Engaging Harmful Traditional Practices from a Supranational Perspective: Reflections from the African Committee of Experts on the Rights and Welfare of the Child
摘要
There has been a lot of traction concerning the protection of vulnerable persons from traditional harmful practices. This traction has found its space in the normative, institutional, and jurisprudential spaces. The work of the Special Rapporteur on child marriage and harmful practices of the African Children’s Committee from a normative and institutional perspective remains very instructive in this regard. This chapter evaluates the argument that the normative guidance from the African Charter on the Rights and Welfare of the Child, the institutional positioning of the African Committee of Experts on the Rights and Welfare of the Child, and the developing jurisprudence all form a cycle that to a given degree promote and protect the child affected by traditional harmful practices. Three sub-arguments evaluate the efficacy of this position. Normatively, the chapter unpacks the concept of traditional harmful practices followed by an institutional evaluation of the mechanisms of the African Children’s Committee to deal with the vice through its working methods. Thirdly, a look at the jurisprudence of the African Children’s Committee is done to inform the final evaluation of the position of the African Children’s Committee. A conclusion and recommendations follow.