657
Views
7
CrossRef citations to date
0
Altmetric
Special Section: Children and Young People in Legally Plural Worlds

A review of literature on children's rights and legal pluralism

&
Pages 226-245 | Received 09 Apr 2015, Accepted 10 Jul 2015, Published online: 24 Aug 2015

References

  • Ali, Mariya. 2014. “Child Sexual Abuse: Can the Doctrines of Al-Maqasid Al-Shariah and Maslahah Assist in Challenging the Honour Ideology?” The International Journal of Human Rights 18 (4–5): 508–526.
  • Alston, Philip, ed. 1994. The Best Interests of the Child. Reconciling Culture and Human Rights. Oxford: Clarendon Press.
  • Armstrong, Alice. 1994. “School and Sadza: Custody and the Best Interests of the Child in Zimbabwe.” In The Best Interests of the Child. Reconciling Culture and Human Rights, edited by Philip Alston, 151–190. Oxford: Clarendon Press.
  • Armstrong, Alice. 1998. “Consent and Compensation: The Sexual Abuse of Girls in Zimbabwe.” In Law, Culture, Tradition and Children's Rights in Eastern and Southern Africa, edited by Welshman Ncube, 129–149. Aldershot: Ashgate/Dartmouth.
  • Armstrong, Alice, Matrine Chuulu, Chuma Himonga, Puleng Letuka, Keletso Mokobi, Welshman Ncube, Thandabantu Nhlapo, Bart Rwezaura and Philisiwe Vilakazi. 1995. “Towards a Cultural Understanding of the Interplay between Children's and Women's Rights: An Eastern and Southern African Perspective.” The International Journal of Children's Rights 3 (3): 333–368.
  • Banda, Fareda. 1994. “Custody and the Best Interests of the Child. Another view from Zimbabwe.” In The Best Interests of the Child. Reconciling Culture and Human Rights, edited by Philip Alston, 191–201. Oxford: Clarendon Press.
  • Banks, Cyndi. 2007. “The Discourse of Children's Rights in Bangladesh: International Norms and Local Definitions.” International Journal of Children's Rights 15 (3–4): 391–414.
  • Banks, Cyndi. 2011. “Protecting the Rights of the Child: Regulating Restorative Justice and Indigenous Practices in Southern Sudan and East Timor.” International Journal of Children's Rights 19 (2): 167–193.
  • Barsh, Russell Lawrence. 1989. “The Draft Convention on the Rights of the Child: A Case of Eurocentricism in Standard-Setting.” Nordic Journal of International Law 58 (1): 24–34.
  • Belembaogo, Akila. 1994. “The Best Interests of the Child – The Case of Burkina Faso.” In The Best Interests of the Child. Reconciling Culture and Human Rights, edited by Philip Alston, 202–226. Oxford: Clarendon Press.
  • Blanchet, Therese. 1996. Lost Innocence, Stolen Childhoods. Dhaka, Bangladesh: The University Press Limited.
  • Blanchet-Cohen, Natasha, and Ali Fernandez. 2003. “Women as Generators of Children's Rights. The Story of Promoting Indigenous Children's Rights in Venezuela.” The International Journal of Children's Rights 11 (1): 33–49.
  • Bošnjak, Branislava, and Thomas Acton. 2013. “Virginity and Early Marriage Customs in Relation to Children's Rights among Chergashe Roma from Serbia and Bosnia.” The International Journal of Human Rights 17 (5–6): 646–667.
  • Brems, Eva, and Ellen Desmet, eds. 2014. “Studying Human Rights Law from the Perspective(s) of its Users.” Human Rights & International Legal Discourse 8 (2) : 109–326.
  • Corradi, Giselle. 2014. “Can Legal Pluralism Advance Human Rights? How Development Actors can Contribute.” The European Journal of Development Research 26 (5): 783–797.
  • Desmet, Ellen. 2014. “Analysing Users' Trajectories in Human Rights: A Conceptual Exploration and Research Agenda.” Human Rights & International Legal Discourse 8 (2): 121–141.
