Relevant bibliographies by topics / Children's rights. South Africa

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
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Academic literature on the topic 'Children's rights. South Africa'

Author: Grafiati
Published: 4 June 2021
Last updated: 10 March 2023

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Journal articles on the topic "Children's rights. South Africa"

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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 (May 22, 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 the Republic of South Africa, 1996, which includes provisions guaranteeing the health rights of children. South Africa also showed commitment to giving legislative effect to the protection and promotion of children's health by promulgating the National Health Act 61 of 2003, the Children's Act 38 of 2005 and the Mental Health Care Act 17 of 2002. The article evaluates existing policy and legislation affecting child health in order to assess how well South African legislation addresses the issue of children's healthcare rights and whether or not it complies with its international law and constitutional obligations in this regard. The article concludes that although much legislation exists, none provides comprehensively for children's healthcare rights, and there are many gaps in existing legislation. Most importantly, there is no reference to the core minimum requirements for the state in providing for the health of children, particularly in the way of healthcare services and nutrition. Further, there is a complete lack of legislation which protects the health needs of children with disabilities. In order to ensure that the health rights of children are protected and promoted, we propose more comprehensive legislative protection.
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Yates, Hannelie, and Ignatius Swart. "The Rights of Children: A New Agenda For Practical Theology in South Africa." Religion and Theology 13, no. 3-4 (2006): 314–40. http://dx.doi.org/10.1163/157430106779024635.

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AbstractThe aim of this article is to give prominence to the rights of children as a new agenda for Practical Theology in South Africa. Adopting a distinctly contextual approach, the article takes a critical look at the problematic situation of children in present-day South Africa and then focuses attention on the emergence of a children's rights agenda, both internationally and in South African society. A discussion of these aspects leads the authors to address pertinently the issue of Christian theology's complementary role in the children's rights agenda, which, however, is problematised in the light of theology's one-sided and limited involvement thus far in the issue of children. It is argued that a practical theological paradigm – in which a praxis of liberation, change and transformation is of prime importance – should reflect an active involvement in the children's rights agenda. In the light of the special realities of South African society, the importance of meeting distinct contextual and hermeneutical challenges is stated as condition for an effective practical theological involvement in the problematics of the rights of children.
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Robinson, JA. "Children's rights in the South African Constitution." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 6, no. 1 (July 10, 2017): 21. http://dx.doi.org/10.17159/1727-3781/2003/v6i1a2858.

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Children were in many respects defenceless victims of discriminatory practices in ‘apartheid South Africa’. In fact, discrimination on the basis of gender, race and other inequalities were inscribed in the social fabric of the previous constitutional dispensation. The constitutional dispensation that came into effect on the 27th April 1994 was therefore designed to innovate social, political and legal structures that would be radically different from those of the country’s past history. In this contribution the impact of the Constitution upon the rights of children are considered. In order to fathom the impact. a general overview of constitutional principles and provisions necessary for the comprehension of the rights of children is provided. Thereafter the rights of children expressly mentioned in the Constitution will be addressed. Attention is also paid to the equal protection and nondiscrimination provisions of the Constitution, albeit only indirectly.
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Couzens, Meda. "Exploring public participation as a vehicle for child participation in governance: A view from South Africa." International Journal of Children’s Rights 20, no. 4 (2012): 674–704. http://dx.doi.org/10.1163/157181812x634210.

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Systematic child participation in governance decision-making has been slow to develop, and full realisation of the rights protected in Art. 12(1) of the Convention on the Rights of the Child, lags behind. This article explores alternative avenues for realising children's participation in governance, by analysing the legal protection of non-electoral forms of public participation, internationally as well as nationally in South Africa. The author provides a case study of the South African law, which arguably supports the inclusion of children's views in governance processes, through their involvement in public participation.
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Songca, Rushiella. "The Africanisation of Children's Rights in South Africa: Quo Vadis?" International Journal of African Renaissance Studies - Multi-, Inter- and Transdisciplinarity 13, no. 1 (January 2, 2018): 77–95. http://dx.doi.org/10.1080/18186874.2018.1482043.

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Chadbourne, Julie Dror. "Voices of the Youth: a South African youth perspective of juvenile justice." Journal of African Law 42, no. 1 (1998): 12–36. http://dx.doi.org/10.1017/s0021855300010470.

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It is in this spirit that the Voices of the Youth Project was created. At the dawn of a new South Africa, there will for the first time be a Juvenile Justice system. Child advocates across South Africa have been working in tandem with the South African government to create a workable Juvenile Justice system. In doing so, children's rights activists have sought input from advocates the world over, from philosophers, criminologists, and social workers, from teachers, economists, and volunteers, and, finally, from the children.
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Goldstein, Susan, Aadielah Anderson, Shereen Usdin, and Garth Japhet. "Soul Buddyz: A Children's Rights Mass Media Campaign in South Africa." Health and Human Rights 5, no. 2 (2001): 163. http://dx.doi.org/10.2307/4065370.

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Mayekiso, Thokozile, and Calvin Gwandure. "Promoting children's public participation in South Africa: A social systems control perspective." International Journal of Children's Rights 19, no. 2 (2011): 233–50. http://dx.doi.org/10.1163/157181810x525240.

