Dissertations / Theses: '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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Includes bibliographical references.
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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Jonas, Benjamin. "Towards effective implementation of children's rights in Tanzania: lessons and opportunities from Ghana and South Africa." Diss., University of Pretoria, 2006. http://hdl.handle.net/2263/1223.

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"Despite the adoption and wide ratification of the CRC and ACRWC, the miseries identified and intended to be dealt with by the two instruments are still rampant in many parts of the globe. Tanzania, as will be clearly shown in chapter three of this study, is not an exception in this regard. ... Tanzania has ratified both the CRC and ACRWC without reservations. In relation to international law, Tanzania follows a dualist approach. Despite the fact that Tanzania has ratified the two instruments to date, it does not have a specific comprehensive law on children's rights. That notwithstanding, various laws have been enacted, other amended and several programs put in place to protect children from exploitation, and safeguarding their interests. However, these measures have not yielded any feasible results since their adoption. There are still cases of discrimination in respect of girls, children born out of wedlock, non-fulfilment of the principle of best intersts of the child, socio-economic difficulties threatening children's right to life, survival and development of the child; police brutality against street children, the increasing number of children deprived of a family environment, especially AIDS orphans, and an increase in the incidence of child prostitution, early marriages, and various cultural practices which are harmful to children. This study necessitates investigation of the mechanisms which could be adopted, to assist in the successful implementation of children's rights in Tanzania. ... This study, therefore, draws inspirations from the laws and practices on children's rights in Ghana and South Africa and explores the most effective mode of implementation that can ensure the translation of the noble intentions in the two instruments into genuine effective tools for enhancing the well-being of the children in Tanzania." -- Introduction.
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2006.
Prepared under the supervision of Ms. Christine Dowuona-Hammond at the Faculty of Law, University of Ghana, Legon
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM

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Moyo, Precillar. "The relevance of culture and religion to the understanding of children's rights in South Africa." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/4722.

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The aim of this paper is to explore the influence of culture and religion on the rights of the child from a South African perspective. This paper does not engage in a debate about whether children's rights are universal or not. The underlying premise is that children's rights are universal. The paper simply uses the universalism and cultural relativism debate as an entry point to a discussion of children's rights in the South Africa. It will explore the extent to which culture and religion influence and impact the interpretation of children's constitutional rights which are modelled on the CRC. The paper will therefore critically and comparatively consider how South African courts have attempted to reconcile universal norms with historical, cultural and religious peculiarities in defining rights and their resultant effect on children and their welfare.

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Liedeman, Jamie-Lee. "Protecting foreign children within South African borders: an evaluation into unaccompanied and undocumented foreign minors in South Africa." Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/26953.

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The main objective of the study is to investigate which policies are already in place pertaining to unaccompanied, separated and migrant children in South Africa. Children migrate to South Africa from neighbouring countries as Mozambique and Zimbabwe but also from countries as far away as the Democratic Republic of South Africa, without their parents or guardians. South Africa has developed legal and policy measures for securing the rights of children. Are these measures consistent with existing international frameworks and standards? Also, to what extent are these policies being used to resolve the problems unaccompanied children face? Related to this question is the issue of implementation. The thesis considers how the responsible departments and state officials such as Magistrates, social workers, police officials and the Department of Home Affairs implement these policies. This minor dissertation would then make some recommendations to the South African government.

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Sigwanda, Pakama Sylvia. "The effects of the high rate of learner absenteeism in primary schools in Govan Mbeki area." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/20394.

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Since the advent of the democratic dispensation in 1994, the government of South Africa has made significant steps in addressing issues of national concern. One of the major highlights is a Bill of Rights, as stipulated in the South African Constitution, Act 106 of 1996, which states that every child has a right to basic education. However, in spite of compulsory education, an extremely high rate of absenteeism has been noticed in many primary schools of the Eastern Cape Province in the Nelson Mandela Metropolitan region. The purpose of this study was to develop a deeper understanding of the major factors that contribute to absenteeism in the Govan Mbeki area of the Nelson Mandela Metropolitan Region, with the ultimate aim of promoting school attendance among learners. Both quantitative and qualitative approaches were used to collect the data in two schools. Using purposive sampling, two schools in the Govan Mbeki area were identified. These two schools were known to have a high rate of learner absenteeism. In each of the schools – which, in this research, are referred to as school A and school B, 20 parents, 6 teachers and 20 learners (10 per school) were identified as participants. The major findings of this study show that the factors affecting school attendance are interlinked; and, they include – although they are not limited to – bullying, poverty in households, poor teacher-student relationships, a poor learning environment, and the underperformance of the learners, which, in turn, result in disinterested learners. The study recommends a joint engagement of school, homes and the Department of Education to develop mechanisms, which might help both parents and teachers to navigate potential solutions to curb the trend. Furthermore, there needs to be a concerted effort to reduce household poverty and to sensitize teachers of their responsibilities towards their learners.