  • Desmet, Ellen, Sara Lembrechts, Didier Reynaert, and Wouter Vandenhole. 2015. “Conclusions: Towards a Field of Critical Children's Rights Studies.” In Routledge International Handbook of Children's Rights Studies, edited by Wouter Vandenhole, Ellen Desmet, Didier Reynaert, and Sara Lembrechts, 412–429. Oxon: Routledge.
  • de Sousa Santos, Boaventura. 2002. Toward a New Legal Common Sense. London: Butterworths/LexisNexis.
  • El Jerrari, Maria. 2002. “Child marriage and Islam in India, Morocco, Pakistan and Egypt.” In Developmental and Autonomy Rights of Children: Empowering Children, Caregivers and Communities, edited by Jan C.M. Willems, 209–224. Antwerp: Intersentia.
  • Ensor, Marisa and Amanda Reinke. 2014. “African Children's Right to Participate in their Own Protection.” The International Journal of Children's Rights 22 (1): 68–92.
  • Farran, Sue. 2006. “Is Legal Pluralism an Obstacle to Human Rights? Considerations from the South Pacific.” The Journal of Legal Pluralism and Unofficial Law 38 (52): 77–105.
  • Farran, Sue. 2012. “Children of the Pacific: Giving effect to Article 3 UNCRC in small island states.” The International Journal of Children's Rights 20 (2): 199–223.
  • Francavilla, Domenico. 2011. “Interacting Legal Orders and Child Marriages in India.” Journal of Gender, Social Policy and the Law 19 (2): 529–547.
  • Gómez Isa, Felipe. 2014. “Cultural Diversity, Legal Pluralism, and Human Rights from an Indigenous Perspective: The Approach by the Colombian Constitutional Court and the Inter-American Court of Human Rights.” Human Rights Quarterly 36 (4): 722–755.
  • Goonesekere, Savitri. 1994. “The Best Interests of the Child: A South Asian Perspective.” In The Best Interests of the Child: Reconciling Culture and Human Rights, edited by Philip Alston, 117–149. Oxford: Clarendon Press.
  • Griffiths, Anne, and Randy F. Kandel. 2011. “Local Responses to National and Transnational Law: A View from the Scottish Children's Hearings System.” In From Transnational Relations to Transnational Laws: Northern European Laws at the Crossroads, edited by Anne Hellum, Shaheen Sardar Ali, and Anne Griffiths, 189–207. Farnham: Ashgate.
  • Hanson, Karl, and Olga Nieuwenhuys, eds. 2013. Reconceptualizing Children's Rights in International Development: Living Rights, Social Justice, Translations. Cambridge: Cambridge University Press.
  • Hashemi, Kamran. 2007. “Religious Legal Traditions, Muslim States and the Convention on the Rights of the Child: An Essay on the Relevant UN Documentation.” Human Rights Quarterly 29 (1): 194–227.
  • Hellum, Anne, Julie Stewart, Shaheen Sardar Ali and Amy Tsanga, eds. 2007. Human Rights, Plural Legalities and Gender Realities. Paths are Made by Walking. Harare: SEARCWL.
  • Himonga, Chuma. 1998. “The Right of the Child to Participate in Decision Making: A Perspective from Zambia.” In Law, Culture, Tradition and Children's Rights in Eastern and Southern Africa, edited by Welshman Ncube, 95–128. Aldershot: Ashgate/Dartmouth.
  • Himonga, Chuma. 2001. “Implementing the Rights of the Child in African Legal Systems: The Mthembu Journey in Search of Justice.” The International Journal of Children's Rights 9 (2): 89–122.
  • Hoekema, André, ed. 2005. “Multicultural Interlegality.” The Journal of Legal Pluralism and Unofficial Law 37 (51): 1–109.
  • Hunt, Paul. 1993. “Children's Rights in West Africa: The Case of the Gambia's Almudos.” Human Rights Quarterly 15 (3): 499–532.
  • ICHRP (International Council on Human Rights Policy). 2009. When Legal Worlds Overlap: Human Rights, State and Non-State Law. Versoix: International Council on Human Rights Policy.