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AbstractThe paper explores the theoretical application of the social systems control concept derived from Rotter's social learning theory to the promotion of children's public participation in South Africa. The paper describes social systems control concepts and strategies that educators could use to promote children's public participation at individual and institutional levels. The paper argues that if children were empowered through social systems control training programmes, they would be able to know, seek, and articulate children's public participation. It is envisaged that exposure of children to social systems control concepts in the educational system may result in children working for the promotion of children's rights in all social spheres in South Africa. Directions for future research can focus on the need to promote children's public participation through social systems control training programmes.
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Couzens, Meda. "Procurement Adjudication and the Rights of Children: Freedom Stationery (Pty) Ltd v MEC for Education, Eastern Cape 2011 JOL 26927 (E)." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 1 (May 22, 2017): 391. http://dx.doi.org/10.17159/1727-3781/2012/v15i1a2469.

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Children are heavily reliant on the services provided by the government and irregularities in public procurement processes are bound to affect the realisation of children's rights. In the Freedom Stationery (Pty) Ltd v The Member of the Executive Council for Education, Eastern Cape the Court was urged by the Centre for Child Law acting as an amicus curiae to consider children's right to education and their best interests when deciding on an interim interdict which would result in a delay in the provision of stationery to several schools in the Eastern Cape. This case note contains a summary of the case, some comments on the court's approach to the rights of children in procurement adjudication, and an assessment of the significance of the case for the development of children's rights in South Africa.
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Sloth-Nielsen, Julia, and Helen Kruuse. "A maturing manifesto: The constitutionalisation of children’s rights in South African jurisprudence 2007-2012." International Journal of Children’s Rights 21, no. 4 (2013): 646–78. http://dx.doi.org/10.1163/15718182-02102005.

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This article represents the next in a series of five-year overviews of children’s rights in the courts in South Africa. Using the Convention on the Rights of the Child and the African Charter on the Welfare of Children as a point of departure, the study suggests that it is in the public sphere that children’s rights have had their most impact in the period under review. The article highlights eight areas of distinction in this five-year period: these include judicial approval of resource mobilisation for the fulfilment of children’s rights, emphasis on the quality of and standards in education; the development of innovative remedies to deal with unreasonable state measures affecting children, and an increasing focus on the right to dignity of the child. The authors conclude that the scope of the cases cited points to the growing insertion of children’s rights considerations in increasingly diverse areas of legal interaction. Furthermore, the authors posit that the CRC and ACRWC – together with non-binding sources of international law – have substantively informed and enriched the jurisprudence of South African courts.
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Dissertations / Theses on the topic "Children's rights. South Africa"

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Chetty, Kasturi. "The interaction of children's rights, education rights and freedom of religion in South African schools." Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1020864.

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This study examines the topic of the interaction of children’s rights, education rights and freedom of religion in South African schools from a legal perspective. It comprises of a discussion on the historical development of religion in South African schools; South Africa’s international obligations with regards to children’s rights, education rights and freedom of religion and the South African substantive law pertaining to children rights, education and freedom of religion as impacting on legal issues pertaining to religion in schools. The study utilises a desktop approach, which comprises of a wide range of legal and other literary sources, international instruments, statutes and case law on children’s rights, education rights and freedom of religion. Importantly, it highlights the integral connection between these aforementioned rights when dealing with issues pertaining to religion in schools. This thesis illustrates that much of the historical development of religion in schools took place without consideration of children’s rights, or more particularly, the best interests of the learners. Instead, (a particular brand of) religious beliefs were promoted in education above other religions and the well-being of school-children. Furthermore, despite the introduction of specific children’s rights into the Constitution, this thesis emphasises that the rights of children have still not been recognised sufficiently in education laws and policies. It is submitted that children’s rights have a paramount and practical role to play in matters pertaining to religion in South African schools. Consequently, it is recommended that children’s rights, more particularly the best interests of the child principle, should be expressly introduced into education legislation and policies. This will create legal obligations for school administrators and SGBs on the inclusion of children’s rights in religious exemption procedures. Furthermore, it is recommended that national guidelines on religious/cultural exemptions (which incorporate children’s rights) be developed which will set legal parameters for the handling of religious/cultural exemption procedures in schools. This thesis also argues against the interpretation that the right to establish private schools includes the right to require religious conformity from non-adherent learners by way of a complete waiver of their religious freedom. Despite the importance of respecting the right of religious communities to protect and preserve their faith in private schools, it is submitted that this right cannot be exercised without regard for the religious freedom, dignity and best interests of non-adherent children. As a result, it is submitted that the waiver of the freedom of religion of non-adherent children is not consistent with the values which South African society reveres and therefore cannot be enforced. This thesis suggests that there is a way for the rights of private schools and the rights of non-adherent children to co-exist in harmony through the application of the reasonable accommodation principle in private schools. Reasonable accommodation of different faiths teaches religious tolerance to leaners in private schools and ensures that they are prepared to grapple with the religious diversity that they will inevitably face outside of the school environment. It is submitted that the enforcement of reasonable accommodation in private schools is to the benefit of all learners in private schools and to South African society in general. Moreover, this study questions and analyses the state’s provision of compulsory religion education in public schools through the National Policy on Religion and Education. A theoretical distinction is made between religion education and religious instruction in the National Policy itself. Religious instruction refers to the teaching of specific religious beliefs. Religion education refers to the teaching about different religions and worldviews from an academic perspective. It is submitted that the National Policy is correct in removing religious instruction from public schools as this would not be in accordance with freedom of religion or equality rights of learners who are not of the majority faith. It is submitted further that, although the provision of compulsory religion education in public schools impacts upon the freedom of religion of learners and their parents, (if taught correctly) it is a reasonable and justifiable limitation on freedom of religion in that it pursues the legitimate state goal of nation-building through the teaching of religious tolerance and “celebrating diversity” in schools. In light of South Africa’s history of religious discrimination, it must be recognised that the current position (although not problem- free) is a significant step forward in the protection of minority religious rights in South African schools. Despite this, it is submitted that there are numerous problems with the implementation of the National Policy that impact upon the dignity, equality and other rights of the learners concerned. These problems cannot be ignored since they impact upon the daily lives of school children. However, many of these problems can be minimised through more effective teacher training in this subject area. Accordingly, this thesis recommends that the current position be maintained as an acceptable compromise between the two extremes of providing religious instruction in one faith and removing religion education from public schools altogether. However, it emphasises that the state has to make a concerted effort to improve teacher training in this subject area in order to ensure that the objectives of the National Policy are carried out as envisaged. Furthermore, this thesis finds that certain provisions of the National Policy contain not only educational goals, but spiritual goals. Also in some instances, it is difficult to determine whether the religion education curriculum borders on being religious or not. In accordance with freedom of religion, it is submitted that the line between religion education and religious instruction must be clearly drawn in law and in practice. Consequently, the state must reconsider the National Policy and the corresponding religion education curriculum to ensure that they are aligned with the objectives of nation-building in all respects, meaning that any provisions or learning outcomes which have purely spiritual goals- must be amended or removed.
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Mapapu, Ntombizodidi Jenniffer. "Child sex tourism in South Africa: A children's rights perspective." University of the Western Cape, 2016. http://hdl.handle.net/11394/6103.

