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The foundations of rights in the African Charter on the Rights and Welfare of the Child : A historical and philosophical account

Title data

Kaime, Thoko:
The foundations of rights in the African Charter on the Rights and Welfare of the Child : A historical and philosophical account.
In: African Journal of Legal Studies. Vol. 3 (January 2010) Issue 1 . - pp. 119-136.
ISSN 1708-7384
DOI: https://doi.org/10.1163/221097312X13397499737029

Official URL: Volltext

Abstract in another language

This article examines the cultural-based critiques of the international human rights paradigm generally and children's rights in particular, with specific reference to Africa. In this regard, the paper attempts to identify gaps in the analyses of the African Charter on the Rights and Welfare of the Child. Towards that end, the paper proceeds in three parts. In the first section, it situates the discussion within the general framework of children's rights at international law. In the next section, it turns to an examination of the culture-based critiques of the idea of universal rights. Finally, in the fourth and fifth sections, it analyses the documents and literature that focus on the rights and welfare of the child. In the concluding section, the author raises several important questions regarding the propriety of this special category of human rights in the African context.

Further data

Item Type: Article in a journal
Refereed: Yes
Keywords: Human rights; Children's rights; Universalism; Cultural relativism
Institutions of the University: Faculties
Faculties > Faculty of Law, Business and Economics > Department of Law > Chair African Legal Studies > Chair African Legal Studies - Univ.-Prof. Dr. Thokozani Kaime
Faculties > Faculty of Law, Business and Economics
Faculties > Faculty of Law, Business and Economics > Department of Law
Faculties > Faculty of Law, Business and Economics > Department of Law > Chair African Legal Studies
Result of work at the UBT: No
DDC Subjects: 300 Social sciences > 340 Law
Date Deposited: 11 Jul 2020 21:00
Last Modified: 27 Jul 2020 07:42
URI: https://eref.uni-bayreuth.de/id/eprint/55775