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  17

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