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Master of Arts
In the words of Najat Maall M'jid, former United Nations (UN) Special Rapporteur on the Sale of Children, Child Prostitution and Child Pornography: 'As the world reflects on the universal development goals for the post- 2015 era, bearing in mind the strong connections between economic, social, and political development and child protection issues, childsensitive protection must be included in the Post-2015 Development Agenda..' Three World Congresses against the Sexual Exploitation of Children between 1996 and 2008 convened to specifically address the rapidly advancing Commercial Sexual Exploitation of Children (herein referred to as CSEC). In these conferences global commitments were undertaken by countries partaking, to provide measures to prevent prohibit and protect children from sexual exploitation.
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van, Aardt Linda. "Young children's understanding of their rights and responsibilities in democratic South Africa." Diss., University of Pretoria, 2016. http://hdl.handle.net/2263/60986.

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The driving force for this study was firstly to gain insight into young children's understanding of their rights and responsibilities in democratic South Africa. Secondly, to identify whether the participating learners were educated about and had insight into their rights and responsibilities. Thirdly, I explored gaps in participating learners' knowledge of their rights and responsibilities and determined areas that can be improved by the education policy and practice related to children's rights. The main purpose of this research was to contribute to the growing body of knowledge and in so doing, improve the education of the young child in general. The aim of this research was to assist and guide educators and all adults working with children on all levels to transform education related to the rights and responsibility of the young child. Fourthly, I to give children a voice in society. Empowering them with knowledge could ultimately assist adults working with children to raise strong, well-adjusted learners through knowing and understanding their rights. It was imperative for this study that I closely listen to and heard the participant children's voices. Giving children the opportunity to be heard empowers them to be participating citizens rather than being passive and reliant on others. The right to be heard can be referred to as a self-improving or self-regulating right. Children are knowledgeable regarding their own lives and their rights to self-expression, citizenship and their sense to fit in. Being knowledgeable makes children experts in their life-world. This is why it is very important to know how the South African child understands his or her rights and responsibilities. South Africa became a democracy in 1994. The children in this study live in South Africa and were born into the democracy of South Africa. The participant children were accustomed to living in democratic South Africa and voiced their opinions contextually and accordingly. This research design is of a qualitative nature, utilising case study as a method and took place in the natural environment of the participants where data was collected. Multiple case studies were utilised and viewed from an interpretivist perspective. This enabled the researcher to provide a construct of young children's understanding of their rights and responsibilities in democratic South Africa. The research context was the school grounds as well as the classroom of the participants. Data concerning the understanding that young children have of their rights and responsibilities was gathered through observations, interviews, discussions, artefacts made by the participants, photographs taken by the participants, stories and narratives in the form of text written by the participants and analysed by the researcher. The analysis of visual artefacts was instrumental in gathering data for this study. Data gathering took place in a Grade 3 classroom. The 17 research participants for this study were selected via convenience sampling. I examined the data collected to find and discover young learners' perceptions of their rights and responsibilities. I chose an independent school where the participants had diverse backgrounds regarding language, ability, socio-economic background, race and religion. This independent school had a high standard of education. According to the UNCRC children's ages ranges from birth to 18 years of age. The general age of Grade 3 children is nine years. This is right in the centre of childhood and therefore considered it an appropriate age to obtain an understanding of what the child has come to know and understand as his or her rights and responsibilities. A conceptual framework was developed during this study for children's rights and responsibility. By combining the social constructivist theory, the three p's and the ladder of participation, it assisted me in understanding the phenomenon under study. My findings are that the participant children had a certain amount of insight and possessed promising potential in participating. However, misperceptions occur and inadequate knowledge disappoints children to participate at their full potential. Rights education is crucial, as it will assist our children to understand their rights more clearly in order to become future citizens that will have the ability to participate in democratic processes.
Dissertation (MEd)--University of Pretoria, 2016.
Early Childhood Education
MEd
Unrestricted
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Rutter, Chantal Antonia. "Children on e : a qualitative and quantitative study of children's rights on the e-TV News agenda." Thesis, Stellenbosch : Stellenbosch University, 2005. http://hdl.handle.net/10019.1/50295.

