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1
Scheepers, Chanéll. "The general responsibilities and rights of an unmarried father in terms of the Children’s Act 38 of 2005 / Chanéll Scheepers." Thesis, North-West University, 2011. http://hdl.handle.net/10394/8423.
Full textAbstract:
This thesis explores the impact of the new Children’s Act, Act 38 of 2005 on the
acquisition by unmarried fathers of parental responsibilities and rights. The research
has shown that the Children’s Act has fundamentally transformed the way in which
parental responsibilities and rights are acquired.
Parental responsibilities and rights can now be automatically acquired by a
committed unmarried father. Although the Act has undergone major changes,
unmarried fathers must still satisfy many more requirements than mothers, and thus
it is asserted that the Act is deemed not to have been progressive enough.
Granting full parental responsibilities and rights to both parents, based on their
biological link to the child, would meet the constitutional demands of sex and gender
equality. This would also place the focus on the child, and the best interests of the
child. The importance in securing these best interests that the presence of both
parents has in the life of the child is emphasised.Thesis (LL.M. (Comparative Child Law))--North-West University, Potchefstroom Campus, 2011
2
Lewis, Samantha Vanessa. "The constitutional and contractual implications of the application of chapter 19 of the Children's Act 38 of 2005." Thesis, University of the Western Cape, 2011. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_4530_1319010066.
Full textAbstract:
In this research, I carefully and coherently examine Chapter 19 of the Children's Act 38 of 2005 as the first legislation to afford surrogate motherhood agreements legal recognition in South Africa. I argue that the application of Chapter 19 imposes a number of unwarranted limitations on several of the constitutional rights of the parties to a surrogacy agreement. In addition, I propose that Chapter 19 is not in accordance with the principal of the best interests of the child. I examine the history of surrogate motherhood in South Africa and establish that, prior to the enactment of Chapter 19, no legislation expressly afforded surrogate motherhood agreements legal recognition. Hence, prior to the enactment of Chapter 19, parties who entered surrogacy agreements could, first, not rely on the agreement to enforce contractual obligations, and secondly, the legal positions of the parties to the agreement were uncertain. Thirdly, a child born of a surrogacy agreement was seen as the child of the surrogate mother and not of the commissioning parents.
3
Meyiwa, Nonceba. "We cannot fight for what we do not know : information that mothers of disabled children have about the Children's Act (No. 38 of 2005) and the Children's Amendment Act (No. 41 of 2007) in South Africa." Master's thesis, University of Cape Town, 2010. http://hdl.handle.net/11427/12693.
Full textAbstract:
Includes bibliographical references (p. 82-86).The purpose of this study is to explore the information that the mothers of disabled children have on the provisions of the Children's Act (CA) (Act no.38 of 2005) and the Children's Amendment Act (CAA) (Act No.41 of 2007). The two Acts were consolidated after the regulations had been adopted. The Children's Act gives effect to the three specific constitutional rights of children contained in section 28. These are: a. The right to social services. b. The right to parental or family care or to appropriate alternative care when removed from their family. c. Protection from maltreatment, neglect, abuse or degradation. This Act stipulates the services that are required to give effect to the three State obligations. The aim of the research was 1) to investigate the nature of information which mothers of disabled children have acquired about the Children's Act, and 2) factors influencing the access to this information by these mothers. The study population was mothers whose children have a physical or mental disability. The study sample was purposively selected from mothers of disabled children living in a township in Ekurhuleni Metropolitan, in Gauteng Province. A qualitative research approach was used in this study, and a case study design was adopted. Individual in-depth interviews were held with four participants. The data collected through the in-depth interviews was analysed using a thematic content analysis. The findings of this study will raise awareness among mothers of disabled children and their organizations of the rights and services to which disabled children are entitled according to the Children's Act. It will therefore enable them individually and through DPOs to more effectivity monitor the implementation of the Act by the State and to enforce compliance by the State of its obligations to disabled children in terms of the Children's Act.
4
Van, der Heever Marietjie. "Die implementering van kinderdeelname ingevolge artikel 10 van die Kinderwet, Wet 38 van 2005 en die maatskaplike werker se verantwoordelikheid / Marietjie van der Heever." Thesis, North-West University, 2012. http://hdl.handle.net/10394/9225.
Full textAbstract:
Remarkable progress with respect to the necessity of child participation has been observed in the Children's Act, act 38 of 2005. Article 10 of the Children's Act, act 38 of 2005, specifically provides for children‟s right to participate in any situation applicable to a child.
Despite afore-mentioned progress in the legal field, the reality is that there are remarkable differences between children's rights to participate in society and society's experience of the role children play and the abilities they possess to do so. In this article the focus is on the responsibility of the social worker during the implementation of children's participation, according to the Children's act, act 38 of 2005.
The successful implementation of children's participation by social workers ensures that the child is given a voice while important issues are being heard and discussed. This can actively contribute to the improvement of services offered to children and families with regard to effective intervention programmes and can ensure a positive outcome in terms of services provided.Thesis (MSW (Forensic Practice))--North-West University, Potchefstroom Campus, 2013.
