Abstract
This paper aims to demonstrate the main aspects and weaknesses of children's rights in Sudan and describe how to work towards enhancing the immediate response to violations against children. This discussion will help develop future plans to strengthen the enforcement of children’s rights in Sudan and create an environment that protects children's rights against all kinds of violations. This paper presents the current situation of children’s rights violations in Sudan and factors that have a great and direct impact on these situations, especially social and cultural factors concerning female circumcision, genital mutilation, and marriage of underage girls; and laws that violate the dignity of Sudanese children, such as laws related to flogging, imprisonment, and death. The article also addresses issues of wars and internal conflicts and their impact on children, including their recruitment and trafficking. It also discusses the weaknesses of laws in place to protect children in Sudan and the changes these laws have undergone in recent years, especially the fundamental changes following the revolution that broke out in Sudan in 2018, which replaced the dictatorial military regime with Islamic orientations and trying to find objective solutions.
References
Abdullah Mohamed, Hisham. 2000. "Addressing the Problem Of Homelessness: A Case Study to Evaluate the Experience." Higher diploma. Khartoum: Institute of African and Asian Studies, University of Khartoum.
Ahmed, A-Ali. 2018. “The Fifth Population Census in Sudan: A Census with a Full Coverage and a High Accuracy.” Khartoum: Neelain University. Retrieved December 14, 2020 (https://unstats.un.org/unsd/demographic/sources/census/countries/SDN.pdf).
Ahmed Al-Tayeb, Al-Tayeb. 2005. "Correction and Rehabilitation Programs and Their Impact on Modifying Juvenile Delinquency in Sudan According to International Standards: A Comparative Study, Cubs Education House Al-Jarif West." Fellowship Research. Khartoum : Higher Police Academy, Khartoum.
Al-Aqib Hasab Alrasul, Amal. 2009. "Development And Change In Child Laws And Their Social Effects In The Sudan During The Period From 1956 Until 2007." Master’s degree. Khartoum: University of Khartoum.
AP/ABC. 2020. “Sudan Moves to Ban Female Genital Mutilation with Landmark Law.” Retrieved December 12, 2020 (https://www.abc.net.au/news/2020-05-03/sudan-moves-to-ban-female-genital-mutilation-with-landmark-law/12209374).
Cécile, Aptel. 2018. "The Protection Of Children In Armed Conflicts." Pp. 1-23 in International Human Rights of Children, edited by U. Kilkelly and Liefaard Toned. Singapore: Springer. (https://doi.org/10.1007/978-981-10-3182-3_17-1).
Bedri, Nafisa, and Yussra Mohammed. 2020. “Improved Understanding of FGM/C Abandonment Among Sudanese Families in Khartoum and Kassala States.” Sudan Working Paper 2: 24-25. Retrieved December 16, 2020 (https://www.cmi.no/publications/file/7315-improved-understanding-of-fgm-c-abandonment-among-sudanese-families-in-khartoum-and-kassala-states.pdf).
Bérenger, Valérie, and Audrey Verdier-Chouchane. 2015. “Child Labour and Schooling in South Sudan and Sudan: Is There a Gender Preference?” Abidjan: African Development Bank. Retrieved December 15, 2020 (http://http:/www.afdb.org).
Bhatia, Amiya, Leonardo Zanini Ferreira, Aluísio J. D. Barros, & Cesar Gomes Victora. 2017. “Who and Where Are the Uncounted Children? Inequalities in Birth Certificate Coverage Among Children Under Five Years in 94 Countries Using Nationally Representative Household Surveys.” International Journal for Equity in Health 16: 148. (https://doi.org/10.1186/s12939-017-0635-6).
Cuninghame, Chris, Abdelrahman Mubarak, & Husam Eldin Ismail Hosen Mohamed Farah. 2016. “Child Notice Sudan.” UNICEF.
Fadil, Abdullah. 2019. “Boy Sentenced to Death in Sudan for Crime Reportedly Committed as a Child.” Khartoum: UNICEF. Retrieved December 13, 2020 (https://www.unicef.org/mena/press-releases/boy-sentenced-death-sudan-crime-reportedly-committed-child).
