Harmful traditional practices, (male circumcision - Electronic Thesis ...

CHAPTER 2
INTERNATIONAL LAW AND HARMFUL TRADITIONAL PRACTICES.
1.1 INTRODUCTION
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There are a number of international human rights instruments aimed at
protecting the rights of children against harmful traditional practices. For the
purposes of this chapter, emphasis will be placed on the provisions in the United
Nations Convention on the Rights of the Child, (hereafter referred to as the
CRC), the African Charter on the Rights and Welfare of the Child, (hereafter
referred to as the African Children’s Charter) and the Convention on the
Elimination of All Forms of Discrimination against Women (CEDAW). In ratifying
all three instruments, South Africa has committed itself to give effect to the
provisions in these documents. 62
Reference will also be made to General Comment No.3 by the Committee on the
Rights of the Child in order to determine the impact of gender-based
discrimination on women. This chapter will examine the right to health,
contained in Article 24, which includes an express provision against harmful
cultural practices. The CRC has four “foundation” or general principles that
underpin all other children’s rights 63 . These principles define how all the other
articles should be implemented, describe how children should be related to, and
form the basis of all the other provisions of the CRC. 64 The four general
principles include, the best interest principle (Article 3), non-discrimination
62 The CRC was ratified by South Africa on 16 June 1995, the African Children’s Charter on 7
January 2000 and CEDAW was ratified on 15 December 1995.
63 Author unknown, “Children have rights”, at p 1. Available online at
http://www.unicef.org/why/why-rights.html. Accessed on 25 October 2006.
64 Author unknown, “Child Adolescent Rights”, at p1. Available online at
http://www.who.int/child-adolescent health/RIGHTS/crc-over.htm. Accessed on 25 October
2006.