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Biomedical Practices And The Child: Rights In Question

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Chapter Summary

International and national analyses of traditional biomedical practices have typically fallen under the umbrella of childrens protection rights. Specifically, scholars and human rights activists raise the following rights of the child as being violated: abuse/neglect; freedom from torture, cruel, inhuman, and degrading treatment; and freedom from violence. This chapter examines the arguments raised for and against each of these rights. Both Article 19 of the International Convention on the Rights of the Child (Childrens Convention or Convention) and Article 16 of the African Charter on the Rights and Welfare of the Child (African Charter) stipulate that states have the responsibility to protect the child from all forms of abuse, neglect, and maltreatment, with specific reference to such acts that cause physical or mental harm and including sexual abuse.

Keywords: African Charter; biomedical practices; Childrens Convention; childrens protection rights; maltreatment; sexual abuse



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