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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Human Rights and the African Cultural Tradition
Author:Bennett, T.W.ISNI
Year:1993
Periodical:Transformation: Critical Perspectives on Southern Africa
Issue:22
Pages:30-40
Language:English
Geographic terms:South Africa
Africa
Subjects:values
traditional society
human rights
Peoples of Africa (Ethnic Groups)
Law, Human Rights and Violence
External link:https://d.lib.msu.edu/tran/219/OBJ/download
Abstract:The current South African government and the ANC are in general agreement that South Africa needs a justiciable bill of rights in its future constitution. They disagree, however, about the inclusion of cultural rights in this bill. The inclusion of cultural rights would mean that polygyny and bridewealth, to name only two, could be defended as elements of a cultural system. This would directly affect the status of women and children. On the other hand, human rights cannot be successfully implemented without some regard being paid to local conditions. It is in this context that the author questions the value of cultural relativism in the human rights debate. He describes the African cultural tradition in which the rights of women and children were guaranteed by the kinship system. He also shows that this is a stereotype of African traditional culture which is in many respects an invention of Western anthropologists. Differences, however, between Western and African cultures do exist and the relativist's argument cannot be dismissed out of hand, notably in South Africa where culture has become a political question. A possible solution is that specific issues, such as the amelioration of the status of women and children, are addressed in a bill of rights without implying that an entire cultural heritage is to be overthrown. Bibliogr., notes, ref.
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