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"A tree is known by its fruit": child participation in transitional justice in Rwanda.

"A tree is known by its fruit": child participation in transitional justice in Rwanda.
“一树知其果”:儿童参与卢旺达过渡时期司法。
批准号:
ES/Y008715/1
负责人:
Jeannette Rodgers
金额:
$15.71万
依托单位:
依托单位国家:
英国
项目类别:
Fellowship
财政年份:
2023
资助国家:
英国
项目状态:
未结题
起止时间:
2023 至 --
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英文摘要
To recover from atrocity and large-scale human rights abuses, individuals, communities and societies face hugely complex challenges, including understanding what has happened, how to hold those responsible to account, how to transform the systems of power that contributed to the violence, and how to build (or rebuild) trust (Cohen, 2020, p1). Transitional justice refers to those mechanisms designed to help a society come to terms with a legacy of large-scale human rights abuses (UNSC, 2004). Such mechanisms include criminal accountability, truth telling, memory preservation, acknowledgement, reparations, and the strengthening of democratic institutions (Rodgers, 2021). In addition, many societies have developed and implemented their own ways of dealing with past abuses, which take into account local political, economic, social and cultural contexts (Aptel and Ladisch, 2011). At their core, all such mechanisms must "ensure accountability, serve justice, and achieve reconciliation" (UNSC, 2004). The purpose of transitional justice is therefore based on "a series of promises to society and to individuals: of a reformed state, of accountability, of reconciliation, of rights, and fundamentally, of change" (Miller, 2008).The fellowship extends on previous research examining how and why the participation of children can, and should, be facilitated in transitional justice. A limited number of studies in various global contexts have shown that children have a strong desire to be heard in mechanisms of transitional justice, yet transitional justice policy and practice has so far failed to support participation from children under the age of eighteen in a consistent and meaningful way. Arguing that the participation of children in transitional justice must be built on a sound understanding of the United Nations Convention on the Rights of the Child (particularly article 12 of the Convention, which states that every child has the right to express their views, feelings and wishes in all matters affecting them and to have their views considered and taken seriously), I stress the importance of viewing the participation of children as a vital, long-term contributor to lasting change. Using a child-rights framework, I make it clear that children should not only have a voice in decisions, but also be recognised for their capacity to change society according to their ideas and perspectives (Berkley and Lister, 2020). In turn, this would give children a voice and a space for acknowledgement and justice, both now and in (and for) future generations (Aptel and Ladisch, 2011). With particular reference to fieldwork undertaken with children ('youth') in Rwanda, the planned monograph is an original contribution to scholarship on transitional justice from the interdisciplinary perspective, and will serve as a key resource for future efforts to bring children's views to bear on transitional justice policy and practice. Moreover, planned knowledge exchange workshops with researchers, policymakers and practitioners will focus on how the views of children add relevant perspectives and experience, and therefore should be considered in transitional justice decision-making, and why such an objective is attainable if strategies are systematically implemented and a culture of respect for children and their views is built (UN CRC, General Comment 12, paragraph 136). The Fellowship also provides the opportunity to develop funding bids for the War Studies Department and the Dickson Poon School of Law at King's, making much-needed original contributions to the under-researched area of child participation in transitional justice. Moreover, limited new research with stakeholders in Rwanda, specifically those who work in transitional justice research, policy and practice, will inform a set of updated recommendations for the monograph.
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