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Thesis (MPhil)--Stellenbosch University, 2005.
ENGLISH ABSTRACT: Television is a powerful tool in the diffusion of information to the masses. It is therefore influential in the way society perceives and responds to children, and in so doing it has an influence on the provision and protection of children's rights. According to international and locally conducted studies children are not high on the media agenda, are seldom given a voice or status, and if they are, issues around them are mostly formulated by adults. This assignment sets out to determine whether the same conclusion can be drawn from South African free-to-air television station e-TV. In particular it seeks to establish whether e- News has been successful in placing children's rights in on the public agenda or whether it has reported on children in an ad hoc manner. Children's human rights issues have been defined in accordance with the United Nation's Children's Rights Charter and the South African Bill of Rights, which makes specific provision for the child/children. This assignment takes its lead from a Media Monitoring Project study. Like the MMP report this research is conducted within a human rights framework and concedes according to Section 28 (2) of the Constitution that "the child's best interests are of paramount importance in every matter concerning the child". The methodology employed in this assignment, while replicating a Media Monitoring Project study, also employs discourse analysis in the form of interviews and questionnaires conducted with e-News members of staff. The methodology was applied to a sample of 71 stories which included reference to a child or children and which were broadcast on e-News Live at 7 and e-News live at 10 between January and August 2004. In brief it was found that the rights to privacy, dignity and freedom of speech were satisfactorily upheld (as per the Bill of Rights), but that issues about children are mostly sourced by and commented on by adults. Furthermore it was found that children's rights do not form an implicit part of the e-News agenda. Given that a human rights framework is normative for e-News, it is recommended that children's rights be placed in context, that stories challenge stereotypes about children and that e- News should consider appointing 'children's correspondents'.
AFRIKAANSE OPSOMMING: Televisie is n' kragtige medium vir die verspreiding van inligting na die samelewing. Om hierdie rede speel televisie n' invloedryke rol op die manier waarop mense met kinders omgaan en dus het dit ook n' groot invloed op die voorsiening en berskerming van kinderregte. Volgens internastionale en plaaslike studies is kinders nie hoog op die media se agenda nie. Hulle word selde status verleen en indien wel, word kwessies wat hulle raak, dikwels deur volwassenes geformuleer. Hierdie opdrag wil bepaal of hierdie gevolgtrekking ook spesifiek betrekking het op die televisiestasie, e-TV. Daar word spesifiek gefokus op e-News se agenda met betrekking tot kinderregte en of dit suksesvol genhandhaaf word of nie. Kindreregte-kwessies is gedefineer soos in die Verenigde Nasies se Handves van Kinderrregte en die Suid-Afrikaanse Hanves van Menseregte wat specifiek focus op voorsiening vir kinders. Hierdie opdrag is volg die voorbeeld van n' verslag van die Media Monitoring Project (MMP). Soos die MMP-verslag word hierdie narvorsing binne n' menseregte-raamwerk gedoen en neem ook artikel 28 (2) van die Suid-Afrikaanse Grondwet in ag, wat stipuleer dat die kind se belange van kardinale belang is asook elke aspek wat die kind betrek. Die metodologie wat in hierdie opdrag gebruik word, repliseer tegelykertyd die MMPstudie en maak gebruik van diskoersanalise in die vorm van onderhoude en vraelyste onder e- News personeellede. Hierdie metodologie maak gebruik van n' steekproefvan 71 nuusstories wat verwys na n' kind/kinders wat tussen Januarie en Augustus 2004 op e-News Live om 19hOO uitgesaai is. Ter opsomming is bevind dat privaatheidsregte, waardigheid en vryheid van spraak van kinders bevredigend benader is. Kwessies wat kinders aanraak word egter meer deur volwassenes aangespreek as deur kinders self. Daar is egter ook bevind dat kinderregte nie n' intergrale deel van e-News agenda vorm me. Gegewe dat n' menseregteraamwerk bye-News toegepas word, word dit aanbeveel dat kinderregte binne konteks geplaas word en dat berigte sal streef daarna om stereotypes oor kinders te verander en dat e-News oorweeg om kinderkorrespndente aan te stel.
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Brink, Ronelle Bonita. "The child accused in the criminal justice system." Thesis, Nelson Mandela Metropolitan University, 2010. http://hdl.handle.net/10948/1229.

