Towards Inductive Justice for Child Protection and the Inclusion of Persons With Disabilities in Africa

Abstract

In a context characterized by recurrent crises and persistent social inequalities, the genuine well-being of children and the social inclusion of persons with disabilities remain major challenges, particularly in Africa, which is home to a substantial proportion of this population. Despite significant normative developments and institutional commitments in recent years, considerable gaps persist in the effective implementation and enforcement of their recognized rights. This paper examines the conditions necessary for fostering a genuinely protective and inclusive environment based on the effective recognition, promotion, and full realization of the rights of children and persons with disabilities. Using a comparative and critical approach, the study analyzes the legal and institutional mechanisms established to safeguard these fundamental rights while identifying the principal barriers that continue to undermine their practical effectiveness. Drawing on the principles of inductive justice, the paper proposes a series of legal and policy reforms aimed at strengthening the protection, promotion, and enforcement of the rights of children and persons with disabilities. Ultimately, it argues that such reforms are essential to advancing more effective, equitable, and sustainable social inclusion across Africa.