Hasab Alrasul Al-Jack, Manazil. 2002. "Sudanese Child Rights: A Case Study of Child Use in Khartoum State." Postgraduate Research. Khartoum: Institute of African and Asian Studies, University of Khartoum.
Heltne, Unni Marie, Ragnhild Dybdahl, Suleima Elkhalifa, & Anders Breidlid. 2020. “Psychosocial Support and Emergency Education: An Explorative Study of Perceptions Among Adult Stakeholders in Sudan and South Sudan.” Sustainability 12 (1410).
Imam Muhammad, Hamid. 2005. "Criminal Policy for Juvenile Justice in Sudan: A Comparative Study in Light of International Conventions." Doctoral degree. Khartoum: Neelain University, Department of Law.
Limon, Marc. 2020. “Human Rights in Sudan: The New Test Case for the Human Rights Council | Universal Rights Group.” Universal Rights Group. Retrieved December 15, 2020 (https://www.universal-rights.org/uncategorized/human-rights-in-sudan-the-new-test-case-for-the-human-rights-council/).
Markowska-Manista, Urszula. 2018. “The ethical dilemmas of research with children from the countries of the Global South. Whose participation?.” Polish Journal of Educational Studies 71(1): 51–65.
Markowska-Manista, Urszula. 2019. “Bad Children’ International Stigmatisation Of Children Trained to Kill During War and Armed Conflict.” Pp. 61-75 in Intersectionality and Difference in Childhood and Youth. Global Perspectives, edited by N. von Benzon and C. Wilkinson. London & New York: Routledge. DOI: 10.4324/9780429466588
Markowska-Manista Urszula. 2012. „Dzieci – ofiary, świadkowie i sprawcy ludobójstw w krajach Afryki Subsaharyjskiej.” Pp. 204–224 in Auschwitz a zbrodnie ludobójstwa XX wieku, edited by A. Bartuś, P. Trojański. Oświęcim: Państwowe Muzeum Auschwitz-Birkenau, Fundacja na rzecz MDSM.
McVeigh, Karen. 2018. “South Sudan Urged to End Death Penalty as Evidence Shows Children Among Dead.” The Guardian, 7 Decmber 2018. Retrieved December 13, 2020 (https://www.theguardian.com/global-development/2018/dec/07/south-sudan-urged-to-end-death-penalty-as-evidence-shows-children-among-dead-amnesty-international).
MICS. 2014. Prevalence of FGM in Sudan by state. Retrieved February 15, 2021 (https://www.28toomany.org/static/media/uploads/Country%20Research%20and%20Resources/Sudan/sudan_prevalence_map_(june_2017).png).
OHCHR. 2007. “Committee on Rights of Child Examines Report of Sudan on Sale of Children, Child Prostitution and Child Pornography.” Khartoum: UN Office of the High Commissioner for Human Rights. Retrieved December 12, 2020 (https://reliefweb.int/report/sudan/committee-rights-child-examines-report-sudan-sale-children-child-prostitution-and-child).
Palmqvist, Eva. 2006. “Children’s Rights in The Sudan – An Analysis Based on the CRC Reports.” Nairobi: Save the Children Sweden. Retrieved December 15, 2020 (https://resourcecentre.savethechildren.net/node/6444/pdf/6444.pdf).
Sadek, George. 2020. “Sudan: New Law Amending Penal Code Takes Effect | Global Legal Monitor.” Loc.gov. Retrieved December 15, 2020 (https://www.loc.gov/law/foreign-news/article/sudan-new-law-amending-penal-code-takes-effect/).
Tamashiro, Tami. 2010. “Impact of Conflict on Children’s Health and Disability”. UNESCO. Retrieved December 17, 2020 (https://unesdoc.unesco.org/ark:/48223/pf0000190712).