  • James, Allison, and Alan Prout. 1997. Constructing and Reconstructing Childhood: Contemporary Issues in the Sociological Study of Childhood. 2nd ed. London: Routledge.
  • Kabeberi-Macharia, Janet. 1998a. “Reconstructing the Image of the Girl-Child.” In Law, Culture, Tradition and Children's Rights in Eastern and Southern Africa, edited by Welshman Ncube, 47–56. Aldershot: Ashgate/Dartmouth.
  • Kabeberi-Macharia, Janet. 1998b. “Female Genital Mutilation and the Rights of the Girl-Child in Kenya.” In Law, Culture, Tradition and Children's Rights in Eastern and Southern Africa, edited by Welshman Ncube, 249–265. Aldershot: Ashgate/Dartmouth.
  • Kaime, Thoko. 2008. “The Struggle for Context in the Protection of Children's Rights: Understanding the Core Concepts of the African Children's Charter.” The Journal of Legal Pluralism and Unofficial Law 40 (58): 33–68.
  • Kaplan, Yehiel S. 1998. “The Interpretation of the Concept ‘The Best Interest of the Child’ in Israel.” In Children's Rights and Traditional Values, edited by Gillian Douglas, and Leslie Sebba, 47–85. Aldershot: Ashgate/Dartmouth.
  • Kaplan, Yehiel S. 2006. “Corporal Punishment of Children in Israel: A New Trend in Secular and Religious Law.” International Journal of Children's Rights 14 (4): 363–421.
  • Kent, Allison. 2007. “Custody, Maintenance, and Succession: The Internalization of Women's and Children's Rights under Customary Law in Africa.” Michigan Journal of International Law 28: 507–538.
  • Kurczewski, Jacek, and Malgorzata Fuszara. 2013. “Cultural Norms, National Laws and Human Rights: How do we Balance Respect for Diversity and the Rights of the Vulnerable? The Case of Under Age Marriage of Roma Girls and Boys in Europe.” In Managing Family Justice in Diverse Societies, edited by Mavis Maclean, and John Eekelaar, 153–168. Oxford: Hart Publishing.
  • Letuka, Puleng. 1998. “The Best Interest of the Child and Child Labour in Lesotho.” In Law, Culture, Tradition and Children's Rights in Eastern and Southern Africa, edited by Welshman Ncube, 203–224. Aldershot: Ashgate/Dartmouth.
  • Mangena, Tendai, and Sambulo Ndlovu. 2014. “Reflections on How Selected Shona and Ndebele Proverbs Highlight a Worldview that Promotes a Respect and/or a Violation of Children's Rights.” The International Journal of Children's Rights 22 (3): 660–671.
  • Merry, Sally. 2006. Human Rights and Gender Violence. Translating International Law into Local Justice. Chicago, IL: The University of Chicago Press.
  • Molokomme, Athaliah and Keletso Mokobi. 1998. “Custody and Guardianship of Children in Botswana. Customary Laws and Judicial Practice within the Framework of the Children's Convention.” In Law, Culture, Tradition and Children's Rights in Eastern and Southern Africa, edited by Welshman Ncube, 182–202. Aldershot: Ashgate/Dartmouth.
  • Montgomery, Heather. 2001. “Imposing Rights? A Case Study of Child Prostitution in Thailand.” In Culture and Rights. Anthropological Perspectives, edited by Jane K. Cowan, Marie-Bénédicte Dembour,and Richard A. Wilson, 80–101. Cambridge: Cambridge University Press.
  • Moore, Sally Falk. 1973. “Law and Social Change: The Semi-autonomous Social Field as an Appropriate Subject of Study.” Law & Society Review 7: 719–746.
  • Muianga, Lucena. 1998. “Gender, Norms, Cultural Values and the Right to Education. The Example of Three Schools of Manhica District of Mozambique.” In Law, Culture, Tradition and Children's Rights in Eastern and Southern Africa, edited by Welshman Ncube, 266–288. Aldershot: Ashgate/Dartmouth.