5
Beyl, Aletta Elsabe. "A critical analysis of Section 21 of the Children's Act 38 of 2005 with specific reference to the parental responsibilities and rights of unmarried fathers." Diss., University of Pretoria, 2013. http://hdl.handle.net/2263/40608.
Full textAbstract:
The aim of this dissertation is to establish if the unmarried father has been placed in a better position regarding his rights to his child with the advent of the Children’s Act 38 of 2005. Prior to the commencement of the Children’s Act a number of different sets of legislation encompassed the unmarried father’s position. The unmarried father could not automatically acquire any rights to his child and had to prove that it would be in the child’s best interests to be allowed contact.
The study was done on the basis of an analysis of the interaction of the unmarried father’s rights with the child’s rights, as well as the interaction of their rights with the Constitution. An analysis was also made of the manner in which the Bill of Rights in the Constitution should be applied with respect to the relationship between parents, their children and the state. From the study it was found that the unmarried father’s rights interlink closely with those of his child and the state. It was established that the Bill of Rights must be applied both horizontally and vertically and that the primary duty rests on the parents and only passes to the state if the parents are unable to perform their primary duties to the child. It was further established from the study that a limitation on the parent’s right to equality is only justified in terms of section 36 of the Constitution by the child’s overriding right to have meaningful relationships with both parents.
A comparison was made with the relevant legislation of some African and non-African countries to establish if South Africa could learn something from their child law legislation. An analysis was also done of those sections of the Children’s Act that interact with section 21. From this analysis it was clear that many sections and phrases in the Children’s Act are unclear, undefined and open to interpretation. In this regard certain amendments to the Children’s Act are suggested in the study.
It is submitted in this study that even though the Children’s Act codified legislation pertaining to children and the unmarried father may acquire parental responsibilities and rights, the improved position is superficial and subject to obstacles. The unmarried father needs to fullfil certain requirements in order to acquire his parental responsibilities and rights, as provided for in section 21(1). One of the main problems of this section is that it does not provide for any form of proof to be provided to the unmarried father to confirm or indicate that he has acquired responsibilities and rights. Even though the mother has these rights simply because of her biological link to the child, she is hardly ever placed in the position where her parental responsibilities and rights are questioned by third parties. This is not the position with the unmarried father. He is firstly placed in a disadvantaged position because he has no way to show that he is the holder of rights and secondly he is being discriminated against, simply because he is placed in this position.
It was concluded in this study that despite the improved position of unmarried fathers, their position has only prima facie improved and they really should be placed in the same position as mothers. It is submitted that if the same rights mothers have are also afforded to unmarried fathers, it would be to the benefit of their children and their right to parental care and family life.Dissertation (LLM)--University of Pretoria, 2013.
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Private Law
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6
Mankazana, Sobantu Vincent. "Investigation into the implementation of the childrens act no 38 of 2005 in mainstream schools in the Fort Beaufort education district." Thesis, University of Fort Hare, 2012. http://hdl.handle.net/10353/502.
Full textAbstract:
In this study the focus is on the implementation of the Children’s Act in mainstream schools. The Children’s Act mandates that all children who are in need of care both in school and out of school should be taken care of and be protected. However, they are often not afforded the full opportunity to enjoy the benefits of this Act. This is due to various factors that hinder the process of its implementation in mainstream schools. The main emphasis of this study is on the factors that hinder the implementation of the Children’s Act. The aim of the Children’s Act is to look after and provide services and support to children in need of care and protection. In order to provide such services and support to children, one needs to first identify such learners in need of care and their needs. Having done this, the support needed can be assessed and provided. This process is not easily achieved in mainstream schools. This study seeks to determine the factors that discourage the implementation process of the Children’s Act in mainstream schools. Data collection for this study included face to face interviews with teachers who are principals of schools and Life Orientation teachers, a social workers and school nurse. The data was used to analyze and interpret the challenges that hinder the implementation of the Children’s Act in mainstream schools. Among others, the study found that there is a lack of collaboration among stakeholders and coordination of service delivery. Poor parental involvement and commitment to parent involvement programmes was also evident. However, to a limited degree, there is interaction between the schools and relevant government departments. The study recommends that multidisciplinary teams should be formed whereby scarce resources can be shared. Various professionals should have the opportunity to come together toshare ideas and information. In order to encourage identification of learners in need of care, it is recommended that, the peer groups or peer educators be established and awareness campaign be conducted in schools. The study also recommends that developmental assessment programmes be conducted. Developmental assessment programmes will help gather information directly from learners or from an appropriate adult in the child’s life. They provide frameworks which can be used as guides for eliciting and analysing information.
7
De, Bruin David Wegeling. "Child participation and representation in legal matters." Thesis, University of Pretoria, 2010. http://hdl.handle.net/2263/27414.
