Protecting the World's Children Impact of the Convention on the Rights of the Child in Diverse Legal Systems
Book contents
- Frontmatter
- Contents
- Acknowledgements
- Foreword
- Contributors
- Introduction and Overview
- 1 A Comparative Study of the Impact of the Convention on the Rights of the Child: Law Reform in Selected Common Law Countries
- 2 A Comparative Study of the Impact of the Convention on the Rights of the Child: Law Reform in Selected Civil Law Countries
- 3 A Comparative Perspective of the Convention on the Rights of the Child and the Principles of Islamic Law: Law Reform and Children's Rights in Muslim Jurisdictions
- 4 Law Reform and Children's Rights in Plural Legal Systems: Some Experiences in Sub-Saharan Africa
- Index
- References
4 - Law Reform and Children's Rights in Plural Legal Systems: Some Experiences in Sub-Saharan Africa
Published online by Cambridge University Press: 30 October 2009
Book contents
- Frontmatter
- Contents
- Acknowledgements
- Foreword
- Contributors
- Introduction and Overview
- 1 A Comparative Study of the Impact of the Convention on the Rights of the Child: Law Reform in Selected Common Law Countries
- 2 A Comparative Study of the Impact of the Convention on the Rights of the Child: Law Reform in Selected Civil Law Countries
- 3 A Comparative Perspective of the Convention on the Rights of the Child and the Principles of Islamic Law: Law Reform and Children's Rights in Muslim Jurisdictions
- 4 Law Reform and Children's Rights in Plural Legal Systems: Some Experiences in Sub-Saharan Africa
- Index
- References
Summary
INTRODUCTION
The ratification of an international human rights treaty by a State is meant to confer rights on people within that State. It also creates an obligation on successive governments to realize those rights within the country, and at the national level. The UN Convention on the Rights of the Child (CRC), as one of the most recent international treaties, introduces a different dimension by adopting some new approaches to the content of rights, as well as obligations created under it. This has posed both challenges and opportunities in regard to using the legal system to implement the rights guaranteed under the Convention.
The CRC sometimes uses language that is familiar to many legal systems by imposing the obligation to realize rights on different agencies of the State. For instance,Article 3 refers to the obligation of public social welfare institutions, courts of law, administrative authorities or legislative bodies to make the best interests of the child a primary consideration in their actions concerning children. Similarly, Article 4 requires States parties to undertake “legislative administrative and other measures” for the implementation of the rights of the child. The emphasis on the State and its agencies as the key duty bearers, as well as the role of legislation in realizing rights, conforms to the traditional view that adopting a law or legal reform is an isolated act of the State.
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- Protecting the World's ChildrenImpact of the Convention on the Rights of the Child in Diverse Legal Systems, pp. 209 - 264Publisher: Cambridge University PressPrint publication year: 2007
References
Committee on the Elimination of Discrimination against Women. ‘Initial report of States Parties: Zimbabwe’. U.N. Doc. CEDAW/C/ZWE/1. 20 July 1996.
Committee on the Elimination of Racial Discrimination. ‘Concluding Observations of the Committee on the Elimination of Racial Discrimination: Zimbabwe’. U.N. Doc. CERD/C/304/Add.92. 19 Apr. 2000.
Committee on the Elimination of Racial Discrimination. ‘Fourth periodic reports of States parties due in 1998 (Addendum): Zimbabwe’. U.N. Doc. CERD/C/329/ Add.1. 20 Oct. 1998.
Committee on the Rights of the Child. ‘Initial reports of States parties due in 1992 (Addendum): Zimbabwe’. U.N. Doc. CRC/C/3/Add.35. 12 Sept. 1995.
Economic and Social Council. ‘Implementation of the International Covenant on Economic, Social and Cultural Rights: Initial reports submitted by States parties under articles 16 and 17 of the Covenant (Addendum): Zimbabwe’. U.N. Doc. E/1990/5/Add.28. 25 Sept. 1995.
Human Rights Committee. ‘Initial reports of States parties due in 1992 (Addendum): Zimbabwe’. U.N. Doc. CCPR/C/74/Add.3. 29 Sept. 1997.
. Children's and Women's Rights in Zimbabwe: Theory and Practice. Harare: UNICEF Zimbabwe, 2002.Google Scholar
Khan, N. ‘National Study of Zimbabwe’. Unpublished study for the Legislative Reform Initiative, UNICEF, 2004.
