Judgment No. CCZ 12/2015 34 Const. Application No. 79/14 of the CRC to protect the girl–child against a particular practice that is primarily of concern to her, is unfair in light of the fact that special consideration is given to an issue where boys are particularly vulnerable. Such a gap reveals discrimination against the girl–child in the sense that the reality of her situation is not taken into account or specifically addressed. There is need to fully acknowledge that a child’s gender can detrimentally affect the realisation of his or her right. The use of gender–neutral language throughout the CRC may have been intended to promote equality and the inclusiveness that was lacking when the language of human rights was written solely from a male perspective. Jewel Amoah in an article titled “The World on Her Shoulders: The Rights of the Girl–Child in the Context of Culture & Identity” Essex Human Rights Review Vol. 4 No. 2, September 2007 argues further that the inclusion of gender–neutral language on its own is also not an ideal final solution. She concludes at p 15 that: “The failure to make specific reference to the girl– child and conditions that exacerbate her vulnerability is itself a form of discrimination against her ... It is not enough that the language simply be gender–neutral, but where there are specific gendered human rights abuses, then these, must be directly addressed.” Askari’s solution to the CRC’s failure to thoroughly consider gender specific rights violations is to have the concept of gender equality established as a peremptory norm. She states: “The problem of placing girls under the general category of ‘child’ is alleviated if gender equality is recognised as a peremptory and therefore non-derogable norm. Because it is gender–neutral, the term ‘child’ as used in the CRC, avoids certain additional violations that are specific to girls only. Thus, girls sometimes fail to be completely protected under the provisions of the CRC. By identifying gender equality as a jus cogens norm, the gender – neutral language of the CRC will no longer detrimentally affect girls’ human rights. Instead girls’ rights will be protected