Relevant bibliographies by topics / Children's Act (Act 38 of 2005)

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Academic literature on the topic 'Children's Act (Act 38 of 2005)'

Author: Grafiati
Published: 4 June 2021
Last updated: 13 February 2022

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Journal articles on the topic "Children's Act (Act 38 of 2005)"

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Heaton, Jacqueline. "Notes on the Proposed Amendment of Section 21 of the Children's Act 38 of 2005." Potchefstroom Electronic Law Journal 22 (September 3, 2019): 1–21. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a5974.

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In terms of section 21 of the Children's Act 38 of 2005, an unmarried father acquires full parental responsibilities and rights in respect of his child if he lives with the child's mother in a permanent life-partnership when the child is born. He also acquires full parental responsibilities and rights if, regardless of whether or not he has ever lived with the child's mother, he consents or successfully applies to be identified as the child's father or pays damages in terms of customary law, and contributes or attempts in good faith to contribute to the child's upbringing and maintenance for a
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Büchner-Eveleigh, Mariana, and Annelize Nienaber. "Gesondheidsorg vir Kinders: Voldoen Suid-Afrikaanse Wetgewing Aan die Land se Verpligtinge Ingevolge die Konvensie Oor die Regte van die Kind en die Grondwet?" Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 1 (2017): 102. http://dx.doi.org/10.17159/1727-3781/2012/v15i1a2459.

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Included in the Convention on the Rights of the Child, 1989 (UN Children's Convention) is the right of children to the highest attainable standard of health. In terms of article 4 of the UN Children's Convention, in implementing the UN Children's Convention state parties must "undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognised in the present Convention". South Africa showed its commitment to protecting and promoting children's health when it ratified the UN Children's Convention and subsequently adopted the Constitution of
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Kruger, Hanneretha. "The Protection of Children's Right to Self-Determination in South African Law with Specific Reference to Medical Treatment and Operations." Potchefstroom Electronic Law Journal 21 (October 15, 2018): 1–34. http://dx.doi.org/10.17159/1727-3781/2018/v21i0a4609.

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The Children's Act 38 of 2005 provides that children over the age of 12 years can consent to their own medical treatment or that of their children, provided they are of sufficient maturity and have the mental capacity to understand the benefits, risks, social and other implications of the treatment (section 129(2)). The predecessor of the Children's Act set the age at which children could consent to medical treatment at 14 years, and no maturity assessment was required (Child Care Act 74 of 1983 section 39(4)). Children over the age of 12 years can consent to the performance of surgical operat
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Pillay, Basil J., and Jerome A. Singh. "‘Mental capacity’, ‘sufficient maturity’, and ‘capable of understanding’ in relation to children: how should health professionals interpret these terms?" South African Journal of Psychology 48, no. 4 (2017): 538–52. http://dx.doi.org/10.1177/0081246317747148.

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South Africa’s Children’s Act 38 of 2005 requires health professionals to determine whether a child possesses ‘sufficient maturity’ and ‘mental capacity’ to make decisions about themselves in relation to surgery, treatment, and HIV testing. Similarly, the National Health Act 61 of 2003 requires a child to be ‘capable of understanding’ to provide informed consent in research. However, neither the Children’s Act nor the National Health Act defines these terms. Moreover, there is no common definition of ‘sufficient maturity’ among healthcare professionals in South Africa. Appreciating how foreign
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Couzens, Ed. "A very long engagement: The Children's Act 38 of 2005 and the 1993 Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 12, no. 1 (2017): 53. http://dx.doi.org/10.17159/1727-3781/2009/v12i1a2720.

