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The Convention on the Rights of the Child and the cultural legitimacy of children’s rights in Africa : Some reflections

Title data

Kaime, Thoko:
The Convention on the Rights of the Child and the cultural legitimacy of children’s rights in Africa : Some reflections.
In: African Human Rights Law Journal. Vol. 5 (January 2005) Issue 2 . - pp. 221-238.
ISSN 1609-073X
DOI: https://doi.org/10.15495/EPub_UBT_00004916

Official URL: Volltext

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Abstract in another language

The Convention on the Rights of the Child has been almost universally ratified. The author argues that its implementation depends to a large extent on the level of cultural legitimacy accorded to children's rights norms in a society. In Africa, children are seen as a valuable part of society. Despite this, cultural practices that are detrimental to children exist, such as female genital mutilation and inappropriate initiation rites. The Convention is underpinned by four principles: non-discrimination, participation, survival and development and the best interests of the child. Each of these principles can come into conflict with cultural practices. However, culture is not static and harmful practices can be overcome. This requires that the reasons for the existence of a practice are clearly understood, that solutions are found in consultation with practising communities and that adequate social support is given to individuals who choose to abandon the practice.

Further data

Item Type: Article in a journal
Refereed: Yes
Keywords: Children's rights, Implementation, Cultural legitimacy, Traditional harmful practices
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/55779