Full textAbstract:
The child’s participation in any legal matter involving him/her is crucial whether received directly or indirectly through a legal representative. The significance of the child’s views in legal matters is accepted internationally and is entrenched in South African law. This is the main feature of the present research. In Roman law the paterfamilias was the complete antithesis of the best interest of the child with his paternal power entirely serving his own interests. The best interests of the child progressively improved his/her participatory rights and the dominance of paternal authority in Roman, Germanic, and Frankish law eventually gave way to parental authority and assistance in Roman-Dutch law. This advanced the child’s participation in legal matters and under Roman-Dutch law, his/her right of participation included legal representation by way of a curator ad litem. The child’s best interests were consistently viewed from an adult’s perspective and resulted in an adult-centred assessment of his/her best interests. Statutory intervention increased the child’s participatory and representation rights, however, the tenor of these items of legislation remained parent-centred. The Appeal Court later dispelled any uncertainty regarding the paramountcy with respect to the best interests of the child. During the 1970s in South Africa, the emphasis began shifting from a parent-centred to a child-centred approach in litigation between parents in cases involving their children. An open-ended list of factors comprising the best interests of the child accentuated this shift. Courts were encouraged to apply the paramountcy rule in legal matters concerning children and to consider the views of children in determining their best interests. The new democratic constitutional dispensation in South Africa, followed by the ratification of the Convention on the Rights of the Child and the African Charter, obligated South Africa to align children’s rights with international law and standards. The South African Law Reform Commission set out to investigate and to formulate a single comprehensive children’s statute. The resultant Children’s Act 38 of 2005 is the most important item of legislation for children in private law in South Africa. The Children’s Act provides for the widest possible form of child participation in legal matters involving the child. It revolutionises child participation requiring no lower age limit as a determining factor when allowing the child, able to form a view, to express that view. The child’s right to access a court and to be assisted in doing so further enhances his/her participatory right. Effective legal representation is the key in ensuring that children enjoy the fundamental right of participation equal to that of adults in legal matters involving children. Comparative research of child laws in Australia, Kenya, New Zealand and United Kingdom confirms that South Africa is well on the way in enhancing children’s participatory and legal representation rights in legal matters concerning them. This illustrates that only the child’s best interests should serve as a requirement for the legal representation of children in legal matters. Continued training is essential to ensure the implementation of the Children’s Act and requires a concerted effort from all role-players.Thesis (LLD)--University of Pretoria, 2010.
Private Law
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8
Agere, Leonard Munyaradzi. "An evaluation of the role of child and youth care centres in the implementation of South Africa’s children’s act." Thesis, University of Fort Hare, 2014. http://hdl.handle.net/10353/d1015406.
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The aim of this study was to evaluate the role played by CYCCs to provide support and protection to children who have been found to be in need of care, according to the criteria given in the Children’s Act No. 38/2005 as amended. The study made use of a qualitative approach and the research design was provided by the case study. Data was gathered by means of semi-structured interviews and focus group discussions. The most important findings to emerge from the study were that the factors which affect the operation of CYCCs are either institutional, or else challenges arising from issues pertaining to infrastructure and human resources. However, it was also acknowledged that, despite the challenges which affect their ability to provide their services to young people, the CYCCs had also made progressive steps to halt the suppression of the fundamental rights of children. It has been recommended that the government should apply comprehensive funding to the objectives of the Children’s Act, which would entail increasing the subsidies to CYCCs. It has also been recommended that the Policy on Financial Rewards should call for the same benefits and salary scales to apply for professional staff working in the government and to those working in the CYCCs. The repercussions from failing to adjust to these recommendations will inevitably lead to the employment of a remedial model of care.
9
Fortune, Candice Lynn. "An overview of the foster care crisis in South Africa and its effect on the best interests of the child principle : a socio-economic perspective." Thesis, University of the Western Cape, 2016. http://hdl.handle.net/11394/5518.
Full text
10
Stockton, Karen. "An explorative study considering the process of change at school and local authority level as a result of implementation of the Education (Additional Support for Learning) (Scotland) Act 2004 and The Additional Support for Learning (Changes in School Education) (Scotland) Regulations 2005, with its support document, Supporting children's learning - code of practice 2006." Thesis, University of East London, 2007. http://roar.uel.ac.uk/3818/.
Full textAbstract:
This research evaluates the process of change at school and local authority level, as a result of the implementation of the Education (Additional Support for Learning) (Scotland) Act 2004. Five research questions investigate the perceptions of those school staff taking part in the process of change, in that they query: the properties staff attach to the process of change; the conditions they believe may foster or inhibit the process of change; the skills they feel are important to facilitating a process of change; what changes there may be for children with Additional Support Needs; and, importantly, what meaning they infer from taking part in the process of change. This research pursues a flexible qualitative design, marrying Grounded Theory and a Constructivist philosophical perspective. The method utilised to address these questions involved administering initial Quality Indicator Schedules, followed by twelve semi-structured interviews in three phases (A, B & C) with staff in two schools. Interpretative Phenomenological Analysis of the transcribed interviews took place at the end of phases A, B and C. The research findings suggested that those staff taking part attached the following properties to the process of change: change in school practice; good understanding; and an understanding and attitudinal shift. In addition, staff were able to depict the conditions, from their own perspective, that either fostered or inhibited the process of change, to the extent that, during phase C, they had conceptualised their thinking into a framework: the Bottom-Up Model/Approach which offered them a preferred framework to help support future processes of change. The meaning inferred, from the perspective of those staff taking part in the process of change, focused on self and school improvement better to support children with Additional Support Needs.