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This article analyses the intercountry adoptions provisions contained in Chapter 16 of the Children’s Act 38 of 2005, against the standards of the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoptions, 1993. After a brief overview of the two leading South African cases on intercountry adoption, which stress the importance of having this institution statutorily regulated, the author proceeds to analyse the most significant clauses pertaining to intercountry adoptions contained in the Act, in order to identify the strengths and weaknesses in this new
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Kruger, Hester B., and Hennie Oosthuizen. "South Africa – Safe Haven for Human Traffickers? Employing the Arsenal of Existing Law to Combat Human Trafficking." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 1 (2017): 282. http://dx.doi.org/10.17159/1727-3781/2012/v15i1a2466.

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Having ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, South Africa is obliged to adopt legislative measures that criminalise human trafficking and comply with other standards laid down in this international instrument. However, by mid-2011, South Africa had not enacted the required comprehensive counter-trafficking legislation. The question that now arises is if the absence of such anti-trafficking legislation poses an insurmountable obstacle to the prosecution of traffickers for trafficking-related activities. In asking this questi
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Basson, Yvette. "Selected Developments in South African Labour Legislation related to Persons with Disabilities." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 20 (May 25, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a1216.

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In South Africa marginalised groups have historically been afforded legislative protection in order to ensure that the rights of these groups are respected, protected, promoted and fulfilled. Examples of two such groups are older persons, whose rights are provided for in terms of the Older Persons Act 13 of 2006 and children, whose rights are provided for in terms of the Children's Act 38 of 2005. Persons with disabilities have, however, not yet been the subject of dedicated legislation outlining the content of the rights to which they are entitled. As a result of this lack of dedicated legisl
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Spijker, Arda, and Madelene De Jong. "Family Conferencing: Responsibility at Grassroots Level – A Comparative Analysis between the Netherlands and South Africa." Potchefstroom Electronic Law Journal 24 (April 22, 2021): 1–32. http://dx.doi.org/10.17159/1727-3781/2021/v24i0a9325.

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As family group conferencing is gaining world-wide recognition as an alternative dispute resolution process, this article aims to outline the origin and relevance of this process, which promotes solution-finding to family problems by the family themselves and/or the social network and usually results in a plan or agreement that will be implemented collaboratively by the people involved. Although it was originally used in child protection matters, the process is now used for a wide range of problems pertaining to families and individual family members, including divorce matters, the illness or
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Olusegun Olaitan Oluwaseyi and Olatawura Oladimeji. "Surrogacy Agreements and the Rights of Children in Nigeria and South Africa." Obiter 42, no. 1 (2021): 20–38. http://dx.doi.org/10.17159/obiter.v42i1.11054.

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Surrogacy agreements help to provide children for persons who cannot achieve conception or carry a child to term themselves. This practice has improved several lives over the years but can also be exploitative for some parties involved, if not adequately regulated.Using the doctrinal research method, this study discusses the rights of children in surrogacy agreements and examines the regulation of the practice in Nigeria and South Africa. This study found that a comprehensive framework regulating surrogacy agreements is lacking in Nigeria, while the practice is regulated in South Africa under
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Ferreira, S., and CJ Pretorius. "Interpretation of a Trust Deed – Harvey v Crawford 2019 (2) SA 153 (SCA)." Obiter 41, no. 2 (2020): 447–60. http://dx.doi.org/10.17159/obiter.v41i2.9165.

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Recently, in Harvey v Crawford (2019 (2) SA 153 (SCA)) (Harvey), the Supreme Court of Appeal had to consider whether the adopted grandchildren of a trust donor were beneficiaries in terms of a notarially executed deed of trust. Presently, an adopted child is for all purposes regarded as the child of the adoptive parent, and an adoptive parent is for all purposes regarded as the parent of the adopted child (s 242(3) of the Children’s Act 38 of 2005) (the Children’s Act)). This was also the case in 1953, when the deed of trust in Harvey was executed and when the Children’s Act 31 of 1937 (the 19
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Dissertations / Theses on the topic "Children's Act (Act 38 of 2005)"

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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.

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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
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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.

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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
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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.

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Includes bibliographical references (p. 82-86).<br>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 the
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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.

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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
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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.