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Clarke, Sharna-Lee. "Holding South Africa Accountable : A Critique of the Reports Submitted to Treaty Bodies Pertaining to the Rights of Children with Disabilities." University of the Western Cape, 2016. http://hdl.handle.net/11394/5143.

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Magister Legum - LLM
South Africa recently submitted reports to three treaty bodies regarding steps taken over the past two decades to implement the rights of children with disabilities. This study is focused on critically analysing the South African reports submitted to the United Nations Committee on the Rights of the Child (hereinafter referred to as the CRC Committee), the African Committee of Experts on the Rights and Welfare of the Child (hereinafter referred to as the ACERWC) and the Committee on the Rights of Persons with Disabilities (hereinafter referred to as the CRPD Committee) regarding the implementation of the CRC, ACRWC and the CRPD in South Africa. In doing so, the study focuses on all matters pertaining to children with disabilities as well as focusing on particular groups of children with disabilities. This will be done to determine whether or not the State meets the international law obligation of implementing the CRC, ACRWC and the CRPD in South Africa.

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Lubaale, Emma Charlene. "A human rights-based approach to child labour in Africa : challenges and prospects in South Africa." Diss., University of Pretoria, 2011. http://hdl.handle.net/2263/18624.

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Africa reportedly has the highest incidence of child labour in the world. To respond to this problem, some scholars recommend an outright ban on child labour through legislation. In this regard, most African countries, including South Africa (SA), have enacted legislation directed at banning child labour. However, legislation directed at banning child labour may impact negatively on certain fundamental rights of children. This is because child labour is sometimes a source of income for many children who may themselves have ‘dependants’. For instance, for children in desperate need, adherence to laws which have the effect of depriving them of basic necessities including food, housing and water is unrealistic, inadequate and totally ineffective. A notable example is with regard to orphaned children. Taking such children out of employment is counter-productive as they are left with no means of survival. On the other hand, though child labour contributes to the survival of many children and their families in Africa, it impacts negatively on fundamental rights of children. Some of these rights include the right to education, health, leisure, among others. Therefore, regardless of the circumstances that compel children to engage in child labour, it remains a problem that needs to be addressed through appropriate approaches. This study stresses that the approaches adopted need to be cognizant of the diverse circumstances under which children engage in child labour.
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2011.
http://www.chr.up.ac.za/
nf2012
Centre for Human Rights
LLM

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Trägårdh, Jessica. "It is good! It always reminds us that they have rights and we have rights : A study about working with children’s rights in a few preschools in South Africa." Thesis, Högskolan i Borås, Institutionen för Pedagogik, 2009. http://urn.kb.se/resolve?urn=urn:nbn:se:hb:diva-19349.

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BACKGROUND: The rights of the child are a subject that never stops to be of immense significance and import. All people are bearers of human rights yet children are, due to their vulnerability, always subordinated adults. It is therefore of great magnitude that we learn to respect and treat the child with dignity. It is our duty as preschool teachers to implement these rights and to raise the children in a democratic spirit, to achieve this we need to act accordingly. This can sometimes be a complex matter. South Africa has a history of violence and discrimination; nonetheless the country has made substantial progress in these areas. I decided to go and see for myself how the work with children’s rights was coming along. PURPOSE: The main purpose of this study is to find out how a few preschool teachers work with children’s rights in the country of South Africa. I decided to focus on children’s participation and on corporal punishment and the teachers own views on these topics METHOD: This study takes a hermeneutic scientific conduct, through ethnographic research I try to analyze and interpret a few preschool teachers’ views and actions concerning children’s rights. In this field study data was collected through interviews and observations. RESULT: Earlier research and concluding observations say that South Africa is having difficulties in realizing children’s rights in numerous areas. Both the child’s participatory rights and the continuous use of corporal punishment are expressed as concerns. In this thesis I find that teachers are unfamiliar with the UN Convention on the Rights of the Child and that they receive no education or support from the government in these matters. The teachers are however aware of the concept “children’s rights” and they have some understanding of what it is relating to. The teachers states that the work with children’s rights every day and in all activities but no organized situations about this is observed. The child’s possibilities to participate are scares and the teachers are relatively novel towards the involvement of the child. Most teachers consider benefits from corporal punishment and the continuous use is evident.