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The high level of crime in South Africa raises the question about the failures of the criminal justice system on the one hand, and South Africa’s social policies on the other. Young people in South Africa can disproportionately be both victims and perpetrators of crime in the Republic of South Africa. The child accused in conflict with the law is dealt with in much the same way as their adult counterparts, as the criminal justice system was designed by adults for adults. South Africa became a signatory to the United Nations Convention on the Rights of the Child 19891(hereinafter referred to as UNCRC) on 16 June 1995. The UNCRC provides a backdrop to section 28 of the Constitution of the Republic of South Africa Act.2 Article 3(1) of the UNCRC provides as follows: “in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be primary consideration.” South Africa is therefore according to article 40(3) of the UNCRC obliged to “establish laws, procedures, authorities and institutions specifically applicable to children in conflict with the law”.3 In terms of article 40(1) of the UNCRC “State Parties recognise the right of every child alleged as, accused of, or recognised as having infringed the penal law to be treated in a manner consistent with the promotion of the child’s sense of dignity and worth, which reinforces the child’s respect for the human rights and fundamental freedoms of others and which takes into account the child’s age and the desirability of promoting the child’s reintegration and the child’s assuming a constructive role in society.”4 1 Adopted by the General Assembly resolution 44/25 on 20 November 1989. 2 The Constitution of the Republic of South Africa Act, Act 108 of 1996. Hereinafter referred to as the “Constitution”. 3 South Law Reform Commission Discussion Paper 96. 4 United Nations Convention on the Rights of the Child adopted by the General Assembly resolution 44/25 on 20 November 1989. iv Synopsis 2003 states that “the Ratification of the UNCRC by the South African government in 1995 set the scene for broad-reaching policy and legislative change”.5 The Constitution includes a section protecting children’s rights, which includes the statement that children have the right not to be detained except as a measure of last resort and then for the shortest appropriate period of time, separate from adults and in conditions that take account of his/her age. 6 After being off Parliament’s agenda since 2003, the Child Justice Act7 has recently been reintroduced. The Act aims to ensure consistent, fair and appropriate treatment of the child accused in conflict with the law. The question arises whether the South African Criminal Justice system involving the child accused adequately recognises and protects the interests of the child accused, particularly in view of the present international legal position.
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September, Jerome. "Children's rights and child labour: a comparative study of children's rights and child labour legislation in South Africa, Brazil and India." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/9175.

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This dissertation will, through the analysis of various pieces of legislation and taking account of the daily realities of children in South Africa, Brazil and India (IBSA), outline the progress made to reduce and eradicate the exploitation of children, through the elimination of child labour. These three countries are chosen because of the particular challenges they face, but also because as part of the IBSA group, they have committed themselves to working together in the advancement of key international matters, including issues of human rights and social justice. The India, Brazil and South Africa (IBSA) group has further recently been held up as a global example for the efforts made by nations in the elimination of the worst forms child labour. The ultimate goal is the total elimination of child labour. This dissertation will draw attention to the complexities and contradictions in policy and practice, with particular reference to concepts such as ‘Child Labour’ and the ‘Worst Forms of Child Labour’. This dissertation will compare [the experience of] childhood in these countries, and explore the risk factors that place particular children, and families, at risk of utilising child labour as a source of income.
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Phasha, Comfort Raisibe. "Critical reflection of the application of 'reasonable chastisement' in South Africa : a case analysis of Freedom of Religion South Africa v Minister of Justice and Constitutional development." Diss., University of Pretoria, 2020. http://hdl.handle.net/2263/76926.

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In Christian Education South Africa v Minister of Education, the Constitutional Court upheld the law that prohibited the use of corporal punishment in schools. The decision was primarily premised on protecting children against all forms of violence from a public source. Recently, the same Court in Freedom of Religion South Africa v Minister of Justice and Constitutional Development and Others has abolished the defence of reasonable chastisement that was available at common law to parents when administering corporal punishment to discipline recalcitrant children. The effect of the decision is that parents no longer have a defence if they are charged with Assault as a result of Corporal Punishment. The decision has far-reaching consequences as; on the one hand, it unfairly curtails parents’ rights of discipline against their children and seeks to dictate to parents on how to discipline their children. On the other hand, the decision places the rights of children as being of paramount importance in every matter concerning the child. The study employs the doctrinal method which is “desktop-based”, and uses primary and secondary sources, such as case law, statutes, articles and books. The findings of this study are that the defence of reasonable chastisement infringes on the rights of children afforded to them by both the Constitutional law and international instrument. Outlawing Corporal Punishment serves as a great step towards fighting the battle of domestic violence. The Constitutional Court Judgment is not the end of it all; parents must be taught of other alternative way to disciples children. It is of crux to note that discipline is the essential part of parenting and it will be detrimental to raise children without discipline.
Mini Dissertation(LLM (Child Law))--University of Pretoria 2020.
Centre for Child Law
LLM (Child Law)
Unrestricted
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Govender, Mahalingum. "Balancing the educator's rights to fair labour practices and to strike with the right to education." Thesis, Nelson Mandela Metropolitan University, 2011. http://hdl.handle.net/10948/1565.

