Neutral Law and Eurocentric Lawmaking: A Postcolonial Analysis of the U.N. Convention on the Rights of the Child

32 Pages Posted: 25 Feb 2009 Last revised: 30 Sep 2009

Date Written: 2008

Abstract

This is a post-colonial study of the state practice of the parties to the UN Convention on the Rights of the Child. The most ratified treaty in the World, only the United States and Somalia are non-parties to this treaty. This empirical study of the drafting and ratification process of the CRC shows the limitations of legal process and method. That without actually addressing the colonial legacy in international law Europe will remain the guardians of international law. Even when Third World States participates in the legal process, their ability to dissent is limited by a European sense of entitlement to interpret the legal parameters. Europe is still today policing Third World dissent.

Keywords: Child Rights, Race and Gender, Poscolonial Theory, International Law

Suggested Citation

Grahn-Farley, Maria, Neutral Law and Eurocentric Lawmaking: A Postcolonial Analysis of the U.N. Convention on the Rights of the Child (2008). Brooklyn Journal of International Law, Vol. 34, No. 1, 2008, Available at SSRN: https://ssrn.com/abstract=1349146

Maria Grahn-Farley (Contact Author)

Albany Law School ( email )

80 New Scotland Avenue
Albany, NY 12208
United States
518-445-3253 (Phone)
518-472-5878 (Fax)

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