa and the Global Advocacy team, and made possible through the support of partners including the Danish International Development Agency, the Norwegian Agency for Development Cooperation and SOS Children’s Villages Worldwide.
From guidance to impact
With General Comment No. 10 now adopted, the focus turns to implementation. For African governments, the guidance provides a concrete roadmap to strengthen national child protection systems and fulfil their obligations under the African Charter.
For children without parental care, it represents a critical opportunity to move closer to a future where every child grows up safe, supported and cared for in a family environment.