  • Ncube, Welshman, ed. 1998a. Law, Culture, Tradition and Children's Rights in Eastern and Southern Africa. Aldershot: Ashgate/Dartmouth.
  • Ncube, Welshman. 1998b. “Prospects and Challenges In Eastern And Southern Africa. The Interplay between International Human Rights Norms And Domestic Law, Tradition And Culture.” In Law, Culture, Tradition and Children's Rights in Eastern and Southern Africa, edited by Welshman Ncube, 1–10. Aldershot: Ashgate/Dartmouth.
  • Ncube, Welshman. 1998c. “Re-evaluating Law, Tradition, Custom and Practice. Custody and Access to Non-Marital Children in Zimbabwe.” In Law, Culture, Tradition and Children's Rights in Eastern and Southern Africa, edited by Welshman Ncube, 150–181. Aldershot: Ashgate/Dartmouth.
  • Ngema, N. M. 2013. “The Enforcement of the Payment of Lobolo and Its Impact on Children's Rights in South Africa.” Potchefstroom Electronic Law Journal 16 (1): 405–536. http://dx.doi.org./10.4314/pelj.v16i1.12.
  • Okumu-Wengi, Jennifer. 1998. “Searching for a Child-Centred Adoption Process. The Law and Practice in Uganda.” In Law, Culture, Tradition and Children's Rights in Eastern and Southern Africa, edited by Welshman Ncube, 225–248. Aldershot: Ashgate/Dartmouth.
  • Ouis, Pernilla. 2009. “Honourable Traditions? Honour Violence, Early Marriage and Sexual Abuse of Teenage Girls in Lebanon, the Occupied Palestinian Territories and Yemen.” The International Journal of Children's Rights 17 (3): 445–474.
  • Provost, Rene and Colleen Sheppard, eds. 2013. Dialogues on Human Rights and Legal Pluralism. Dordrecht: Springer.
  • Quane, Helen. 2013. “Legal Pluralism and International Human Rights Law: Inherently Incompatible, Mutually Reinforcing or Something in Between?” Oxford Journal of Legal Studies 33 (4): 675–702.
  • Quennerstedt, Ann. 2011. “The Construction of Children's Rights in Education - a Research Synthesis.” The International Journal of Children's Rights 19 (4): 661–678.
  • Rajabi-Ardeshiri, Masoud. 2011. “Children and Conflict: Exploring Children's Agency at UK Mosque Schools.” The International Journal of Children's Rights 19 (4): 691–704.
  • Rajabi-Ardeshiri, Masoud. 2014. “Childhood and Modernity: A Social Constructionist Reflection on to the Dilemma of ‘Child Execution’ within the Islamic Context.” The International Journal of Human Rights 18 (4–5): 433–443.
  • Reynaert, Didier, Maria Bouverne-de-Bie, and Stijn Vandevelde. 2009. “A Review of Children's Rights Literature Since the Adoption of the United Nations Convention on the Rights of the Child.” Childhood 16 (4): 518–534.
  • Rosen, David. 2010. “Social Change and the Legal Construction of Child Soldier Recruitment in the Special Court for Sierra Leone.” Childhood in Africa 2 (1): 48–57.
  • Rwezaura, Bart. 1998a. “Domestic Application of International Human Rights Norms Protecting the Rights of the Girl-Child in Eastern and Southern Africa.” In Law, Culture, Tradition and Children's Rights in Eastern and Southern Africa, edited by Welshman Ncube, 28–46. Aldershot: Ashgate/Dartmouth.
  • Rwezaura, Bart. 1998b. “The Duty to Hear the Child: A View from Tanzania.” In Law, Culture, Tradition and Children's Rights in Eastern and Southern Africa, edited by Welshman Ncube, 57–94. Aldershot: Ashgate/Dartmouth.
  • Rwezaura, Bart. 1998c. “Law, Culture, and Children's Rights in Eastern and Southern Africa. Contemporary Challenges and Present-day Dilemmas.” In Law, Culture, Tradition and Children's Rights in Eastern and Southern Africa, edited by Welshman Ncube, 289–323. Aldershot: Ashgate/Dartmouth.
