Cultural and traditional practices and the implementation of the right of the child to be heard under Article 12 of the UNCRC
type: CreativeWork
description: The 1989 United Nations Convention on the Rights of the Child (hereafter UNCRC) is one of the international instruments that broadened children's rights and placed it at the top of government agenda. A fundamental objective of the UNCRC is to establish the status of children as rights-bearers, and for their rights to be considered as important as those of adults with regards to respect and defence of such rights. Aside the other relevant articles in the UNCRC, which are linked to the participation of children, Article 12(1) clearly elaborates on the participatory right of the child. In the context of the provisions of Article 12(1) of the UNCRC, the reference to "in all matters" indicates that the participatory rights in Article 12(1) of the UNCRC are not limited to matters specifically addressed in the UNCRC. It covers both the private and public spheres of society, and foists on the state duties in relation to matters left for actors in the private sphere, such as the family, to decide. Therefore, the right to participate in terms of Article 12(1) refers to every child's right to be heard and to participate in all matters that affect their lives, including decision-making within the family. This presupposes that children are autonomous individuals capable of making and participating in decisionmaking within the family. Despite the importance attached to the provisions of Article 12(1), it has been the subject of much debate and controversy. Among the major concerns on the part of some State Parties and critics are that the provisions of autonomy rights in Article 12(1) of the UNCRC present the child as having a separate identity from others. These concerns seem to have been exacerbated by the lack of provisions regarding the duties and responsibilities of the child within the family and towards others under the UNCRC. Thus, critics claim that the UNCRC does not adequately account for the reciprocal and interdependent relationships between the child, her/his parent…
abstract: The 1989 United Nations Convention on the Rights of the Child (hereafter UNCRC) is one of the international instruments that broadened children's rights and placed it at the top of government agenda. A fundamental objective of the UNCRC is to establish the status of children as rights-bearers, and for their rights to be considered as important as those of adults with regards to respect and defence of such rights. Aside the other relevant articles in the UNCRC, which are linked to the participation of children, Article 12(1) clearly elaborates on the participatory right of the child. In the context of the provisions of Article 12(1) of the UNCRC, the reference to "in all matters" indicates that the participatory rights in Article 12(1) of the UNCRC are not limited to matters specifically addressed in the UNCRC. It covers both the private and public spheres of society, and foists on the state duties in relation to matters left for actors in the private sphere, such as the family, to decide. Therefore, the right to participate in terms of Article 12(1) refers to every child's right to be heard and to participate in all matters that affect their lives, including decision-making within the family. This presupposes that children are autonomous individuals capable of making and participating in decisionmaking within the family. Despite the importance attached to the provisions of Article 12(1), it has been the subject of much debate and controversy. Among the major concerns on the part of some State Parties and critics are that the provisions of autonomy rights in Article 12(1) of the UNCRC present the child as having a separate identity from others. These concerns seem to have been exacerbated by the lack of provisions regarding the duties and responsibilities of the child within the family and towards others under the UNCRC. Thus, critics claim that the UNCRC does not adequately account for the reciprocal and interdependent relationships between the child, her/his parent…
author: Oyeyemi, Kazeem Kolawole
language: en
keywords: Cultural Values, Cultural practices, Children, Rights, Constitution, Participation, Family, Autonomous, Multi-ethnic, Culturally diverse, Harmful, Indigenous, Decision-making, Implementation, Article 12 of the UNCRC
date published: 2022
date modified: 2026-07-24T03:33:47Z
provider: North-West University (South Africa)
publisher: Networked Digital Library of Theses and Dissertations
type: WebPage
source organization: North-West University (South Africa).

PropertyValue
property ID: Handle
value: http://hdl.handle.net/10394/40104