11
Smit, Mathilda. "Gesinsbemiddelingsproses met inagneming van die "Children's Act, Act 38 of 2005"." Thesis, 2009. http://hdl.handle.net/10500/4166.
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Text in AfrikaansGlobally divorce is an increasing phenomenon. If not handled correctly it may be significantly destructive for the people involved. The new Children’s Act, Act 38 of 2005 regards the best interests of the child paramount in all matters concerning the care, protection and well-being of a child. It underpins the importance of the full, or specific parental responsibilities of parents, the importance of a conciliatory and non-confrontational approach to the settlement of child-centred disputes. It also mandates that the child has the right to participate in an appropriate way in any matter concerning that child and that his views must be given due consideration. Further Act 38 of 2005, provides for parenting plans to be agreed upon determining the exercise of their respective responsibilities and rights. The goal of this research was to explore, develop and implement a process of family mediation with reference to Act 38 of 2005. Five families affected by divorce and their children were selected as case studies for qualitative research. Applied research was done within the context of intervention research and the first four phases of Rothman and Thomas’ Intervention Research model was used. Problems caused by divorce were identified and the goal was to address the best interests of the child by improving the co-parenting relationship, parent-child relationships and the quality of parenting. Information gathering and synthesis took place by using existing information sources, studying natural examples and identifying functional elements of successful models.An observational system was designed. It included the natural observing of the five case studies, specific procedural elements and intervention. The design criteria were applied to the preliminary intervention concept.
Social Work
D.Diac. (Spelterapie-Rigting)
12
Du, Preez Willie Renier. "The medical treatment of children and the Children's Act 38 of 2005." Diss., 2012. http://hdl.handle.net/2263/27868.
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During the last decade a considerable number of statutes were adapted in South Africa pertaining to the medical treatment of children. Following international norms regarding this matter, South African law also prescribes a minimum age of consent for children seeking medical treatment without the parent’s or guardian’s consent. The long awaited Children’s Act revolutionised child law in South Africa in that it is a piece of legislation touching on a wide spectrum of issues which impact on children’s lives. Before the Children’s Act, matters regarding children were found in scattered fragments in a number of Acts and were not always focused on the child. The Act was hailed by children’s rights activists and generally welcomed. However, as with all legislation, the Act is not without its shortcoming and there are several areas which are vulnerable to criticism. In any communication or transfer of information, the manner in which the message or information is constructed will influence the ultimate decision. The Act does not address the manner or mode in which information is conveyed to the child. For instance, it does not address the predisposition that the medical practitioner consulting the child may have, nor does it require an impartial medical practitioner to assist the child in his/her assessment and decision in the matter. In this regard, the caution offered by Du Preez may be applicable, that “if the effective meaning of the information predominates over the conceptual meaning thereof, the listener/ reader will fail to make a proper judgement of what is being said.” 1 Section 129 does not contain any guidelines or provisions on how a medical practitioner should test whether a child has the mental capacity to understand the information regarding the proposed treatment. The study will report on the results of a consultation with a counselling and educational psychologist to determine which tests or methods could be used by medical practitioners to evaluate the maturity of child patients and the implications this could have on the child and his/her medical treatment. The prerequisites as set out in the new Children’s Act will be examined and the possible problems which might occur will be discussed. CopyrightDissertation (LLM)--University of Pretoria, 2012.
Private Law
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13
Mpumelelo, Ncube E. "Views of parents in the Johannesburg Metro (Region 11) regarding reproductive health issues emanating from the Children's Act No 38 of 2005 as amended in 2008." Thesis, 2010. http://hdl.handle.net/10539/8199.
Full textAbstract:
The study took as its point of departure the Children’s Act No 38 of 2005 that emanated
from the Bill of Rights enshrined in the Constitution of the Republic of South Africa (Act
108 of 1996). This Act has as its primary aims, to promote the preservation and
strengthening of families and to give effect to the rights of children as enshrined in the
Constitution of the Republic of South Africa, including: protection of children from
maltreatment, neglect, abuse or degradation and the fact that the best interest of a child are
of paramount importance in every matter concerning children. It was anticipated that the
areas of the Children’s Act with its emphasis on the rights of children would empower
them in relation to their protection and development in that particular context. When the
Act was introduced, it evoked mixed reactions with certain segments of society
applauding the government for its efforts, and others condemning the government’s
approach towards reproductive health issues affecting children. The primary aim of the
research project was to explore the views of a group of parents in the Johannesburg Metro
Region 11 regarding reproductive health care as embedded in the Children’s Act. The
study took the form of a small-scale, mixed methods, descriptive, cross-sectional survey
research design as it sought to elicit participants’ views on those specific clauses in the
Act. In addressing the aims and objectives of the study, interview schedules were
administered to 35 participants on an individual, face-to-face basis. Participants were
adults drawn from Johannesburg Metro Region 11 and the data collected was analysed
using descriptive statistics and thematic content analysis. The main findings that emerged
from the study were that, participants did not participate in the process leading up to the
promulgation of the Children’s Act No 38 of 2005. Consequently, participants had little
knowledge about the Act and did not have any knowledge about its objectives. The fact
that participants did not support certain clauses has implications for amendment of the Act
with reference to the clauses on reproductive health care.
