The ACERWC draws its mandate from articles 32–46 of the African Charter on the Rights and Welfare of the Child (ACRWC), which was adopted by the Organization of African Unity (OAU) Heads of State and Government on 11 July 1990 and came into force on 29 November 1999.
The Committee is made of 11 members who are elected by the Assembly of Heads of State and Government of the African Union.
In February 2020, the Assembly decided to delegate its authority to the Executive Council to appoint members (Assembly/AU/Dec.760(XXXIII)).
Candidates are required to be of high moral standing, integrity, impartiality and competence in matters of the rights and welfare of children.
In January 2015, the AU Assembly adopted an amendment to article 37(1) to provide for members to be re-elected once for a five-year term (Assembly/AU/Dec.548(XXIV)).