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Hlophe, Stanley Siphiwe. "The adoption of an inquisitorial model of criminal procedure in court proceedings relating to children." Thesis, Nelson Mandela Metropolitan University, 2011. http://hdl.handle.net/10948/1570.

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In this project the adoption of an inquisitorial model of criminal procedure in court proceedings relating to children is discussed. The traditional characteristics of adversarial and inquisitorial models of criminal procedure, the two models in a South African perspective and problems with the adversarial model are highlighted. That it terrifies and silence young victim and witnesses from giving evidence. The inquisitorial elements present in South African criminal procedure such as in bail proceedings, plea proceedings, powers of the presiding officer to call, recall and examine witnesses, powers of the presiding officer to exclude inadmissible evidence, evidence on sentence, and investigation on unreasonable delay on trials are discussed. The international instruments pertaining to children in conflict with the law and child witnesses are examined, together with their impact in our laws relating to children. The constitutional implications to the rights of children are discussed. The historical background that culminated to the Child Justice Act is highlighted. The Child Justice Act with particular reference to the inquisitorial aspects present in this Act is discussed. The measures that aim to protect child witness present in the Criminal Procedure Act, Criminal law Sexual offences and Related Matters Amendment Act and Children’s Act are highlighted. The conclusion, on the analysis of protective measures protecting children, is that in South African law there is a renewed interest in inquisitorial procedures as an effective means of ensuring justice. The conclusion suggests that adversarial model of criminal procedure is not the best method for our legal system to deal with children.

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Jamieson, Lucy. "Children's political rights: participation in legislative processes in the South African Parliament." Master's thesis, University of Cape Town, 2012. http://hdl.handle.net/11427/12343.

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Includes bibliographical references.
The aim of my study was to measure the extent of children's participation in legislative processes that affect them and examine the factors that facilitate or inhibit such participation.

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Howard, Kepe Mzukisi. "Perceptions of learners and teachers on the alternatives to the alternatives to corporal punishment: a case study of two high schools in King William’s Town Education District in the Eastern Cape." Thesis, University of Fort Hare, 2014. http://hdl.handle.net/10353/d1019741.

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The purpose of the study was to examine the perceptions of learners and teachers on the alternatives to ‘Alternatives to Corporal Punishment’ (ATPC) in particular and discipline generally in the King William’s Town Education District in two high schools. The study ascended as a result of the decline of learner’s discipline in high schools. This study is located in the interpretive paradigm and adopted a qualitative research approach using questionnaires, interviews focus groups and field notes in the collection of data. The Data revealed that schools were using different strategies to maintain learner’s discipline such as Code of Conduct, Disciplinary hearing, Safety and Security Committee, Educators, Corporal Punishment, Alternative methods to Corporal Punishment and the role of parents. It further revealed that the Department of Education is not supportive in the maintenance of discipline in the schools under study in King William’s Town District. The conclusion that was arrived at was that all the stakeholders should agree upon and be acquainted with the Code of Conduct and rules that are guiding the schools. The study came up with the proposal that learners should know the consequences of transgressing the Code of Conduct. To address disciplinary problems, the study came up with the key recommendation that all stakeholders must have ownership and to work as a team in the implementation of those policies.

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Fourie, Melanie. "Prosecuting sexual abuse of children : enhancement of victims rights vs protection of constitutional fair trial rights." Thesis, Stellenbosch : Stellenbosch University, 2005. http://hdl.handle.net/10019.1/50431.