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This treatise investigates the potential for law (including courts and tribunals) to intervene and act as a lever for the protection and advancement of the rights of the child including the right to basic education. The dissertation critically explores the debate on the educator‟s right to strike and fair labour practices and the child‟s right to education, by assessing the rights and liberties, which accrue to educators and the child (learners) in terms of existing law. The South African Constitution has made specific provision for the protection of the rights of children and the rights of educators and these rights are fundamental to the development of a society in transition. The vexed question that arises is whether these rights can co-exist in a society that has inherited a legacy of discrimination and inequality. The consequences of this legacy have resulted in the rights of educators competing with those of learners. The normalisation of the balance of these opposite rights is the challenge that lies ahead and this process will require intervention of all stakeholders rather than purely legislative intervention. This dissertation recommends a consensus-based approach, which is the most appropriate solution to balance the rights of educators with this of the child‟s right to education, as opposed to a declaration of the education sector as an essential service. It further proposes the establishment of a more structured and organised forum / institution and its sole purpose would be to deal with the individual or collective rights of educators that compete with the rights of learners.
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Kassan, Daksha Gaman. "How can the voice of the child be adequately heard in family law proceedings." Thesis, University of the Western Cape, 2004. http://etd.uwc.ac.za/index.php?module=etd&amp.

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Child participation and the right of children to be heard in matters that directly affect them, including in judicial and administrative matters, is a right that is entrenched in a number of international and regional instruments. This right is also entrenched in the South African Constitution that provides for children to be legally represented, at State expense, in civil proceedings affecting them and this includes divorce proceedings. However, this constitutional right is limited to those circumstances where a substantial injustice would otherwise result should such legal representation not be afforded. This thesis examined how the voices of children can be heard during divorce proceedings and makes recommendations as to when children involved in divorce proceedings should be granted legal representation at State expense.
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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 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.
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Books on the topic "Children's rights. South Africa"

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Torture, World Organisation Against, and United Nations. Committee on the Rights of the Child, eds. Rights of the child in South Africa. Geneva: OMCT, 2000.

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Veriava, Faranaaz. Basic education rights handbook: Education rights in South Africa. Braamfontein, Johannesburg: SECTION27, 2017.

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Boyane, Tshehla, ed. Child justice in South Africa. Pretoria, South Africa: Institute for Security Studies, 2008.

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J, Davel C., ed. Introduction to child law in South Africa. Lansdowne: Juta Law, 2000.

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Child law in South Africa. Claremont [South Africa]: Juta, 2009.

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Knutsson, Karl Eric. Supporting the movement for children's rights and development in South Africa. [Johannesburg] (PO Box 10332, Johannesburg 2000): UNICEF South Africa, 1998.

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Erika, Coetzee, Streak Judith, and Institute for Democracy in South Africa., eds. Monitoring child socio-economic rights in South Africa: Achievements and challenges. Cape Town: IDASA, 2004.

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National Programme of Action for Children in South Africa., ed. Convention on the Rights of the Child: Initial country report South Africa. [Pretoria]: Government of National Unity, South Africa, 1997.

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Towards an enabling environment for youth and child rights CSOs: A synthesis report : (Kenya, South Africa, Swaziland and Tanzania). Nairobi, Kenya: The Reality of Aid Africa Network, 2016.

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United Methodist Church (U.S.), ed. Children under apartheid: A report to the United Methodist Church on conditions facing children in South Africa. Brooklyn, NY: Defense for Children International-USA, 1987.

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Book chapters on the topic "Children's rights. South Africa"

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Cook, Philip, and Lesley du Toit. "Circles of Care: Community-Based Child Protection in South Africa." In Children's Rights and International Development, 269–92. New York: Palgrave Macmillan US, 2011. http://dx.doi.org/10.1057/9780230119253_13.

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Eloff, Irma, and Daniël J. Eloff. "Children’s Rights and Participation in School in South Africa." In Re-defining Children’s Participation in the Countries of the South, 67–78. Berlin, Heidelberg: Springer Berlin Heidelberg, 2022. http://dx.doi.org/10.1007/978-3-662-64167-5_5.

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Boadu, Evans S., and Friday Alaji. "Evaluating the Rights of Children and Young People in Africa: The Policies and Practices in South Africa." In Advances in African Economic, Social and Political Development, 113–31. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-16313-5_7.

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Etherton, Michael. "Child rights theatre for development with disadvantaged and excluded children in South Asia and Africa." In The Applied Theatre Reader, 272–77. Second edition. | Abingdon, Oxon; New York, NY: Routledge, 2020.: Routledge, 2020. http://dx.doi.org/10.4324/9780429355363-52.

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Corby, Susan, and Pete Burgess. "South Africa." In Adjudicating Employment Rights, 160–74. London: Palgrave Macmillan UK, 2014. http://dx.doi.org/10.1057/9781137269201_10.

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Cornelius, Steve. "South Africa." In TV Rights and Sport, 491–98. The Hague: T.M.C. Asser Press, 2009. http://dx.doi.org/10.1007/978-90-6704-487-5_32.

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Skelton, Ann. "South Africa." In Litigating the Rights of the Child, 13–30. Dordrecht: Springer Netherlands, 2014. http://dx.doi.org/10.1007/978-94-017-9445-9_2.

