Law, culture, tradition, and children"s rights in eastern and southern Africa

Cover of: Law, culture, tradition, and children

Published by Ashgate/Dartmouth in Aldershot, Brookfield, Vt .

Written in English

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  • Africa, Southern.,
  • Africa, Southern,
  • Africa, Eastern.,
  • Africa, Eastern


  • Children"s rights -- Africa, Southern.,
  • Children -- Africa, Southern -- Social conditions.,
  • Children"s rights -- Africa, Eastern.,
  • Children -- Africa, Eastern -- Social conditions.

Edition Notes

Includes bibliographical references (p. 324-332) and index.

Book details

Statementedited by Welshman Ncube.
SeriesIssues in law and society
ContributionsNcube, Welshman.
LC ClassificationsKQC145.M55 L39 1998
The Physical Object
Paginationxv, 343 p. ;
Number of Pages343
ID Numbers
Open LibraryOL359215M
ISBN 10184014047X, 1840144777
LC Control Number98019214

Download Law, culture, tradition, and children"s rights in eastern and southern Africa

Law, Culture, Tradition and Children's Rights in Eastern and Southern Africa (Issues in Law and Society) by Welshman Ncube (Editor) ISBN vi Law, Culture and Tradition in Eastern and Southern Africa 8 Re-evaluating Law, Tradition, Custom and Practice Custody and Access to Non-marital Children in Zimbabwe Welshman Ncube 9 Custody and Guardianship of Children in Botswana Customary Laws and Judicial Practice within the Framework of the Children's Convention.

Law, culture, tradition, and children's rights in eastern and southern Africa. Responsibility protecting the rights of the girl-child in eastern and southern Africa, Bart Rwezaura-- reconstructing the image of the girl-child, Janet Kabeberi-Macharia-- the duty to hear the child - a view from Tanzania, Bart Rwezaura-- the right of the child.

Get this from a library. Law, culture, tradition, and children's rights in eastern and southern Africa. [Welshman Ncube;] -- With chapters on the changing concept of childhood, rights of female children, sexual abuse and genital mutilation, customary laws and judicial practice, this work provides comprehensive coverage of.

Law, Culture, Tradition and Children's Rights in Eastern and Southern Africa by Welshman Ncube,available at Book Depository with free delivery : Welshman Ncube. Get this from a library. Law, culture, tradition and children's rights in Eastern and Southern Africa.

[Welshman Ncube;] -- List of Acts and Statutes 1. Law Prospects and Challenges in Eastern and Southern Africa The Interplay between International Human Rights Norms and Domestic Law, Tradition and Culture - Welshman.

Corpus ID: Law, culture, tradition, and children's rights in eastern and southern Africa @inproceedings{NcubeLawCT, title={Law, culture, tradition, and children's rights in eastern and southern Africa}, author={W.

Ncube}, year={} }. Buy Law, Culture, Tradition and Children's Rights in Eastern and Southern Africa (Issues in Law & Society S.) by Ncube, Welshman (ISBN: ) from Amazon's Book Store. Everyday low prices and free delivery on eligible : Paperback.

Ncube, W. (), ‘The African Cultural Fingerprint. The Changing Concept of Childhood’, in W. Ncube (ed.), Law, Culture, Tradition and Children’s Rights in Eastern and Southern Africa (Aldershot: Dartmouth Publishing Company Ltd).

Google Scholar. culture, traditions and customs with particular reference to South African culture, traditions and customs. This will include a brief review at what really constitutes African culture, tradition and custom, and what is a colonial or imperial construct which is now regarded as African culture, tradition.

Violation of Children's Rights by Traditional and Cultural Practices and the Responses by States in Eastern and Southern Africa.

Journal of Psychology in Africa: Vol. 19, No. 1, pp. Do African customs support and tradition children’s protection rights. There are many positive customs that protect children and promote their well-being.