14
Sibanda, Sipho. "Challenges faced by social workers working in child protection services in implementing the Children's Act 38 of 2005." Diss., 2014. http://hdl.handle.net/2263/40369.
Full textAbstract:
The transition from the previous Child Care Act 74 of 1983 to the new Children’s Act 38 of 2005 has been chaotic. Since the introduction of the Children’s Act 38 of 2005, and its subsequent implementation in April 2012, there has been instability in rendering child protection services. This state of affairs has been caused by some serious loopholes and shortcomings in the new legislation; challenges faced by social workers in adapting to it; lack of capacity of the stakeholders in the child protection field; and the shortage of resources to implement it.
The goal of the study was to explore the challenges faced by social workers working in child protection services in implementing the Children’s Act 38 of 2005. The researcher conducted this study from a qualitative approach. The study was applied and exploratory in nature and utilised a collective case study design. There were 18 social workers in the employ of Johannesburg Child Welfare who participated in the study. They were selected through purposive sampling. Data was collected by means of focus group discussions. The findings show that social workers face institutional and infrastructural barriers in implementing the Children’s Act. Furthermore, social workers face massive human resource challenges in the implementation of the Children’s Act and these stem from the shortage of social workers; inadequate training of social workers and high case loads. Shortcomings that have been realised in the implementation of the Children’s Act 38 of 2005 relate to the transfer of children to alternative placements; different interpretations of different sections of the said Act; the fundamental change to a court based system of renewing the placement of children; contradictions of the Children’s Act with other legal statutes and societal values; and the over reliance of the child protection system on the foster care system to provide income support for children.
The study concluded that the Children’s Act needs to be amended to address its pre-statutory, statutory and post-statutory shortcomings, which create many challenges in its implementation. The study also concluded that the shortage of social workers and/or inadequate training contributes to high case loads, which in turn, influences the effectiveness of child protection services.
Recommendations on addressing the challenges faced by social workers in implementing the Children’s Act include the establishment of a kinship care grant; amending the Children’s Act; organising training for all role players involved in implementing the Children’s Act; and addressing technical issues on the implementation of the Children’s Act.Dissertation (MSW)--University of Pretoria, 2014.
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Social Work and Criminology
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Prinsloo, Ronelle. "Ouerlike regte en verpligtinge ooreenkomste kragtens die Childrens Act 38 van 2005 / Ronelle Prinsloo." Thesis, 2014. http://hdl.handle.net/10394/11946.
Full textAbstract:
The authority of parents within the parent child relationship has developed from the rigid potestas which the pater in Roman Law could legally exercise to the authority of both parents in Roman-Dutch Law. The relationship had always been based in the biological sphere while the guardianship of the fathers had always been stronger than that of the mother. The position had been altered statutoraly in the Guardianship Act to provide for guardianship for the mother to be equal to that of the father.Under pressure of Constutional norms and prescripts on the one hand and also because of dramatically changed circumstances on the other it has become imperative that the foundation of the relatiopship would be reconcidered to determine its appropriateness for modern circumstances. Parental responsibilities and rights agreements as well as parenting plans to establish such responsibilities and rights in situations where it does not pertain to a perticular parent or a person concerned consequently reflect new and progressive thinking with regard to the nature and content of the relationship. In addition it may be noted that these agreements and plans reflect an inclination on the side of the legislature to move away from expensive, cumbersome and aggresive litigation bt providing the opportunity to persons concerned to come to mutaully acceptable results. It is futher argued that these agreements and plans may be viewed as a first step for the establishment of Family Relationshiop Centres it has developed in Australian LawLLM (Private Law), North-West University, Potchefstroom Campus, 2014
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Basson, Elzanne. "'n Ondersoek na die invloed van die belewenisse van maatskaplike werkers op die implementering van die statutêre verwyderingsproses / Elzanne Basson." Thesis, 2014. http://hdl.handle.net/10394/11008.
Full textAbstract:
Statutory social work is a mode of intervention within social work which poses
many emotional and physical challenges to social workers. Social workers
execute the implementing of the Children's Act (Act 38 of 2005) through the
statutory removal process and they are the primary facilitators of this process.
The goal of the statutory removal process is to protect children from abuse,
neglect and exploitation by their biological parents or carers.
