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

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harmful social and cultural practices affecting the welfare, dignity, normal growth and
development of the child in particular:
(a) those customs and practices prejudicial to the health or life of the child; and
(b) those customs and practices discriminatory to the child on the grounds of sex or
other status.” 69
Furthermore, according to the preamble of the Children’s Charter it is stated
that:
“Any custom, tradition, cultural or religious practice that is inconsistent with the rights,
duties and obligations contained in the present Charter shall to the extent of such
inconsistency be discouraged.” 70
Article 24(3) was drafted because of concern over female circumcision (genital
mutilation) and its potential harmful effects on women. 71 According to the World
Health Organisation, female genital mutilation includes all procedures involving
partial or total removal of the external female genitalia or other injury to the
female genital organs for cultural, religious or non-therapeutic reasons. 72 Sunna
or circumcision, is a form of female genital mutilation characterized by the
removal of the hood of the clitoris performed on a small portion of women. 73
69 Author unknown, “The African Charter on the Rights and Welfare of the Child”. Adopted by the
Twenty-sixth Ordinary Session of the Assembly of Heads of State and Government of the OA,
Addis Abiba, Ethiopia – July 1990. Available online at
http://www.anppcan.org/new/resources/international/charter.html#12,13, at 11. Accessed on
31 August 2006.
70 Ibid at 2.
71 Kassan D, “Research Report on the Contradictions between the United Nations Convention on
the Rights of the Child, The South African Constitution and Cultural Practices in Respect of
Corporal Punishment, Early Marriages and Initiation of both Boys and Girls”, Community Law
Centre, University of the Western Cape, 2003 at p 30.
72 Chinnian-Kester KA, “Female Genital Mutilation as a form of Violence against Women and Girls:
An Analysis of the Effectiveness of International Human Rights Law”, LLM Dissertation, UWC,
2005 at p 4.
73 See fn 71 above at p 26.