Samenvatting
In this valuable contribution to the debates on human rights, Dr Kaime argues that the Convention on the Rights of the Child will not advance children’s rights unless local communities see its provisions as culturally legitimate, that is, as in conformity to the values of their cultures. He provides a comprehensive introduction to the literature on children’s human rights, and reports on extensive fieldwork in local communities in Malawi. He finds that the formal implementation mechanisms of the CRC are inaccessible to most children and their supporters, and unable to inculcate a culture of respect for children’s rights. He shows that local institutions can be effective instruments of social control and change, and advances realistic, specific proposals through them to promote and protect children’s human rights. Gordon Woodman, Emeritus Professor of Law, Birmingham Law School In this remarkable work, Thoko Kaime develops the general theme of “children’s rights versus cultural particularity” into a rigorous analysis of the dynamic intersection of traditional African beliefs with the broad sweep of the United Nations Convention on the Rights of the Child. While all branches of international human rights law must confront the vexed question of cultural relativism, this is particularly so in the area of international children’s rights. While cultures and communities inevitably act as care givers and protectors of children, it is rare to find such a systemic exploration of local and regional perspectives on universal child right’s standards . The book draws simultaneously on a vast sociological literature and the author’s own experiences discussing issues in children’s rights with the people of Malawi. In pursuit of a methodology of reconciliation, the author sets himself the challenging task of finding points of intersection between two contrasting modes of thinking: indigenous African approaches to the rights and responsibilities of children, and the universalizing discourse of the Convention on the Rights of the Child. Sara Dillon, Professor of International Law, University of Suffolk School of Law
Thoko Kaime’s The Convention on the Rights of the Child: A cultural legitimacy critique looks at the protection and promotion of children’s rights through a socio-legal examination of the provisions of the world’s pre-eminent children’s rights treaty, the Convention on the Rights of the Child. The book focuses on this singular question: Does the Convention provide a culturally appropriate framework for the protection and promotion of children’s rights across different cultures? In examining this question, the book argues that the effective protection of the rights of the child will not be achieved unless the substantive protections are perceived as culturally legitimate by local communities and unless the implementation procedures are aimed at enhancing such legitimacy as opposed to merely ensuring adherence to form. The book benefits from a methodology that fuses international law methods with grounded anthropological narratives. It demonstrates that far from being abstract paper prescriptions, children’s rights frameworks are but a species of social and cultural interaction and that effective promotion and protection strategies must be alive to this dynamic. The book is a useful introduction to cultural critiques of children’s rights, in particular; and, indeed human rights generally.
Thuiswinkel Waarborg