The World On Her Shoulders: The Rights of the Girl-Child in the Context of Culture & Identity (original) (raw)

Abstract

Somewhere in the balance between protecting human rights and promoting culture hangs the girl-child, on the margins of equality. In order to move the girl-child from the margin to the centre of equality, any analysis must give full consideration to her intersecting identities, as well as the cultural context in which she lives. The method of analysis proposed herein is the GRACE model, and is premised on the fact that Gender, Race, Age and Culture intersect to inform the girl-child's particular Experience of the world. The way in which the girl-child experiences the world is traditionally negative, as it is characterized by disadvantage, marginalization and discrimination of the girl-child, vis-à-vis other members of her society. The GRACE analysis is suggested as a means to demarginalize the girl-child, and empower her through fully acknowledging her intersecting identity. This article argues that there is a cultural context to rights, and that the specific rights that the girl-child lacks may vary from culture to culture. Despite this variation in rights, the link between culture and lack is one that identifies the girl-child in all cultures. By way of example, reference is made to the cultural practices of Trokosi (sexual slavery) in Ghana, and female infanticide. Through these practices the girl-child is marginalized, because of the intersection of her gender, age, race and culture. Since it is the intersection of these characteristics that has disadvantaged the girl-child, the solution must also lie in a thorough analysis of the intersectionality. The Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child are presented as international human rights instruments which prescribe the human rights of children. However, without a consideration of the intersecting identity of the girl-child, and a corresponding intersectionality analysis to rights promotion and protection, these instruments fall short of the needs of the girl-child. If the girl-child's right to substantive equality is to be fully realized, then consideration must be given to her intersecting identity and the cultural context in which she lives. Anything less aggravates the burden of inequality borne on the shoulders of the girl-child. The GRACE analysis however, empowers the girl-child to stand tall, liberated by the acknowledgment of her intersecting identity, rather than stooped under the weight of inequality and disadvantage that results from a failure to consider her intersecting identity.

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