40.
The Act draws on positive indigenous kinship and communal care practices. It positions
the provision of guidance, support and protection of children through extended
family, community and village-level support mechanisms, particularly with respect
to prevention and early intervention services, as formal elements of the national
child protection system. It expressly provides that any person entitled by custom or
tradition to render appropriate direction and guidance and make provision for the
needs of the child shall not be prevented from offering such services to the child if
the services are in the short and long term best interests of the child. Furthermore,
it directs that the guidance of a child from parents, relatives and service providers
shall include the use of tradition and cultural standards to foster the development of
a sense of responsibility of the child, subject to his evolving capacities.
41.
The Child Rights Act has sought to capitalise on the credibility and accessibility
of traditional adjudication structures whilst simultaneously balancing any tension
with the protection of children’s rights by allocating traditional structures a central
clearly defined, but limited role in the administration of justice involving children as
victims and as offenders. It has allocated a central role to chiefs and religious leaders
within child protection structures established by the Act, such as the Child Welfare
Committees (CWC) and the Child Panels, and traditional bare gatherings have been
incorporated into the child protection system as a mechanism for discussing and
resolving issues that adversely affect the welfare of children.
42.
Whilst formally recognizing traditional structures, the Act limits their jurisdiction
to an arbitration role. The act also prohibits CWCs and local authorities from dealing
with serious cases of child abuse, making it mandatory for all cases of murder, rape
and other sexual offences, and felonies such as assault causing serious injury, to be
reported to the police for investigation and criminal prosecution.
43.
The Child Rights Act further makes all customary procedures and practices subject
to the best interest of the child. In addition, it expressly prohibits any cultural
practice which dehumanizes or is injurious to the physical and mental welfare of
the child. The Act specifically and expressly prohibits the customary practices of
early marriage and betrothal of any child under the age of 18 years. The Act is
supplemented in this regard by the Registration of Customary Marriage and Divorce
Act which stipulates the same minimum age of marriage (18 years). However, there
is a conflict in the provision of the two acts. Whilst the Child Rights Act outlaws all
marriages of children under the age of 18 years, including customary marriages, the
Customary Marriage and Divorce Act continues to allow children less than 18 years
who consent, and whose parents consent, to conclude a valid customary marriage.
44.
The Child Rights Act also mandates the National Commission for Children (which
is yet to be established) to engage in an ongoing review of customary law practices
relating to children to ensure their compatibility generally with the principles and
provisions of the CRC and the ACRWC and to advise the GoSL of any changes that
need to be made. The Ministry of Justice also has plans to document and review
customary law. It has piloted the project and plans in the longer term to roll it out
across all districts.
45.
A frequently practiced custom which causes harm to the girl-child is Female Genital
Cutting or Mutilation (FGM/C). FGM/C involves the whole or partial removal or
2. General Measures of Implementation
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