The 1989 Convention on the Rights of the Child is an international legal landmark, spelling out the rights of minors and the corresponding obligations for ratifying State Parties. Measures that cannot be promptly/fully implemented by all are worded so as to avoid/hedge a stance that may seem too exacting. The function of lexico-grammatical, rhetorical and pragmatic vagueness is to buttress and promote consensus by pre-empting judgements of unfeasibility. Vagueness serves a strategy of persuasion: the rhetorical task, by preventing non-alignment/dissent, to construct and construe the best interests of the child as a notion that can be actualised in all socio-cultural and legal contexts.
Indeterminacy in 'Rainbow' Legislation: The Convention on the Rights of the Child
CORTESE, Giuseppina
2005-01-01
Abstract
The 1989 Convention on the Rights of the Child is an international legal landmark, spelling out the rights of minors and the corresponding obligations for ratifying State Parties. Measures that cannot be promptly/fully implemented by all are worded so as to avoid/hedge a stance that may seem too exacting. The function of lexico-grammatical, rhetorical and pragmatic vagueness is to buttress and promote consensus by pre-empting judgements of unfeasibility. Vagueness serves a strategy of persuasion: the rhetorical task, by preventing non-alignment/dissent, to construct and construe the best interests of the child as a notion that can be actualised in all socio-cultural and legal contexts.
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