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Thesis (LLM)--Stellenbosch University, 2005.
ENGLISH ABSTRACT: In 2002 the South African Law Commission published a report in which amendments to the existing rules of criminal procedure and evidence were proposed. A number of these recommendations have since been included in a Bill that was tabled before Parliament in 2003. The proposed amendments largely reflect values which underlie the "Victims' Rights" movement. The aim of this thesis is to consider the possible influence of these amendments on the constitutionally guaranteed fair trial rights of the accused. The study focuses on those amendments that play a role in the prosecution of alleged sexual offences against children, and shows that although the recognition of victims' rights is important, it should not be done at the expense of a fair trial. Dangers inherent to the proposed amendments are therefore highlighted. The rights of the accused are used to test the desirability or not of the proposed amendments. Foreign authority is used to support the argument made in the thesis.
AFRIKAANSE OPSOMMING: In 2002 het die Suid-Afrikaanse Regskommissie 'n verslag gepubliseer waann veranderings aan die huidige strafprosesreg- en bewysregreëls voorgestel word. 'n Aantal van hierdie voorgestelde wysigings is intussen opgeneem in 'n Wetsontwerp wat in Augustus 2003 voor die Parlement gedien het. Die voorgestelde wysigings reflekteer tot 'n groot mate waardes wat die "Victims' rights" beweging onderlê. Die doel van hierdie tesis is om die moontlike invloed van hierdie wysigings op die grondwetlik verskanste billike verhoor regte van die beskuldigde te ondersoek. Die ondersoek fokus op daardie veranderinge wat 'n rol speel in die vervolging van beweerde geslagsmisdade teen kinders. Daar word aangetoon dat alhoewel die erkenning van regte vir slagoffers belangrik is, dit nie ten koste van 'n regverdige verhoor gedoen kan word nie. Gevare verbonde aan die voorgestelde wysigings word dus uitgewys. Die regte van die beskuldigde word deurgaans gebruik om die wenslikheid al dan nie van die voorgestelde wysigings aan te toon. Buitelandse gesag word aangewend om die betoog te ondersteun.

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Sutton, Nikeeta Louise Joan. "Statelessness and the rights of Children in Kenya and South Africa: A Human Rights Perspective." University of the Western Cape, 2018. http://hdl.handle.net/11394/6517.

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Magister Legum - LLM
Stateless children and those at risk of becoming stateless has been an ongoing issue both on a domestic level as well as internationally. In many African countries children face discriminatory and arbitrary nationality laws as a result of which they are not registered and granted citizenship in their country of birth or where they are found or undocumented. Thus, children continue to be stateless and will not be able to register their own children once they become parents. As a result, this creates an issue of transgenerational statelessness which will continue indefinitely and as such, requires attention and action both on a domestic and international level as a matter of urgency. While laws have been enacted in the aim to protect stateless children or children at risk of becoming stateless, the lack of guidelines in the implementation thereof creates a difficulty for children to acquire a nationality. States in this regard have the responsibility to create mechanisms to facilitate the implementation of laws especially when dealing with vulnerable groups such as stateless children.

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Van, Baalen Christina Henriëtta. "The rights of refugee children in South Africa / van Baalen C.H." North-West University, 2012. http://hdl.handle.net/10394/8223.

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Refugee children are a specific vulnerable group in the South African society. In terms of the South African Constitution, refugee children are equally entitled to the right to basic nutrition, shelter, basic health care services, and social services in section 28(1)(c) and basic education in section 29(1)(a). It is unclear from jurisprudence whether indigent children under parental or family care have a direct entitlement to these rights. In Government of the Republic of South Africa v Grootboom (2001 1 SA 46 (CC)), the Court only indirectly addressed children’s rights, whereby it reasoned that the parents and/or family of the child bear the primary duty to care for children and the socio–economic rights contained in section 28(1)(c), in so far as it overlapped with the socio–economic rights of parents, cannot be interpreted as giving children an immediate right on demand. In Minister of Health v Treatment Action Campaign and Others (2000 5 SA 703 (CC)), the duty of the state to provide socio–economic rights to children without parents was extended to children not only when they are physically separated from their parents but also when the “implementation of the right to parental or family care is lacking” due to the poverty of the parent. The Court did not conclude that indigent children have a direct, immediate claim to socio–economic rights in terms of section 28(1)(c). In Centre for Child Law and Another v Minister of Home Affairs and Others (2005 6 SA 50 (T)), the Court decided that the state has an “active duty” to provide the basic socio–economic rights to foreign unaccompanied children. The question whether indigent refugee children under parental or family care has a direct, immediate claim to socioeconomic rights remain unclear and the aim of this study is to determine the nature and scope of the socio–economic rights of refugee children under parental care in South Africa. Related to this question is the further problem presented in the context of refugee children, that although refugee children have constitutional rights and these entitlements has been concretised in legislation and policies, the improper execution of most of these legislation and policies, the continued discrimination and exclusion from education and social assistance grants, remains problematic areas that need urgent attention.
Thesis (LLM (Comparative Child Law))--North-West University, Potchefstroom Campus, 2012.