New York Times International. 16 Oct. 2004.
‘Student Leader Battles for Life’. Zimbabwe Standard. 17 Oct. 2004 (Zim Online (S.A), 19 Oct. 2004, www.zwnews.com/issuefull.cfm?ArticleID=10399).
Sunday Mirror Zimbabwe. 17 Oct. 2004.
U.S. Department of Labor, Bureau of International Affairs. ‘Child Labour Report: Zimbabwe’. 8 Oct. 2004.
U.S. Department of State. Country Reports on Human Rights Practices – 1999: Zimbabwe. 23 Feb. 2000. www.state.gov/g/drl/rls/hrrpt/1999/279.htm.
Committee on Economic, Social and Cultural Rights. ‘Concluding Observations of the Committee on Economic, Social and Cultural Rights: Benin’. U.N. Doc. E/C12/1Add.78. 5 June 2002.
Committee on the Rights of the Child. ‘Concluding Observations of the Committee on the Rights of the Child: Benin’. U.N. Doc. CRC/C/15/Add.106. 24 Aug. 1999.
Committee on the Rights of the Child. ‘Initial reports of States parties due in 1992 (Addendum): Benin’. U.N. Doc. CRC/C/3/Add.52. 4 July 1997.
Dako, F. ‘Study Report on the Initiatives of Reforms Related to the CRC in Benin’. Unpublished study for Legislative Reform Initiative, UNICEF, 2004.
Economic and Social Council. ‘Implementation of the International Covenant on Economic, Social and Cultural Rights: Initial Reports Submitted by States Parties under Articles 16 and 17 of the Covenant (Addendum): Benin’. U.N. Doc. E/1990/5/Add.48. 5 Sept. 2001.
Human Rights Committee. ‘Consideration of reports submitted by States parties under Article 40 of the Covenant, Initial report: Benin’. U.N. Doc. CCPR/C/BEN/2004/1. 16 Feb. 2004.
U.S. Department of State, Country Reports on Human Rights Practices – 2002: Benin. 31 Mar. 2003. www.state.gov/g/drl/rls/hrrpt/2002/18168.htm.
Committee on the Elimination of Discrimination against Women. ‘Concluding Observations of the Committee on the Elimination of Discrimination against Women: Ghana’. CEDAW/C/GHA/1-2, 1992.
Committee on the Elimination of Racial Discrimination. ‘Concluding Observations of the Committee on the Elimination of Racial Discrimination: Ghana’. U.N. Doc. CERD/C/62/CO/4. 2 June 2003.
Committee on the Elimination of Racial Discrimination. ‘Seventeenth periodic reports of States parties due in 2002 (Addendum): Ghana’. U.N. Doc. CERD/C/431/ Add.3. 1 Oct. 2002.
Committee on the Rights of the Child. ‘Concluding Observations of the Committee on the Rights of the Child: Ghana’. U.N. Doc. CRC/C/15/Add.73. 18 June 1997.
Committee on the Rights of the Child. ‘Initial reports of States parties due in 1992 (Addendum): Ghana’. U.N. Doc. CRC/C/3/Add.39. 19 Dec. 1995.
Duncan, B. ‘Presentation on Cultural Practices Affecting Child Maintenance in Ghana’. Accra: UNICEF Ghana, 2004.
Quashigah, K. ‘Legislative Reform Initiatives, Institutional Development and Policy Changes in Favour of Children: A Ghana National Study’. Unpublished study for Legislative Reform Initiative, UNICEF, 2004.
Committee on the Rights of the Child. ‘Concluding Observations: Botswana’, U.N. Doc. CRC/C/15/Add.242. 3 Nov. 2004.
Kamchedzera, G. ‘A report of the Multisectoral Reference Group on the Legislative Reform Initiative and the Children's Reference Group’ (Botswana). Unpublished study for the Legislative Reform Initiative, UNICEF, 2004.
Imam F. Abdul Rauf. What's Right with Islam. San Francisco: Harper Collins, 2004.
ed. The Best Interests of the Child: Reconciling Culture and Human Rights. Oxford: Clarendon Press, 1994.Google Scholar
, ed. The International Survey of Family Law 2001. London: Jordon Publishing Ltd., 2001.