Thiam, Macoumba. 2016. “Female Genital Mutilation/Cutting (FGM/C) and Child Marriage in Sudan – Are There any Changes Taking Place?” Khartoum: UNICEF. Retrieved December 13, 2020 (https://www.unicef.org/sudan/media/1071/file/Female-Genital-Mutilation-Cutting-Child-Marriage-Sudan-2016.pdf).
Tønnessen, Liv, Samia El-Nagar, & Sharifa Bamkar. 2017. “Paper Tiger Law Forbidding FGM in Sudan.” CMI Brief 16(4): 1–4.
Tostensen, Arne, Hugo Stokke, Sven Trygged, & Kate Halvorsen. 2011. Supporting Child Rights. Stockholm: Sida and Norad. Retrieved December 9, 2020 (https://www.oecd.org/countries/sudan/48350333.pdf).
UNFPA Sudan. 2020. “The First Country in Africa to Outlaw the Practice of Female-Genital Mutilation (FGM).” Retrieved December 13, 2020 (https://sudan.unfpa.org/en/news/first-country-africa-outlaw-practice-female-genital-mutilation-fgm).
UNICEF. 2005. “Darfur Child Alert.” UNICEF.
UNICEF. 2018. “Strategy Notes of Sudan CPD 2018-2021 – UNICEF.” Khartoum: UNICEF. Retrieved December 16, 2020 (http://files.unicef.org/transparency/documents/2017%20Sudan%20PSN%20Child%20Protection%20TOC.pdf).
UNICEF. 2020. “Child Protection.” Khartoum: unicef.org. Retrieved December 14, 2020 (https://www.unicef.org/sudan/child-protection).
UNICEF. 2020. “Female Genital Mutilation (FGM).” Khartoum: UNICEF. Retrieved November 4, 2020 (https://www.unicef.org/sudan/media/2811/file/UNICEF%20Sudan%20Fact%20Sheet%20-%20Female%20Genital%20Mutilation%20(FGM).pdf).
UNICEF. 2021. Fgm-map. Retrieved February 15, 2021 (https://blogs.unicef.org/blog/five-things-you-didnt-know-about-female-genital-mutilationcutting-2/fgm-map/).
UNICEF/RCW. 2017. “SUDAN – Regional Study on Child Marriage.” Amman: UNICEF. Retrieved December 15, 2020 (https://www.unicef.org/mena/media/1816/file/MENA-CMReport-SudanBrief.pdf.pdf).
United Nations. 2008. “Toolkit to Combat Trafficking in Persons.” Vienna: United Nations. Retrieved December 15, 2020 (https://ec.europa.eu/anti-trafficking/sites/antitrafficking/files/unodc_toolkit_en_1.pdf).
United Nations. 2019. “World Urbanization Prospects.” New York: Department of Economic and Social Affairs Population Division. Retrieved December 12, 2020 (https://population.un.org/wup/Publications/Files/WUP2018-Report.pdf).
US Department of State. 2017. 2016 Country Reports on Human Rights Practices. Washington DC: Department of State. Retrieved December 27, 2020 (https://www.refworld.org/docid/58ec89c54.html).
Voluntary National Review (VNR). 2018. “Implementation of Agenda 2030 and the SDGs for Peace and Development in the Sudan.” Khartoum. Retrieved December 15, 2020 (https://sustainabledevelopment.un.org/content/documents/19424Sudan_Voluntary_National_Review_2018_1.pdf).
Wahba, Yasmine. 2010. “Legislative Reform to Support the Abandonment of Female Genital Mutilation/Cutting.” UNICEF. Retrieved December 15, 2020 (https://www.unicef.org/policyanalysis/files/UNICEF_-_LRI_Legislative_Reform_to_support_the_Abandonment_of_FGMC_August_2010.pdf).
Wambui, Evelyn. 2020. “Sudan’s Decision to Criminalize Female Genital Mutilation/Cutting (FGM/C) Is a Giant Step for Girls’ and Women’s Rights.” Khartoum: OCHA. Retrieved December 2, 2020 (https://reliefweb.int/report/sudan/sudan-s-decision-criminalise-female-genital-mutilationcutting-fgmc-giant-step-girls-and).
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