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de, Brito August. "STREET CHILDREN AND THE IMPLEMENTATION OF CHILD PROTECTIONREGULATIONS : COMPARING BRAZIL AND SOUTH AFRICA." Thesis, Linnéuniversitetet, Institutionen för samhällsstudier (SS), 2014. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-37114.

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Children are the group of a society that is most vulnerable to the effects of poverty and inequality.Street children, particularly, could represent the ultimate misfortune of poverty and inequality. The problem is enlarged by the indication that the number of street children around the world isincreasing in pace with increasing social inequality. This study departs from a rights-based approach of research informed by United Nations Convention on the Rights of the Child (CRC). The purpose of this study is to compare Brazil and South Africa in their levels of commitment to children's rights, specifically in making internationaland national laws and regulations widely known and enforced in their respective societies, measured through the knowledge and perceptions of NGO-staff not only as professionals, but also as private citizens. The main data sources used were email-surveys and telephone interviews with NGO-staff, alongside with analysis of the CRC and the national child protection regulations in Brazil and South Africa. The main findings of this study represent a step towards covering some of the gaps in the researchliterature concerning street children. These findings are that Brazil and South Africa do not fully cover the contents of the CRC into their national child protection laws. The other finding regards the fact that Brazilian NGOs working with street children do not make consistent use of the national institutions responsible for the protection of children's rights. South African institutions, on theother hand, do make use of the national institutions responsible for the protection of children's rights.

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Erasmus, Martha Aletta. "An investigation into the realization of children’s rights in South Africa : perceptions of Afrikaans-speaking primary caregivers of children with intellectual disabilities." Diss., University of Pretoria, 2012. http://hdl.handle.net/2263/25680.

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There has been a growing awareness of human rights, specifically children rights, over the past 20 years. Children with intellectual disabilities are often described as a vulnerable group, with limited opportunities to fully participate in society and act as meaningful contributors. Primary caregivers are responsible to act in their child’s best interest and hence their perception of children’s rights is important. The role that they play in their child with disabilities’ life and how they promote their child’s rights, can never be ignored. The main aim of this study was to describe the extent to which Afrikaans-speaking primary caregivers perceive that the basic needs of their children between 8;0 and 14;11 (years;months) with intellectual disabilities are being met, in an attempt to describe their rights as set out by the United Nations Convention on the Rights of the Child (UNCRC). The UNCRC is a widely accepted body of which South Africa is a signatory. Forty-nine participants who met the selection criteria were asked to complete a questionnaire, consisting of biographical information, the Ten Questions Questionnaire (TQQ), and questions related to needs and rights of children with disabilities as set out by the UNCRC. Participants were mostly older, married mothers who had only a Grade 10 or lower qualification. Either themselves or their spouses were in full-time employment, and they were part of the low to middle socio-economic group. Results revealed that the majority of primary caregivers believed that their children with intellectual disabilities understood them when they told their children to do something and could speak and say recognizable words, whilst less than half of the primary caregivers reported that their children’s speech was different from normal. More than half of the primary caregivers indicated that their children learn to do things in the same way as typically developing peers. With regard to different assistive devices, the majority of primary caregivers felt that their children’s needs were met in respect to different assistive devices. This study revealed that primary caregivers most frequently mentioned intangible rights such as self-esteem rights (which included attitudes, acceptance, respect and equality. The study contributed to an improved understanding of Afrikaans-speaking primary caregivers’ perception of their children with intellectual disabilities’ needs as a starting point for claiming their human rights.
Dissertation (MA)--University of Pretoria, 2012.
Centre for Augmentative and Alternative Communication (CAAC)
unrestricted

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Louw, Sideen. "Rights of the child and Euthanasia in the context of South Africa." University of Western Cape, 2020. http://hdl.handle.net/11394/7586.