However, some carry the risk of harm to children’s welfare, safety, dignity, equality, development and health. These fact sheets on Children's Protecton and Cultural Rights -composed of 8 sections- have been developed to help. Culture and Children’s Rights in Africa: A conceptual Framework April In book: African values Law the rights of the child: Challenges and prospects (pp - 62).

South Africa is infamous for its history of disenfranchising most of its population under the dehumanizing policy of apartheid. A country of almost 50 million people, South Africa has a diverse array of languages, races, religions and ethnic communities, and has faced significant challenges - political, cultural and socio-economic – since the advent of democracy in The position of customary law in the South African legal system has been much improved since the enactment of the new Constitution.

As a constitutionally protected cultural heritage, customary law now enjoys a status equal to that of Roman-Dutch law. By drawing on a range of materials, both legal and and anthropological, from South Africa and elsewhere in Africa, this book provides a.

INDIGENOUS PEOPLES’ RIGHTS IN SOUTHERN AFRICA: AN INTRODUCTION I ndigenous peoples in Africa and their rights have been the focus of much deliberation and debate in recent years.1 These discussions have taken place in academic institutions and journals in Africa, Eu-rope and North America, as well as within the European Union, the.

Rashid, S.K. and Tabi'u, M., "Rights of the Child in Islamic Law vis-à-vis the UN Convention on the Rights of the Child and the Draft Charter on the Rights and Welfare of the African Child", in L.

In Africa, the idea of human rights is a comparatively recent phenomenon. Contributing to the establishment of human rights system in Africa are the United Nations, international law and the African Union which have positively influenced the betterment of the human rights situation in the continent.

However, extensive human rights abuses still occur in many sections of the continent. The Creation of Tribalism in Southern Africa, ——. Peasant Consciousness and Guerilla War in Zimbabwe, ——. The African Voice in Southern Rhodesia, –Republic of Zimbabwe.

Census Zimbabwe National Report, Reynolds, P. Dance Civet Cat: Child Labour in the Zambezi Valley, Eastern and Southern Africa Kenya Kenya brought in a new progressive, rights-based constitution inwhich provides the legal framework for the government to fulfil basic rights, and for marginalized and vulnerable groups, especially women and children, to claim their rights.

precipitous decline of traditional cultural pursuits in the colonies. With Africa subjugated and dominated, the Western culture and European mode of civilisation began to thrive and outgrow African cultural heritage. Traditional African cultural practices paved the way for foreign way of doing things as Africans became fully ‘westernised’.

In the past it was a tradition to name the children after their grandparents, mostly from Arabic origins. But lately more and more parents leave that tradition and give their babies modern and “unique” names.

It was also a tradition to give a second name to the child by grandparents. Another multifaceted conflict between cultural rights and international human rights law comes into play through efforts to regulate traditional faith healing practices in SSA. There are an estimated twenty-thousand traditional healers in South Africa who use religious methods such as prayer and.

Marriage takes many forms in Africa. Throughout the continent, the diversity of systems reflects the traditions, religions, and economic circumstances of a wide variety of distinct cultures. Islamic laws and customs have shaped the institution of marriage in North Africa and in some nations of western and eastern Africa.

General Overviews. There is a paucity of reference and textbook material on the subject of children and childhood in Africa. The works listed here are produced by either intergovernmental agencies or nongovernmental agencies and are often annual statistical compilations, such as Ahmed There are also general overviews in the sense of providing background, definitions, and social.

The continued prevalence of customary law in many African countries is the ‘inconvenient’ truth of modern African society.

It is inconvenient because many Western development professionals and academics perceive customary law as archaic and repressive, particularly of women, and the traditional institutions with which customary law is associated, as corrupt and unrepresentative.

History and Ethnic Relations Emergence of the Nation. The origin of the Somali people is uncertain. Current theory suggests that the Somali originated in the southern Ethiopian highlands and migrated into northern Kenya during the first millennium B.C.E.