Comparative and International Law Journal of Southern Africa, Vols. 1998–2002.
Cook, P. ‘The Role of Culture in Implementing and Monitoring Children's Rights’ in Understanding Children's Rights, edited by , p. 67. Ghent, Belgium: University of Ghent, 1998.Google Scholar
Europa. Regional Survey of the World: Africa South of the Sahara. London and New York: Europa Publications, 33rd edn. 2004.
Gore, R. ‘Influencing Budgets for Children's Rights’. Working Paper. New York: UNICEF, 2004.
et. al. International Women's Rights Cases. London: Cavendish Publishing Ltd., 2005: pp. 572+.
Nundy, K. ‘The Global Status of Legislative Reform related to Convention on the Rights of the Child’. Unpublished paper for Legislative Reform Initiative, UNICEF, 2004.
United Nations. Bringing International Human Rights Law Home. New York: United Nations, 2000.
United Nations Children's Fund. Law Reform to Implement the Convention on the Rights of the Child: Background Paper. Florence: UNICEF Innocenti Research Centre, 2004.
United Nations Children's Fund. Legislative Measures in 50 States Parties to the CRC: Preliminary Overview. Florence: UNICEF Innocenti Research Centre, 2004.
United Nations Children's Fund. The State of the World's Children 2004. New York: UNICEF, 2003.
United Nations Development Programme. Human Development Report 2004. New York: UNDP, 2004.
Committee on the Elimination of Discrimination against Women. ‘Initial report of States Parties: Zimbabwe’. U.N. Doc. CEDAW/C/ZWE/1. 20 July 1996.
Committee on the Elimination of Racial Discrimination. ‘Concluding Observations of the Committee on the Elimination of Racial Discrimination: Zimbabwe’. U.N. Doc. CERD/C/304/Add.92. 19 Apr. 2000.
Committee on the Elimination of Racial Discrimination. ‘Fourth periodic reports of States parties due in 1998 (Addendum): Zimbabwe’. U.N. Doc. CERD/C/329/ Add.1. 20 Oct. 1998.
Committee on the Rights of the Child. ‘Initial reports of States parties due in 1992 (Addendum): Zimbabwe’. U.N. Doc. CRC/C/3/Add.35. 12 Sept. 1995.
Economic and Social Council. ‘Implementation of the International Covenant on Economic, Social and Cultural Rights: Initial reports submitted by States parties under articles 16 and 17 of the Covenant (Addendum): Zimbabwe’. U.N. Doc. E/1990/5/Add.28. 25 Sept. 1995.
Human Rights Committee. ‘Initial reports of States parties due in 1992 (Addendum): Zimbabwe’. U.N. Doc. CCPR/C/74/Add.3. 29 Sept. 1997.
. Children's and Women's Rights in Zimbabwe: Theory and Practice. Harare: UNICEF Zimbabwe, 2002.Google Scholar
Khan, N. ‘National Study of Zimbabwe’. Unpublished study for the Legislative Reform Initiative, UNICEF, 2004.
New York Times International. 16 Oct. 2004.
‘Student Leader Battles for Life’. Zimbabwe Standard. 17 Oct. 2004 (Zim Online (S.A), 19 Oct. 2004, www.zwnews.com/issuefull.cfm?ArticleID=10399).
Sunday Mirror Zimbabwe. 17 Oct. 2004.
U.S. Department of Labor, Bureau of International Affairs. ‘Child Labour Report: Zimbabwe’. 8 Oct. 2004.
U.S. Department of State. Country Reports on Human Rights Practices – 1999: Zimbabwe. 23 Feb. 2000. www.state.gov/g/drl/rls/hrrpt/1999/279.htm.
Committee on Economic, Social and Cultural Rights. ‘Concluding Observations of the Committee on Economic, Social and Cultural Rights: Benin’. U.N. Doc. E/C12/1Add.78. 5 June 2002.
Committee on the Rights of the Child. ‘Concluding Observations of the Committee on the Rights of the Child: Benin’. U.N. Doc. CRC/C/15/Add.106. 24 Aug. 1999.
Committee on the Rights of the Child. ‘Initial reports of States parties due in 1992 (Addendum): Benin’. U.N. Doc. CRC/C/3/Add.52. 4 July 1997.