Although research has been done previously about the experiences of social
workers with regards to the statutory removal process, the research was limited
to studies in America and England. The goal of this study was to explore the
experiences of social workers concerning the statutory removal process in South
Africa in order to determine what the influences of these experiences were on the
implementation of the statutory removal process.
The research study is a qualitative study and a phenomenological strategy was
followed to determine the social workers' experiences of the statutory removal
process. The researcher made use of non-probability sampling through
purposeful sampling to select participants for the study. Unstructured interviews
were conducted with 26 social workers who are directly involved with the
statutory removal of children. Interviewing took place until a saturation point was
reached in the study. All interviews were transcribed for the purpose of data analyses,
after which themes and sub-themes were identified. The themes and
sub-themes were verified against existing literature, after which conclusions and
recommendations were made.MSW, North-West University, Potchefstroom Campus, 2014
17
Manukuza, Khanyisile B. "Legal placement of orphaned children in related foster care : the perspectives of social workers." Thesis, 2014.
Find full textAbstract:
After the transition from apartheid to democracy, the South African government embarked on designing policies and laws to address social problems and protect vulnerable groups in communities. Orphaned children are regarded as being vulnerable. The Children’s Act No. 38 of 2005 (as amended) is a legal document set to address issues related to vulnerable children and to ensure that their best interests are met. In terms of Section 150 of the said Act, orphaned children could be identified as children in need of care and protection if they are without visible means of support. However, this section of the Act is open to various interpretations and expectations. Social Workers at the Department of Social Development are currently under pressure to recommend to presiding officers of the Children’s Court that an orphaned child be legally placed in the foster care of the relative. However, presiding officers often question such recommendations because in their opinion the child does not present as a child in need of care and protection and as a result the recommendation made is rejected. This response lowers work morale because it displays disregard for the professional integrity of Social Workers and also increases their already high caseloads. This research study explored the perspectives of Social Workers regarding the legal placement of children in the foster care of relatives. Purposive sampling was used to recruit research participants, 30 foster care Social Work based at Department of Social Development in the Johannesburg Metro Region. A qualitative research design was adopted. Data was gathered using personal interviews and focus groups. A semi-structured interview schedule was utilized to guide the structure of the personal interviews and focus groups. Data gathered was analyzed using thematic content analysis. Findings has provided insight into what intervention strategies are deemed to be in the best interests of vulnerable orphaned children from the perspective of social workers and possible recommendations for policy changes.
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Makola, Magashe Petrus. "Teenage pregnancy : views of parents/caregivers, teenagers and teachers at two high schools in Soweto, Gauteng." Thesis, 2011. http://hdl.handle.net/10539/10718.
Full textAbstract:
In view of the unprecedented escalation in unplanned teenage pregnancies in South Africa, this research study sought to explore contributing factors, consequences, challenges, needs and coping strategies surrounding teenage pregnancy. The study was based on a qualitative research paradigm. The research used purposive sampling as a strategy to target three particular categories of individuals for investigations (i.e. parents/caregivers, teenagers and teachers). Semi-structured interview schedules were the instruments used to gather data during face-to-face interviews with the participants. The sample consisted of eight teenage mothers and one expectant teenage mother in Grade 9 to Grade 12; six parents who had children who had experienced teenage pregnancy and six teachers who were or are teaching teenagers. In order to analyze the qualitative data, a typical form of thematic content analysis was utilised. The main conclusion based on the research findings was that the challenges, needs and coping strategies perceived by the three groups of participants were similar and associated with one another. Although most of the most of the findings coming to the fore have also been apparent in previous research studies, it enhanced the knowledge and understanding of the phenomenon of teenage pregnancy from a triangulation perspective, namely teenagers and primary role players in their lives. It is hoped that the recommendations made, based on the research findings, will lead to improved social work intervention strategies, and services offered by other people responsible for addressing this social problem in the South African context..
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Fourie, Charmaine. "'n Opleidingsprogram vir voornemende pleegouers (Afrikaans)." Thesis, 2008. http://hdl.handle.net/2263/27100.
