CEU eTD Collection (2009); Koroma, Simeon Michael Kumal: Toward African Modernity: A Dialectic Approach to the Interaction between International Human Rights and African Customary Law

CEU Electronic Theses and Dissertations, 2009
Author Koroma, Simeon Michael Kumal
Title Toward African Modernity: A Dialectic Approach to the Interaction between International Human Rights and African Customary Law
Summary Customary Law—through its traditions and practices—has been accused of championing human rights abuses especially in its dealings with women and children. This thesis seeks to examine the relationship (or lack of it) between human rights/modern law and African Customary Law through the divisive issues of female circumcision (otherwise known as Female Genital Mutilation) and early or child marriage. The aim is to enquire whether, through examination of these issues, the outlines of a broader, dialectic approach to the interaction between international human rights and customary law can be developed; one which generates a distinctively African modernity by synthesising international human rights and traditional African values. To do so will entail scoping the literary field on this subject, as well as interfacing with, and drawing from observations of players and policy makers. This thesis offers in a concrete way, the vehicle for this interaction and in more ways than one, illustrates how the perceived difference between customary law on the one hand and formal and international human rights laws on the other, may be mostly exaggerated and cosmetic.
Supervisor Udombana Nsongurua
Department Legal Studies LLM
Full texthttps://www.etd.ceu.edu/2009/koroma_simeon.pdf

Visit the CEU Library.

© 2007-2021, Central European University