The Convention on the Rights of the Child : a cultural legitimacy critique /

The Convention on the Rights of the Child : a cultural legitimacy critique /

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Bibliographic Details
Author / Creator:Kaime, Thoko.
Imprint:Groningen : Europa Law Publishing, 2011.
Description:xi, 216 p. ; 24 cm.
Language:English
Subject:
Convention on the Rights of the Child -- (1989 November 20)
Convention on the Rights of the Child.
Children's rights.
Children -- Legal status, laws, etc.
Children (International law)
Children's rights.
Treaties.
Format: Print Book
URL for this record:http://pi.lib.uchicago.edu/1001/cat/bib/8537797
Hidden Bibliographic Details
Other uniform titles:Convention on the Rights of the Child (1989 November 20)
ISBN:9789089521132
9089521135
Notes:Includes the text of the Convention on the rights of the child and a Table of cases.
Includes bibliographical references (p. 196-211).
Summary:Looks at the protection and promotion of children's rights through a socio-legal examination of the provisions of the children's rights treaty.
Table of Contents:
  • Preface
  • Acknowledgements
  • Contents
  • Chapter 1. Introduction
  • 1. Background
  • 2. Focus of the Book
  • 3. General Approach
  • 4. Significance
  • 5. Scope
  • Chapter 2. The Birth and Development of Children's Rights
  • 1. Introduction
  • 2. The Structural Basis of Children's Rights at International Law
  • 3. Universal Rights and the Struggle for Context
  • 4. Documents Affecting Children's Rights: An African Example
  • 5. Emerging Questions
  • Chapter 3. Relativist and Universalist Debates
  • 1. Introduction
  • 2. The Concept of Culture and its Relevance for Children's Rights
  • 3. Cultural Legitimacy and its Relevance for Children's Rights
  • 4. Relativism, Universalism and Children's Rights
  • 4.1. Cultural Relativism and the Relevance of Cultural Context
  • 4.2. Universalism and Human Rights
  • 4.3. Mediating Between Universalism and Relativism
  • 5. The Implications of the Debate for Children's Rights
  • Chapter 4. Mapping Childhood and Children's Rights
  • 1. Introduction
  • 2. The Concept of Children's Rights
  • 3. The Concept of Childhood
  • 3.1. The Changing Nature of childhood
  • 3.2. The Conception of Childhood: An African Example
  • 4. The Relationship Between Childhood and Children's Rights
  • 4.1. The Image of Childhood at International Law
  • 4.2. Children's Rights and the Dominant Image of Childhood
  • 4.3. Obstacles to the Export of the Dominant Conceptions of Childhood
  • 4.4. The CRC and the Changing Image of Childhood
  • 4.5. A New Image of Childhood?
  • 5. Concluding Remarks
  • Chapter 5. Principles of General Application
  • 1. Introduction
  • 2. The General Principles and Cultural Context: The Basis for an Ethnographic Approach
  • 3. Non-discrimination: Concepts, Context and Contests
  • 3.1. Maybe Not Good but Justifiable: Analysing the Pro-Distinction Narratives
  • 3.2. It is Not Part of Our Culture: An Inquiry into Non-Discrimination Discourse
  • 4. Best Interests: Tracing the Contours of a Shadow-Less Concept
  • 4.1. Lost in Translation? Conceptualising Best Interests
  • 4.2. The Child's Best Interests in Family Decision-Making
  • 5. Survival and Development and the Interrelatedness of Children's Rights
  • 5.1. Children's Survival and Development: Partnerships and Resource Networks
  • 6. Participation: A Brief Introduction
  • 6.1. Adaptation and Resistance: A Tale of Rudeness and Freedom
  • 7. Concluding Remarks: Children's Rights in Cultural Practice
  • Chapter 6. Cultural Legitimacy and the Implementation of Children's Rights: Institutions and Process
  • 1. Introduction
  • 2. The Formal Protection of Children's Rights
  • 3. The Scope and Efficacy of the Legal Protection of Children's Rights and the Prospects for Cultural Legitimacy
  • 4. From the Legal to the Local: Local Institutions and the Cultural Legitimacy of Children's Rights
  • 4.1. Key Local Institutions in Lomwe Country
  • 4.2. The Clan
  • 4.3. The Chief's Court
  • 4.4. The Boma or the District Commissioner's Office
  • 4.5. The Church
  • 5. Local Institutions and the Potential for Children's Rights Protection
  • 6. Incorporating Local Institutions in the Implementation of Children's Rights: Process and Prospects
  • 7. Concluding Remarks
  • Chapter 7. Concluding Analysis
  • 1. Introduction
  • 2. Culture, Rights, the CRC and the Omnipresence of Change
  • 3. Cultural Legitimacy and the CRC
  • 4. Cultural Appropriation and the CRC
  • 5. The CRC in Practice
  • 5.1. Dissemination
  • 5.2. Collaboration
  • 5.3. Participation
  • 5.4. Innovation
  • 6. Concluding Remarks
  • Convention on the Rights of the Child
  • Bibliography
  • Table of Cases

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