Evaluating the impact of child agency and autonomy on parental care and supervision in the context of socio-cultural practices with specific reference to African communitarianism

Since the enactment of the United Nations Convention on the Rights of the Child (UNCRC), child autonomy and agency has garnered more support and advocacy from the international law community. There has been support in favour of giving children a bigger voice and including them in the decision-making process when it comes to matters that concern the child. As a result, controversies ensue on whether the growing support of child autonomy and agency will negatively impact the roles that parents fulfil in the lives of their children. For example, parents are primarily responsible for the development and upbringing of the child. Consequently, if children were to have a louder voice than their parents, there is a possibility that the roles would be reversed, and the child would ultimately be responsible for their own development. For this reason, parents are particularly concerned that the rights of care and supervision bestowed upon them by the law will be lost in favour of sole consideration for the interest of the child. This is contrary to the values of African communitarianism which encourages the interest of the community to prevail over any individual interest. As a result, when both rights are placed in situations that lead them to conflict with one another, neither the child's, the parent's or the community's interests are served. Two examples that showcase this predicament include children giving consent to their own medical treatment plan and the sexual rights of a child. Therefore, the question remains whether the interest of the child should be achieved at the expense of the parent. This thesis demonstrates that, by highlighting the importance of both rights and appreciating their intertwined nature, there is no need for the rights of the child and the rights of the parent to compete with one another. Rather, a balance should be struck in order to accommodate the differing rights. By reconceptualising the notion of ‘child autonomy and agency,' such balance can be struck.

Grantor dc:publisher.institution

Department of Public Law

Year dc:date.issued

2024

Author dc:creator

• Adejimi, Praise

Advisor dc:contributor.advisor

• Baase, Mathabo

• Public Law

Handle dc:identifier.uri

http://hdl.handle.net/11427/40738

OAI identifier oai:identifier

oai:open.uct.ac.za:11427/40738