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Evens, Tom, Petros Iosifidis, and Paul Smith. "South Africa." In The Political Economy of Television Sports Rights, 172–84. London: Palgrave Macmillan UK, 2013. http://dx.doi.org/10.1057/9781137360342_12.

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Beerman, Retha, Aadil Patel, and Faan Coetzee. "20. South Africa." In Transfer of Business and Acquired Employee Rights, 545–75. Berlin, Heidelberg: Springer Berlin Heidelberg, 2016. http://dx.doi.org/10.1007/978-3-662-49007-5_20.

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Oomen, Barbara. "Negotiated Laws, Relational Rights." In Chiefs in South Africa, 200–234. New York: Palgrave Macmillan US, 2005. http://dx.doi.org/10.1007/978-1-137-06460-8_6.

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Conference papers on the topic "Children's rights. South Africa"

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Webb, Susan J., David Ngobeni, Michael Jones, Tamiru Abiye, Madeline Lee, Nirocca Devkurran, Rachael Goba, Darren Burrows, and Louise Pellerin. "Hydrogeophysical investigation for groundwater at the Dayspring Children's Village, South Africa." In SEG Technical Program Expanded Abstracts 2010. Society of Exploration Geophysicists, 2010. http://dx.doi.org/10.1190/1.3513647.

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Pouris, Anastassios, and Anthipi Pouris. "Patents and economic development in South Africa: Managing intellectual property rights." In 2010 IEEE International Conference on Management of Innovation & Technology. IEEE, 2010. http://dx.doi.org/10.1109/icmit.2010.5492924.

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Едреев, Тамерлан Шайх-Магомедович. "COUNTRY DIFFERENCES IN HOUSING RIGHTS: A COMPARATIVE ANALYSIS." In Наука. Исследования. Практика: сборник избранных статей по материалам Международной научной конференции (Санкт-Петербург, Декабрь 2020). Crossref, 2021. http://dx.doi.org/10.37539/srp294.2020.40.38.019.

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Каждый имеет право на жилище. Никто не может быть произвольно лишен жилища. В статье проанализированы особенности реализации универсального права человека на жилище в отдельных странах (на примере Нидерландов и ЮАР), принадлежащих к разным правовым семьям. Everyone has the right to housing. No one can be arbitrarily deprived of their home. The article analyzes the features of the implementation of the universal human right to housing in individual countries (on the example of the Netherlands and South Africa) belonging to different legal families.
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Speelman, S., M. D’Haese, A. Frija, S. Farolfi, and L. D’Haese. "Willingness to pay for water and water rights definition: study among smallholder irrigators in Limpopo province, South Africa." In WATER RESOURCES MANAGEMENT 2009. Southampton, UK: WIT Press, 2009. http://dx.doi.org/10.2495/wrm090311.

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Mohatle, Seabata A. "PREPARING AFRICAN LANGUAGE STUDENT TEACHERS FOR THE WORKPLACE IN SCHOOLS: A STUDY IN SOUTH AFRICA." In International Conference on Education and New Developments. inScience Press, 2022. http://dx.doi.org/10.36315/2022v1end092.

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"There is considerable agreement that learning to teach African Languages (AL) is optimized when coursework learning is combined with quality practice learning experiences in schools. The importance of role of (AL) in teacher education programmes and in children's learning is of paramount importance. This study focuses on the use of the African Language (AL) as the language of learning and teaching (LoLT) and its impact on the language development of (AL) student teachers and AL learners. The main aim of this study was to explore the views of a group of student teachers on their practice learning experiences in a ‘teaching school’ (TS). Against the background of major theories in Home Language (HL) teaching and learning, this topic is contextualized within the South African education system. Through qualitative analysis of a dozen semi-structured interviews, this study identifies the issues that limit the ability of African Language Education (ALE) programmes to prepare student- teachers for teaching in South Africa. Based on the findings, a questionnaire was designed to determine the extent of the impact of student teachers’ limited on African Language Proficiency (ALP). A comparison of teacher and learner written errors was made. The findings of the questionnaire responses are presented. Recommendations are made on how student teachers can improve their teaching approaches to ensure quality AL teacher input and AL learner performance. Qualitative questionnaires and (focus group) data were collected, involving all the student teachers in the programme. The responses to the questionnaire were analysed descriptively. The study was conducted at an urban campus of a South African university."
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Reports on the topic "Children's rights. South Africa"

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Everett, Michael. Reconciliation in South Africa: Addressing Apartheid Era Human Rights Violations. Fort Belvoir, VA: Defense Technical Information Center, January 1999. http://dx.doi.org/10.21236/ada385901.

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Hart, Tim, Mary Wickenden, Stephen Thompson, Yul Derek Davids, Gary Pienaar, Mercy Ngungu, Yamkela Majikijela, et al. Socio-Economic Wellbeing and Human Rights-Related Experiences of People with Disabilities in Covid-19 Times in South Africa. Institute of Development Studies (IDS), January 2022. http://dx.doi.org/10.19088/ids.2022.013.