Full textAbstract:
Misdade wat gemik is teen kinders veroorsaak tans ‘n nasionale krisis wat geïllustreer word deur die feit dat daar ‘n toename in die mishandeling en verwaarlosing van kinders is. Al hoe meer kinders word ook wees gelaat na die afsterwe van hul biologiese ouers weens MIV/VIGS-verwante siektes. Dit bring mee dat daar ‘n geweldige toename in pleegsorgplasings in Suid-Afrika is. Welsynsorganisasies beskik egter nie oor ‘n resente opleidingsprogram wat daarop gemik is om voornemende pleegouers op pleegsorg voor te berei nie. Die doel van die studie het behels om ‘n opleidingsprogram vir voornemende pleegouers te ontwikkel, te implementeer en empiries te toets. Die doelwitte wat gestel is om die doel te bereik was om ‘n opleidingsprogram vir voornemende pleegouers te ontwikkel, die program by voornemende pleegouers te toets en om die impak van die program waar te neem deur die resultate van ‘n voor- en natoets te vergelyk. Die inhoud van die opleidingsprogram wat vir die studie ontwikkel is, is beskryf. Gevolglik is van beskrywende navorsing gebruik gemaak. Hierdie studie het berus op die volgende hipotese: Indien voornemende pleegouers hierdie opleidingsprogram deurloop het, sal die voornemende pleegouers se kennis rakende die omvang, wetlike implikasies, verwagtinge, motiewe, verantwoordelikhede en pligte ten opsigte van pleegsorg, en die profiel van die pleegkind verbeter. Die empiriese resultate van die studie het die hipotese as waar bewys.‘n Kwantitatiewe enkelstelselontwerp, is die benadering wat gevolg is. Data is ingesamel met behulp van ‘n vraelys wat tydens ‘n voor- en natoets benut is. Altesaam 53 respondente (ouer as 20 jaar) bestaande uit getroude pare en enkellopendes wat gedurende die tydperk Februarie tot Junie 2006, by die Ondersteuningsraad van Pretoria as voornemende pleegouers aangemeld het, is by die studie betrek. Die 53 respondente is in drie groepe ingedeel. Drie opleidingsessies met elk van die drie groepe is onderneem. Rothman en Thomas se model vir intervensienavorsing is benut om die opleidingsprogram vir voornemende pleegouers te ontwikkel. Die model bestaan uit ses fases, waarvan die eerste vyf fases in die studie benut is. Tydens die eerste fase is die probleem ontleed; in die tweede fase is teoretiese inligting versamel en deelnemers by die studie betrek; by die derde en vierde fases, is die opleidingsprogram tentatief ontwerp en getoets om leemtes te identifiseer. Daarna is die program volledig geïmplementeer en die impak daarvan empiries getoets. Die kwantitatiewe data (voor- en natoets) is met behulp van ‘n selfontwerpte vraelys ingesamel. Die vraelys is benut om inligting aangaande die respondente se kennis van pleegsorg te verkry. Individuele telefoniese onderhoude is een maand na afloop van die implementering van die program met die respondente gevoer om addisionele inligting te kry. Die resultate van die voor- en natoets het getoon dat die opleidingsprogram suksesvol was. Die respondente wat by die studie betrek is, het ‘n verbetering getoon ten opsigte van hul kennis van pleegsorg. Na die evaluering van die opleidingsprogram, is ‘n samevatting van die vernaamste bevindings, en gevolgtrekkings vir die ondersoek in geheel, aangebied. Aanbevelings is gemaak en is temas vir verdere navorsing geïdentifiseer.Thesis (DPhil)--University of Pretoria, 2008.
Social Work and Criminology
unrestricted
20
Themistocleous, Nicola. "Child care and contact evaluations : psychologists' contributions to the problem-determined divorce process in South Africa." Thesis, 2017. http://hdl.handle.net/10500/23273.
Full textAbstract:
Disputes concerning care and contact arrangements for the minor children of divorcing couples present special challenges for professionals in the legal and psychological professions. Care and contact (custody) disputes, which are complex undertakings, are a point of debate in the professional arena in South Africa. Clinical psychologists are often included in the professional cohort that assists the high court, as the upper guardian of minor children, in the decision making process regarding contested care arrangements of children. This field is further challenged by the lack of training programmes and practice guidelines, the intense adversarial nature of disputes and litigation processes, as well as the increase in board complaints levelled against psychologists at the Health Professions Council of South Africa. These challenges contribute to the reluctance of psychologists to become involved in care and contact matters. This study therefore aimed first to explore the current practices and contributions of clinical psychologists in care and contact disputes in South Africa, and second to evaluate the procedures used by clinical psychologists to inform their recommendations to the court. In such matters, clinical psychologists adhere to the best interest of the child (BIC) principle. The final aim of the study was to identify and propose guidelines for a model of better practice. The study was guided by a Constructivist Epistemology and a Social Constructionist paradigmatic framework. A qualitative research approach was employed. Data were collected through face- to-face interviews with clinical psychologists and advocates and were analysed using Thematic Network Analysis of Attride-Stirling. The findings, which indicated that that the practices of psychologists are plenteous, revealed significant shortfalls in current practices. In addition, the findings designated that creating a universal model for care and contact evaluations to fit with the legal professions’ empiricist tendency poses a paradigmatic dilemma and a practical challenge. A position of observer-dependence and a reflective position on the part of the psychologist is instead indicated.Psychology
Ph. D. (Psychology)
21
Kalamer, Jeanne. "Beste belang-maatstaf en die Kinderwet 38 van 2005 : 'n grondwetlike perspektief." Diss., 2013. http://hdl.handle.net/10500/11886.
Full text
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Thumbadoo, Zenuella Sugantha. "Ways in which child and youth care workers support child-headed households in communities." Diss., 2013. http://hdl.handle.net/10500/13810.