They then gradually migrated northward to populate the Horn of Africa by C.E. Introduction to child law in South Africa () CHILD RIGHTS JURISPRUDENCE IN EASTERN AND SOUTHERN AFRICA () 9 AFRICAN HUMAN RIGHTS LAW JOURNAL dren’s Charter was developed, driven initially by civil society.

A draft was handed to the Organisation of African Unity, and the Heads of. Analysis - 'People were expected to go from one end of the spectrum to the other; from washing the bodies by hand, dressing them, and holding elaborate ceremonies, to having a corpse in a body bag.

1 Introduction: Linking religion, culture, law and sexuality. Plurality is simultaneously the boon and the bane of Africa. The cultural diversity and richness found between and within the continent’s religious and cultural communities lend to its versatility and beauty.

The argument advanced by many of these cultural traditions, cultural relativism, is a complex argument which carries some worth. However, cultural traditions that restrict or violate the rights of its members, such Sharia law, often claim cultural relativism as justification for human rights abuses.

This is insufficient. Ancient. The indigenous populations of eastern Africa are thought to be the linguistically isolated Hadza and Sandawe hunter-gatherers of Tanzania.: page 17 The first wave of migration was by Southern Cushitic speakers who moved south from Ethiopia and Somalia into Tanzania.

They are ancestral to the Iraqw, Gorowa, and Burunge.: page 17 Based on linguistic evidence, there may also have been. The child just grows into and within the cultural heritage of his people.

He imbibes it. Culture, in traditional society, is not taught; it is caught. The child observes, imbibes and mimics the action of his elders and siblings.

He watches the naming ceremonies, religious. Teaching Tolerance provides free resources to educators—teachers, administrators, counselors and other practitioners—who work with children from kindergarten through high school. Educators use our materials to supplement the curriculum, to inform their practices, and to create civil and inclusive school communities where children are respected, valued and welcome participants.

‘The Convention on the Rights of the Child and the cultural legitimacy of children’s rights in Africa: Some reflections’ () 5African Human Rights Law Journal at ; Wieland Lehnert ‘The role of the courts in the conflict between African customary law and human rights’ () 21South African Journal on Human Rights at Book Description.

This collection is anchored in an African conception of children's rights and the law, and reflects contemporary discourses taking place in the region of the children's rights sphere.

The majority of contributors are African and adopt an individual approach to their topic which reflects their first-hand experience. Section One places the issues of gender, culture and religion within the current social, economic and political context.

Section Two provides an introduction to covering issues of religion, culture and tradition, and their impact on women™s ability to access their basic human rights. The Convention on the Rights of the Child sets out the rights that must be realized for children to develop to their full potential.

The Convention offers a vision of the child as an individual and as a member of a family and community, with rights and responsibilities appropriate to his or her age and stage of development.

Legal culture pertains to the way in which law and legal concepts are approached. The suggestion is that there is a continuation of a formalistic legal culture in South Africa, and this continuation of formalism stifles the transformation envisioned by the South African Constitution and the project of transformative constitutionalism.

Tradition and Culture in Africa: Practices that Facilitate Trafficking of Women and Children Norah Hashim Msuya Mzumbe University, [email protected] Follow this and additional works at: Part of theCivil Law Commons,Civil Rights and Discrimination Commons,Common Law. Culture is the way a group of people live and it is a learned human behaviour patterns.

Tylor (, p. 1) defined culture this way: “that complex whole which includes knowledge, belief, art, law, morals, custom and any other capabilities and habits acquired by man as a member of society”.Eurocentric mythology of international law's origins upends traditional verities andforces us to reconsider whether contemporary international law owes as much to Africa as it does tofar more recent developments, including the colonial encounter.

INTRODUCTION I. THE ANATOMY OF INTERNATIONAL LAW IN ANCIENT EGYPT AND ITS INTERLOCUTORS II.The article examines the parent/child relationship in South African law in the light of recent legal developments in this country.

It further assesses the influence of international conventions and the constitutionalisation of children's rights on South African jurisprudence in this regard. The article seeks further to place the developments in South African child law within an international.

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