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During the early months of the global pandemic the international Disability Rights Monitor group survey illustrated the circumstances of persons with disabilities around the world. Gradually literature on the situation for persons with disabilities in sub-Saharan Africa started to emerge. As members of an informal network looking at issues affecting this group, some of the authors of this report realised that much of the research done was not specifically focusing on their perceptions during the pandemic and that it was not using the WG-SS questions. Having noticed a gap in the type of data being collected by other scholars and the media, this small informal network identified a need for a survey that would look at both experiences and perceptions of persons with disabilities focussing on lived experiences of socioeconomic impacts and access to human rights during the pandemic in South Africa. This report summarises some of the key findings of the study, which was conducted on-line using Google Forms from the 1 July to 31 August 2021. All percentages displayed are rounded to the nearest percent and this may affect what is displayed in charts. While we cite some literature in this report, a separate literature review was written by the team, and was used to guide the research and focus the questions.
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Hart, Tim, J. Mary Wickenden, Stephen Thompson, Gary Pienaar, Tinashe Rubaba, and Narnia Bohler-Muller. Literature Review to Support a Survey to Understand the Socio-economic, Wellbeing and Human Rights Related Experiences of People with Disabilities During Covid-19 Lockdown in South Africa. Institute of Development Studies (IDS), February 2022. http://dx.doi.org/10.19088/ids.2022.012.

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COVID-19 pandemic and associated national responses have had ramifications for societies around the world, including South Africa. The marginalisation of people with disabilities is well documented in pre-COVID times, and emerging evidence suggests that the crisis has made this worse, as well as presenting new challenges for people with disabilities. This paper presents a review of published research and grey literature of relevance to the proven or anticipated socio-economic, wellbeing and human right related impacts of COVID-19 on people with disabilities in South Africa and other contexts. Its purpose is to summarise evidence to inform a study on the experiences of South Africans with disabilities during the COVID-19 pandemic and the development of an improved inclusive framework for future management of such crises in South Africa. After a brief introduction, the paper is structured around four main sections. Context is provided by considering COVID-19 and disability both globally and in Africa. Then the literature focused on Humanitarian Disaster Risk Reduction and disability inclusion is discussed. Finally the South African policy and legislation environment on disability and humanitarian action is explored. The review finds that globally there is a limited but growing body of work on COVID-19 and disability. There is a particular dearth of evidence focusing specifically on Africa. The evidence that does exist tends either to be focused on a few particular countries or form part of large global surveys. Much of the global level grey literature published early in the pandemic and subsequently anticipates exacerbated negative experiences for people with disabilities, including exclusion from services, stigma and discrimination and lack of inclusive approaches to relief and support by governments and others. Advisory materials, sometimes focussed on specific subgroups, are generally in agreement about calling for a universally inclusive and disability aware approach to pandemic mitigation across settings and sectors. The limited primary research on COVID-19 and disability is mostly focussed on high income settings and or populations with particular health concerns.
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Michel, Bob, and Tatiana Falcão. Taxing Profits from International Maritime Shipping in Africa: Past, Present and Future of UN Model Article 8 (Alternative B). Institute of Development Studies (IDS), November 2021. http://dx.doi.org/10.19088/ictd.2021.023.

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International maritime shipping is an essential part of global business. Since the establishment of the current international tax regime in the 1920s, there has been a consensus that profits generated by this business are taxable only in the residence state –the state where the shipowners are located. Source states – the port states where business physically takes place – are generally expected to exempt income from international shipping. This standard is currently reflected in Article 8 of the OECD Model and Article 8 (Alternative A) of the UN Model, and is incorporated in the vast majority of bilateral tax treaties currently in force. Exclusive residence state taxation of shipping profits is problematic when the size of mercantile fleets and shipping flows between two states are of unequal size. This is often the case in relations between a developed and developing country. The latter often lack a substantial domestic mercantile fleet, but serve as an important revenue-generating port state for the fleet of the developed country. To come to a more balanced allocation of taxing rights in such a case, a source taxation alternative has been inserted in UN Model Article 8 (Alternative B). From its inception, Article 8B has been labelled impractical due to the lack of guidance on core issues, like sourcing rules and profit allocation. This gap is said to explain the low adoption rate of Article 8B in global tax treaty practice. In reality, tax treaty practice regarding Article 8B is heavily concentrated and flourishing in a handful of countries in South/South-East Asia – Bangladesh, India, Indonesia, Myanmar, Pakistan, the Philippines, Sri Lanka and Thailand. All these countries subject non-resident shipping income to tax in their domestic income tax laws. Except for India, all countries are able to exercise these domestic tax law rules in relation to shipping enterprises located in the biggest shipowner states, either because they have a treaty in place that provides for source taxation or because there is no treaty at all and thus no restriction of domestic law. None of the relevant tax treaties contain a provision that incorporates the exact wording of Article 8B of the UN Model. If other countries, like coastal countries in sub-Saharan Africa, are looking to implement source taxation of maritime shipping income in the future, they are advised to draw on the South/South-East Asian experience. Best practice can be distilled regarding sourcing rule, source tax limitation, profit attribution and method of taxation (on gross or net basis). In addition to technical guidance on tax, the South/South-East Asian experience also provides important general policy considerations countries should take into account when determining whether source taxation of maritime shipping profits is an appropriate target for their future tax treaty negotiations.
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