Why the Underutilization of Child Rights in Global Mobilization? The Cases of Female Genital Cutting Practices and User Fees for Education

• Published date: 03 August 2011
• Pages: 91-119
• Date: 03 August 2011
• DOI: https://doi.org/10.1108/S1059-4337(2011)0000056007
• Author: Elizabeth Heger Boyle,Hollie Nyseth

WHY THE UNDERUTILIZATION

OF CHILD RIGHTS IN GLOBAL

MOBILIZATION? THE CASES OF

FEMALE GENITAL CUTTING

PRACTICES AND USER FEES

FOR EDUCATION

1

Elizabeth Heger Boyle and Hollie Nyseth

ABSTRACT

Support for child rights is widespread, and the 1989 Convention on the

Rights of the Child is the most widely ratif‌ied treaty ever. Surprisingly,

however, we f‌ind that child rights discourse is not integrated as a core

element of mobilization around either the eradication of female genital

cutting practices or the provision of free primary education. Analyzing

history and the content of child rights claims related to these issues,

we unpack this puzzle. In the process, we illuminate the constraints on

mobilizing strategies in general and some diff‌iculties inherent in using

child rights discourse in particular.

Special Issue: Human Rights: New Possibilities/New Problems

Studies in Law, Politics, and Society, Volume 56, 91–119

Copyright r2011 by Emerald Group Publishing Limited

All rights of reproduction in any form reserved

ISSN: 1059-4337/doi:10.1108/S1059-4337(2011)0000056007

91

As the newest elaboration of rights in international law, child rights have the

potential to transform the lives of young people around the world. Support

for child rights is widespread, and the 1989 Convention on the Rights of the

Child (CRC) is the most widely ratif‌ied treaty ever. In this chapter, we

examine the history of two issues related to child rights: the provision of free

primary education and the eradication of female genital cutting practices

(FGCs). We f‌ind, surprisingly, that child rights discourse has not been

integrated as a core element of mobilization around either of these issues.

Analyzing history and the content of child rights claims related to these

issues, we unpack this puzzle. In the process, we illuminate the constraints

on new mobilizing strategies in general and some diff‌iculties inherent in

using child rights discourse in particular.

We begin by discussing the trajectory of children in international law.

Next, we introduce the roles of history and agency in global mobilization on

behalf of children. We then turn to our two cases. We f‌ind that path

dependency in the core themes of global social movements can prevent them

from focusing on child rights as an organizing strategy. That is, historical

events and choices shape social movements’ contemporary arguments. We

f‌ind that child rights may also be purposely sidelined, at least for certain

issues. We conclude with a discussion of how our cases in combination

reveal the promises and problems of a child rights discourse.

THE HISTORY OF INTERNATIONAL LAW

PERTAINING TO CHILD RIGHTS

Early mobilization for child rights was a ref‌lection of new social challenges

brought about by industrialization (Fuchs, 2007). With the founding of the

League of Nations in 1919, for the f‌irst time an international governmental

organization (IGO) began to coordinate child welfare initiatives. The

Covenant of the League assigned special responsibilities for the protection

of children, and the League dedicated efforts to f‌inding homes for World

War I orphans (Boyle, Smith, & Guenther, 2006). The League also spurred

the creation of networks of child rights activists around the globe and

launched the International Labor Organization (ILO), which, since

its inception, has sought to limit child labor. The League adopted a Dec-

laration on the Rights of the Child in 1924 that pertained primarily to

economic and social rights.

ELIZABETH HEGER BOYLE AND HOLLIE NYSETH92