ABSTRACT
The United Nations Convention on the Rights of the Child,1 in its Preamble, presents a challenge to States - how to guarantee the universality of the fundamental rights which attach to every child irrespective of the child’s origins, while at the same time recognising the importance for ‘the protection and harmonious development of the child’ of the diverse traditions and cultural values of each people.2 Recognition of cultural diversity and respect for human rights sometimes entail contradiction and require difficult choices. However, this potential for conflict should not be exaggerated. More often than not the tension between tradition and rights can be creative, leading us certainly to reassess the validity and value of certain traditions, but also to avoid the absolutism and orthodoxy which sometimes characterises human rights discourse. Traditional practices can sometimes reveal more than one way to vindicate a right. This paper, while not blind to the dangers to children inherent in some traditional practices, is more concerned with the need to respect cultural diversity.
