Citation

Kiyala JCK. Int. J. Child. Rights 2021; 29(3): 662-700.

Copyright

(Copyright © 2021, Brill Academic Publishers)

DOI

10.1163/15718182-29030006

PMID

unavailable

Abstract

This empirical study examines the impact of epistemic injustice on child soldiers while exploring the potential of the Baraza structure - a local jurisprudence in the Democratic Republic of Congo - to pursue the "the best interests of the child" principle, particularly in the process of holding young soldiers accountable. Epistemic injustice, conceptually developed by Miranda Fricker, consists of "testimonial injustice", when the hearer gives a deflated level of credibility to a speaker's word due to prejudice; "hermeneutical injustice", which takes place when a structural breach in collective interpretive imagination resources unfairly disadvantages a person or social group when trying to render intelligible their social experiences; and "distributive epistemic injustice", which happens when "epistemic goods" (education and information) are inequitably distributed. The research outcomes suggest that Baraza jurisprudence has the potential to avert epistemic injustice, and to promote a non-discriminatory treatment of accused former child and adolescent soldiers.

Language: en

Keywords

Baraza jurisprudence; child soldiers; children’s rights; criminal justice system; Democratic Republic of Congo; epistemic injustice; hermeneutical injustice; testimonial injustice