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Magister Legum - LLM
Euthanasia is controversial topic that attracts conversations on grounds of fundamental human rights and freedoms. The opinions of legal scholars are inconsistent because while some view euthanasia as a gross violation of one’s human rights, others argue that it should be regarded as a fundamental human right. Extending the ‘right to die’ to children is more controversial because they are considered to be a vulnerable demographic and generally presumed to be legally incompetent to exercise their rights autonomously. The State aims to protect children by restricting their rights rather than enhancing their autonomy and including them in the discussion. To that end, children are often excluded from decision-making on the understanding that they are legally incompetent and cannot comprehend the consequences of their decisions.

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Chofor, Che Christian-Aime. "Educational opportunities for the girl child in Africa : a necessary revisit of the discrimination factor with reference to Egypt, South Africa and Cameroon." Diss., University of Pretoria, 2003. http://hdl.handle.net/2263/985.

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"This paper is therefore inspired to look at education with respect to girl children in Africa. This paper, by drawing inspriation from other settings, is also motivated by the need to find solutions on how best the rights of the girl child can be protected in conjuction with the educational policy of African countries. ... The study is divided into six chapters. Chapter one provides the context in which the study is set, the objectives of the study and its importance. Chapter two examines the importance of the right to education and in education and takes note of the issue of discrimination with respect to girl child education in Africa. In chapter three various international treaties that concern provisions on education and the discrimination factor as to gender are identified. Also in the international milieu, the role of international bodies in the effective and efficient insurance of girl child education is included. Chapter four examines on a regional level, the extent to which the African Commission has effectively monitored the provision of the African Chater. The African Children's Charter and the Draft Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women (the Draft Women's Protocol) in Africa are also discussed in relation to provisions in the African Charter and work done on girl child education by the African Commission. In this chapter, a comparative study is also done of instruments and the implementation mechanisms offered by the Inter-American and European systems to the African human rights system in terms of the girl child education. This is so because in terms of experience, jurisprudence and institutions, these systems are considered to be more advanced than the African human rights sytem. Finally chapter five discusses girl child education on a national level in Africa. This chapter focuses on the experiences of South Africa, Egypt and Cameroon. Educational policy and other national legislative instruments such as the constitutions of these countries are included. In the conclusion, the paper puts forward recommendations to assist new and old African democracies in advancing an administrative and political approach to the issue of discrimination with respect to girl child education." -- Chapter 1.
Prepared under the supervision of Dr. Enid Hill at the Department of Political Sciences, School of Humanities and Social Sciences, The American University in Cairo, Egypt
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM

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Horsten, Debra Anne. "The social security rights of children in South Africa / by D.A. Horsten." Thesis, North-West University, 2004. http://hdl.handle.net/10394/284.

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The concept of social security was introduced into the South African constitutional system through section 27 of the Constitution of the Republic of South Africa, 1996. Section 27(l)(c) of the Constitution states that everyone has the right to have access to social security including, if they are unable to support themselves and their dependants, appropriate social assistance and that the state must take reasonable legislative and other measures, within its available resources to achieve the progressive realisation of these rights. Section 28 of the Constitution relates directly to the social security rights of children and drafted as an internally unqualified constitutional right. The Constitutional Court has, however, in The Government of the Republic of South Africa and Others v Grootboom and Others 2000 11 BCLR 1169 (CC), subjected section 28 to the same internal limitations as the other social security rights in the Bill of Rights. The question which this study addresses is whether or not South Africa government is in compliance with its constitutional and international law obligations in respect of the social security rights of children. Social assistance in respect of children takes the form of grants, specifically the child support grant, the foster child grant and the care dependency grant. Due to the categorical nature of children's social security rights, it is submitted that the state is currently conforming to neither the guidelines laid down in the Grootboom case in respect reasonableness and progressive realisation, nor its international obligations in terms of the International Covenant on Economic, Social and Cultural Rights, the United Nations on Convention on the Rights of the Child, the African Charter on Human and People's Rights and the African Charter on the Rights and Welfare of the Child. In response to this submission the following are some of the recommendations flowing from this study: 1) In respect of the child support grant, the amount of the grant should be increased to correspond with the prevailing poverty rate and linked to inflation; the grant should be made more universally accessible, to include child headed households, refugee children, children of non-citizens and all children under the age of 18; the means test should be reviewed or done away with completely and the take-up rate of grant should be improved. 2) The care dependency grant should be extended to include non-citizen and refugee children as well as children with minor disabilities, chronic illnesses and HIVIAIDS or a supplementary needs grant for such children should be introduced. 3) Foster parents should be provided with incentives to take in HIV-positive children or children with disabilities. 4) The courts should, either themselves, or by a mandate to government, start developing minimum core entitlements in respect of basic rights.
Thesis (LL.M. (Labour Law))--North-West University, Potchefstroom Campus, 2004.