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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 servi
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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.

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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 th
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De, Bruin David Wegeling. "Child participation and representation in legal matters." Thesis, University of Pretoria, 2010. http://hdl.handle.net/2263/27414.

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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
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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 pertain
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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.

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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/.

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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, impor
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Books on the topic "Children's Act (Act 38 of 2005)"

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Children's Act, 2005. Government Printer, 2005.

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India. The Commissions for Protection of Child Rights Act, 2005 (No. 4 of 2006). Controller of Publications, 2006.

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Raha, Swagata. Manual for Commissions for Protection of Child Rights: How to implement the Commissions for Protection of Child Rights Act, 2005. Centre for Child and Law, National Law School of India University, 2012.

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Children's Safety Act of 2005: Report of the Committee on the Judiciary, House of Representatives, to accompany H.R. 3132 together with dissenting views. U.S. G.P.O., 2005.

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United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Health. Legislative hearing on miscellaneous public health legislation, H.R. 1852, Children's Hospital GME Support Reauthorization Act of 2011, and H.R. 2005, Combating Autism Reauthorization Act of 2011: Hearing before the Subcommittee on Health of the Committee on Energy and Commerce, House of Representatives, One Hundred Twelfth Congress, first session, July 11, 2011. U.S. Government Printing Office, 2012.

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Adoption and Children Act 2002: Elizabeth II. 2002. Chapter 38. Stationery Office, 2002.

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House, United States Congress, ed. CHILDREN'S SAFETY ACT OF 2005... REPORT... REPORT 109-218, PART 1... U.S. CONGRESS, 109TH CONGRESS, 1ST SESSION. s.n., 2005.

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House, United States Congress, ed. CHILDREN'S SAFETY ACT OF 2005... SUPPLEMENTAL REPORT... REPORT 109-218, PART 2... U.S. CONGRESS, 109TH CONGRESS, 1ST SESSION. s.n., 2005.

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Gilmore, Stephen, and Lisa Glennon. Hayes & Williams' Family Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811862.001.0001.

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Hayes and Williams’ Family Law, now in its sixth edition, provides critical and case-focused discussion of the key legislation and debates affecting adults and children. The volume takes a critical approach to the subject and includes ‘talking points’ and focused ‘discussion questions’ throughout each chapter which highlight areas of debate or controversy. The introductory chapter within this edition provides a discussion of the law’s understanding of ‘family’ and the extent to which this has changed over time, a detailed overview of the meaning of private and family life within Article 8 of t
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Book chapters on the topic "Children's Act (Act 38 of 2005)"

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"Adoption and Children Act 2002 ch 38." In Statutes on the Conflict of Laws. Bloomsbury Publishing Plc, 2015. http://dx.doi.org/10.5040/9781509900503.ch-065.

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Conference papers on the topic "Children's Act (Act 38 of 2005)"

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Lee, J. H., S. Sarkar, S. Pinel, J. Papapolymerou, J. Laskar, and M. M. Tentzeris. "3D-SOP Millimeter-Wave Functions for High Data Rate Wireless Systems Using LTCC and LCP Technologies." In ASME 2005 Pacific Rim Technical Conference and Exhibition on Integration and Packaging of MEMS, NEMS, and Electronic Systems collocated with the ASME 2005 Heat Transfer Summer Conference. ASMEDC, 2005. http://dx.doi.org/10.1115/ipack2005-73127.

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In this paper, the development of three-dimensional (3-D) millimeter-wave functions in multilayer low temperature cofired ceramic (LTCC) and liquid crystal polymer (LCP) technologies is presented for millimeter-wave compact and easy-to-design passive solutions for high data rate wireless systems. Both ceramic and organic technologies are candidates for the 3-D integration of system-on-package (SOP) miniaturized RF/microwave/millimeter-wave systems. LTCC has been widely used as a packaging material because of its process maturity/stability and its relatively high dielectric constant that enable
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