Dako, F. ‘Study Report on the Initiatives of Reforms Related to the CRC in Benin’. Unpublished study for Legislative Reform Initiative, UNICEF, 2004.
Economic and Social Council. ‘Implementation of the International Covenant on Economic, Social and Cultural Rights: Initial Reports Submitted by States Parties under Articles 16 and 17 of the Covenant (Addendum): Benin’. U.N. Doc. E/1990/5/Add.48. 5 Sept. 2001.
Human Rights Committee. ‘Consideration of reports submitted by States parties under Article 40 of the Covenant, Initial report: Benin’. U.N. Doc. CCPR/C/BEN/2004/1. 16 Feb. 2004.
U.S. Department of State, Country Reports on Human Rights Practices – 2002: Benin. 31 Mar. 2003. www.state.gov/g/drl/rls/hrrpt/2002/18168.htm.
Committee on the Elimination of Discrimination against Women. ‘Concluding Observations of the Committee on the Elimination of Discrimination against Women: Ghana’. CEDAW/C/GHA/1-2, 1992.
Committee on the Elimination of Racial Discrimination. ‘Concluding Observations of the Committee on the Elimination of Racial Discrimination: Ghana’. U.N. Doc. CERD/C/62/CO/4. 2 June 2003.
Committee on the Elimination of Racial Discrimination. ‘Seventeenth periodic reports of States parties due in 2002 (Addendum): Ghana’. U.N. Doc. CERD/C/431/ Add.3. 1 Oct. 2002.
Committee on the Rights of the Child. ‘Concluding Observations of the Committee on the Rights of the Child: Ghana’. U.N. Doc. CRC/C/15/Add.73. 18 June 1997.
Committee on the Rights of the Child. ‘Initial reports of States parties due in 1992 (Addendum): Ghana’. U.N. Doc. CRC/C/3/Add.39. 19 Dec. 1995.
Duncan, B. ‘Presentation on Cultural Practices Affecting Child Maintenance in Ghana’. Accra: UNICEF Ghana, 2004.
Quashigah, K. ‘Legislative Reform Initiatives, Institutional Development and Policy Changes in Favour of Children: A Ghana National Study’. Unpublished study for Legislative Reform Initiative, UNICEF, 2004.
Committee on the Rights of the Child. ‘Concluding Observations: Botswana’, U.N. Doc. CRC/C/15/Add.242. 3 Nov. 2004.
Kamchedzera, G. ‘A report of the Multisectoral Reference Group on the Legislative Reform Initiative and the Children's Reference Group’ (Botswana). Unpublished study for the Legislative Reform Initiative, UNICEF, 2004.
Imam F. Abdul Rauf. What's Right with Islam. San Francisco: Harper Collins, 2004.
ed. The Best Interests of the Child: Reconciling Culture and Human Rights. Oxford: Clarendon Press, 1994.Google Scholar
, ed. The International Survey of Family Law 2001. London: Jordon Publishing Ltd., 2001.
Comparative and International Law Journal of Southern Africa, Vols. 1998–2002.
Cook, P. ‘The Role of Culture in Implementing and Monitoring Children's Rights’ in Understanding Children's Rights, edited by , p. 67. Ghent, Belgium: University of Ghent, 1998.Google Scholar
Europa. Regional Survey of the World: Africa South of the Sahara. London and New York: Europa Publications, 33rd edn. 2004.
Gore, R. ‘Influencing Budgets for Children's Rights’. Working Paper. New York: UNICEF, 2004.
et. al. International Women's Rights Cases. London: Cavendish Publishing Ltd., 2005: pp. 572+.
Nundy, K. ‘The Global Status of Legislative Reform related to Convention on the Rights of the Child’. Unpublished paper for Legislative Reform Initiative, UNICEF, 2004.
United Nations. Bringing International Human Rights Law Home. New York: United Nations, 2000.
United Nations Children's Fund. Law Reform to Implement the Convention on the Rights of the Child: Background Paper. Florence: UNICEF Innocenti Research Centre, 2004.
United Nations Children's Fund. Legislative Measures in 50 States Parties to the CRC: Preliminary Overview. Florence: UNICEF Innocenti Research Centre, 2004.
United Nations Children's Fund. The State of the World's Children 2004. New York: UNICEF, 2003.
United Nations Development Programme. Human Development Report 2004. New York: UNDP, 2004.
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