[TimorLesteStudies] Article: Protecting the Rights of the Child: Regulating Restorative Justice and Indigenous Practices in Southern Sudan and East Timor

[Bu Wilson]

Banks, C. 2011. Protecting the Rights of the Child: Regulating Restorative Justice and Indigenous Practices in Southern Sudan and East Timor(http://www.ingentaconnect.com/content/mnp/chil;jsessionid=aqfplea79kp16.alice). The International Journal of Child's Rights, 














Volume 19, Number 2, 2011
, pp. 167-193(27)




http://www.ingentaconnect.com/content/mnp/chil/2011/00000019/00000002/art00002







	
					
					




Abstract:

		

	The Convention on the Rights of the Child has globalized child rights 
and child protection by setting international norms, which include a 
mandate to apply restorative justice practices in juvenile justice laws 
and procedures. In some states, restorative justice has long been a 
practice in communities and legislating to give effect to the CRC has 
involved codifying, modifying and regulating existing community 
restorative practices with the intention of incorporating adaptations of
 those practices under new laws. In Southern Sudan and East Timor, both 
of which have suffered extreme violence and conflict, lifestyles are 
predominately traditional and values and beliefs concerning family and 
children, remain rooted in custom. Both have drafted laws that attempt 
to incorporate traditional restorative practices and give effect to the 
norms of the Convention. Examining the provisions of each proposed law 
reveals how culture will be enacted and regulated for the benefit of 
children and the extent to which the international rights discourse 
embodied in these proposed laws is congruent with customary and 
traditional values and beliefs about children. A comparative examination
 of the two draft laws, contextualized according to local cultures, 
provides insights into policy choices about the incorporation of culture
 and the relationship between international norms of child protection 
and traditional restorative practices.







	

--
Dr Bu V.E. Wilson
T: Australia +61  0  407 087 086
T: Timor-Leste + 670 744 0011
E: buvewilson at gmail.com

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