  • Sezgin, Yüksel. 2010. How to Integrate Universal Human Rights into Customary and Religious Legal Systems? The Journal of Legal Pluralism and Unofficial Law 42 (60): 5–40.
  • Sieder, Rachel, and John-Andrew McNeish, eds. 2013. Gender Justice and Legal Pluralities. Latin American and African Perspectives. Oxon: Routledge.
  • Snow, Rebekah, and Katherine Covell. 2006. “Adoption and the Best Interests of the Child: The Dilemma of Cultural Interpretations.” The International Journal of Children's Rights 14 (2): 109–117.
  • Stewart, Julie. 2007. “I Can't Go to School Today.” In Human Rights, Plural Legalities and Gender Realities. Paths are Made by Walking, edited by Anne Hellum et al., 291–315. Harare: SEARCWL.
  • Stewart, Julie, and Amy Tsanga. 2007. “The Widow's and Female Child Portions. The Twisted Path to Partial Equality for Widows and Daughters under Customary Law in Zimbabwe.” In Human Rights, Plural Legalities and Gender Realities. Paths are Made by Walking, edited by Anne Hellum et al., 407–436. Harare: SEARCWL.
  • Syed, Safir. 1998. “The Impact of Islamic Law on the Implementation of the Convention on the Rights of the Child: The Plight of Non-Marital Children Under Shari'a.” The International Journal of Children's Rights 6 (4): 359–393.
  • Tamanaha, Brian. 2000. “A Non-Essentialist Version of Legal Pluralism.” Journal of Law and Society 27: 296–321.
  • Taylor, Nicola, Robyn Fitzgerald, Tamar Morag, Asha Bajpai, and Anne Graham. 2012. “International Models of Child Participation in Family Law Proceedings following Parental Separation/Divorce.” The International Journal of Children's Rights 20 (4): 645–673.
  • Twum-Danso, Afua. 2009. “Reciprocity, Respect and Responsibility: The 3Rs Underlying Parent-Child Relationships in Ghana and the Implications for Children's Rights.” The International Journal of Children's Rights 17 (3): 415–432.
  • Von Benda-Beckmann, Franz. 2002. “Who's Afraid of Legal Pluralism?” The Journal of Legal Pluralism and Unofficial Law 34 (47): 37–83.
  • Von Benda-Beckmann, Franz. 2009. “Human Rights, Cultural Relativism and Legal Pluralism: Towards a Two Dimensional Debate.” In The Power of Law in a Transnational World. Anthropological Enquiries, edited by Franz Von Benda-Beckmann, Keebet Von Benda-Beckmann, and Anne Griffiths, 115–134. New York, NY: Berghan Books.
  • White, Sarah C. 2007. “Children's Rights and the Imagination of Community in Bangladesh.” Childhood 14 (4): 505–520.
  • Wolayo Ssemmanda, Henrietta. 2007. “Working with Custom. Promoting Children's Rights to Livelihood by Making de facto Guardians Responsible.” In Human Rights, Plural Legalities and Gender Realities. Paths are Made by Walking, edited by Anne Hellum et al., 59–77. Harare: SEARCWL.
  • Woodman, Gordon. 1998. “Ideological Combat and Social Observation: Recent Debate about Legal Pluralism.” The Journal of Legal Pluralism and Unofficial Law 30 (42): 21–59.

Reprints and Corporate Permissions

Please note: Selecting permissions does not provide access to the full text of the article, please see our help page How do I view content?

To request a reprint or corporate permissions for this article, please click on the relevant link below:

Academic Permissions

Please note: Selecting permissions does not provide access to the full text of the article, please see our help page How do I view content?

Obtain permissions instantly via Rightslink by clicking on the button below:

If you are unable to obtain permissions via Rightslink, please complete and submit this Permissions form. For more information, please visit our Permissions help page.