Full textAbstract:
The qualitative research approach, applying an explorative, descriptive and contextual strategy of enquiry was used to address the research question formulated, - How do child and youth care workers support child-headed households in the community? In this process the needs, relationships, interactions and encounters which occur between child and youth care workers and young people in child-headed households are described. The research was conducted with children from two child-headed households (12 children in all) and three community child and youth care workers from the Isibindi project in the province of Kwa-Zulu Natal. The findings confirm that the integration of child and youth care work characteristics in the daily life events of the children, contributed to services to children that are therapeutically caring, reclaiming and reflective of the African spirit of Ubuntu – demonstrating a relevant and unique South African expression of child and youth care practice.Sociology
M. Tech. (Child and Youth Care)
23
Celliers, Charmaine. "Beskerming van kinderregte in die Suid-Afrikaanse reg in die lig van die Kinderwet 38 van 2005." Diss., 2013. http://hdl.handle.net/10500/8615.
Full textAbstract:
Afrikaans textSuid-Afrika het ‘n ver pad gekom sedert die 16de eeu in die erkenning en ontwikkeling van kinderregte. Kinderregte word vandag ten volle erken in die Grondwet, wat die hoogste gesag in die land is. Hierdie studie het ten doel om die beskerming van kinderregte in die Suid-Afrikaanse Reg te ondersoek, met verwysing na die rol wat internasionale reg, soos die United Nations Convention on the Rights of the Child (“die Konvensie”) en die African Charter on the Rights and Welfare of the Child 1990 (“Afrika Handves”) in die ontwikkeling van kinderregte gespeel het. Spesifieke voorskrifte ingevolge waarvan die regte van kinders beskerm word is ondersoek,insluitend artikel 28 van die Grondwet en sekere bepalings van die Kinderwet. Weens die beperkte omvang van hierdie verhandeling, is sekere afgebakende voorbeelde uit die Kinderwet ondersoek met spesifieke verwysing na kinders se regte en tradisionele waardes soos manlike besnydenis, vroulike besnydenis en maagdelikheidstoetse. Daar is gekyk of die praktiese probleme op regeringsvlak, byvoorbeeld die voorsiening en befondsing van maatskaplike dienste, die implementering van die bepalings van die Kinderwet vertraag. Skrywer kom tot die slotsom dat die bepalings van die Kinderwet alleenlik nie voldoende is om effektiewe beskerming aan sekere groepe kinders te verleen nie en hierdie probleme lei daartoe dat kinderregte nie behoorlik gerealiseer en geïmplementeer word nie, en dat daar nie ‘n behoorlike balans tussen die regte en verantwoordelikhede van die kind, die ouers en die staat bereik word nie. Moontlike oplossings vir die probleem en tekortkominge in die uitvoering van die Kinderwet word voorgestel in die slot hoofstuk.
South Africa has come a long way since the 16th century in the recognition and development of children's rights. Children's rights are now fully recognized in the Constitution, the supreme authority in the country. This study aims to investigate the protection of children's rights in South African law, with reference to the role of international law, such as the United Nations Convention on the Rights of the Child and the African Charter on the rights and Welfare of the child 1990, in the development of children's rights. Specific provisions under which the rights of children protected is examined, including Section 28 of the Constitution and certain provisions of the Children’s Act. Due to the limited scope of this paper, some designated examples from the Children’s Act are examined with particular reference to children's rights and traditional values such as male circumcision, female circumcision and virginity testing. It is looked at if whether the practical problems experienced on government level, the provision and funding of social services delay the implementation of the provisions of the Children's Act .Author comes to the conclusion that the provisions of the Children alone is not sufficient to ensure effective protection of the rights of certain groups of children and that these problems led to children's rights not properly realized and implemented, and that a proper balance between the rights and responsibilities of the child, the parents and the state is not reached. In the concluding chapter possible solutions to the problems and shortcomings in the implementation of the Children’s Act is suggested.
Jurisprudence
LLM
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Mbulu, Jabulile Favourite. "Exploring the experience of virginity testing by female adolescents in the uThungulu district of Kwazulu-Natal." Diss., 2016. http://hdl.handle.net/10500/21610.
Full textAbstract:
Text in EnglishThe purpose of the study was to investigate the experience explore the experience of virginity testing of female adolescents in the uThungulu district of KwaZulu-Natal. A qualitative research was conducted to explore and describe the experiences of female adolescents on virginity testing. In-depth phenomenological interviews were conducted on 18 participants during data collection. Proponents of virginity testing believe that virginity testing is a traditional practice that can assist in reducing HIV infection and teenage pregnancy amongst the youth. On the other hand, opponents of virginity testing strongly believe that the practice of virginity testing interferes with human rights and Constitutional prescripts that protect the rights to equity, privacy, bodily integrity and sexual autonomy of young women. The study found that participants had only positive experiences of the practice of virginity testing and none expressed having any negative experiences. The findings also confirmed that virginity testing is being done irrespective of different opinions from different scholars and experts on the subject. Little knowledge about the Children’s Act and the Commission for Rights of Cultural and Linguistic communities was observed.
Health Studies
M.P.H.