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Jongizulu, Siziwe. "Causes and consequences of early marriage in Lusikisiki: a research paper." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/d1008414.

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The purpose of the study was to identify causes and consequences of early marriages in Lusikisiki. The population of this study is a convenience sample from Lusikisiki. The researcher thought that this was appropriate because these subjects would be sharing their personal experiences in the form of case studies. The ages of subjects that were interviewed were 40 years & 47 years old (both married early) and those that married late were both 50 years old. The idea that guided the study was an exploratory one aimed at understanding the phenomenon of early marriage. The aim was to explore the following ideas: Young girls are being given into marriage at their early age by their parents because of the bride price (ilobola)Women that are given into marriage early feel victimized by this process early marriage disrupts the school pattern of young girls Men are the main beneficiaries of early marriage.

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Attwell, Terry-Anne. "A phenomenological exploration of adoptive parents' motivation for and experience of transracial adoption in South Africa." Thesis, Rhodes University, 2004. http://hdl.handle.net/10962/d1002436.

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Prior to the democratic elections of 1994, South Africa was daunted by legislation flooded with racial segregation. Adoption across racial lines is, because of South Africa’s racially segregated past, a relatively recent phenomenon in this country. The number of legal adoptions has increased dramatically, especially after its legalization in 1991. Parents may adopt across racial lines for an array of different reasons, from not being able to conceive a baby, to wanting to give a child the best opportunity in life. This study explored the experiences of white parents who have adopted black children, paying particular attention to how they deal with issues of “racial” identity. In-depth interviews were used to generate qualitative data pertaining to the parental perceptions of their motivation for, and experiences of adopting a child transracially in South Africa. The study aimed to explore their motivation for adopting and experiences, as well as issues relating to “racial” identity. Recommendations have been made to assist parents who are interested in adopting transracially. The report presents findings relating to the unique characteristics of the participants who have adopted transracially. These include adopters’ motivation and thought processes before taking the relevant steps to adopt transracially; the support that they have received from others in their decision to adopt transracially; communication patterns; their relevant concerns regarding the future of their adopted child; and issues pertaining to race, culture, heritage, prejudices and stereotypes. The findings suggest that parents were pragmatic, without regrets, in their views about adopting across racial lines. The parents’ motivations for adopting across racial lines were very similar to various perspectives, but were all due to the fact that they were unable to have biological children. Parents were aware of the child’s identity and cultural issues, which may be more perceptible in the future. Their perceptions, views and opinions, and the future concerns of their children were not unrealistic. Due to the children’s young age a follow-up study of these children should be considered.

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Wilkerson, Tendai Marowa. "A comparative analysis of the intermediary systems in South Africa, Namibia, Zimbabwe and Ethiopia." Thesis, Rhodes University, 2011. http://hdl.handle.net/10962/d1003213.

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Prior to 1990, very few countries in the world offered special protection to child witnesses interfacing with the justice system. There were no legal provisions permitting testimonial accommodations for children in court. The courtroom experience was significantly traumatic for the children. With the international focus shifting from protecting and upholding the rights of the accused in the courtroom towards a more victim-centred approach, various international and regional instruments have strongly dvocated that children deserve special protection because of their vulnerability. In order for the courts to be able to elicit accurate evidence from the child without further traumatizing the child, research has shown that the child needs assistance. An intermediary may be defined as a person who facilitates communication between the child and the courtroom in a manner that takes into account the child‟s cognitive and developmental limitations. The thesis was prompted by the need to make a contribution to the currently limited body of literature on the intermediary systems in South Africa, Namibia, Zimbabwe and Ethiopia by investigating how the systems can be improved and sustained in a way that helps to protect the child witness in court. Despite the problems the South African courts have had in identifying the appropriate interpretation of its intermediary legislation, the country emerges as a clear leader for the steps it took by creating a positive legal framework within which child protection issues are addressed and introducing the concept of the intermediary. This concept proved to be an inspiration to its neighbours, Namibia and Zimbabwe. The influence of the South African intermediary legislation is evident in the Namibian and Zimbabwean legislation. Although Namibian legislators have drafted laws that permit intermediary assistance in court, there are as yet no intermediaries appointed. In Ethiopia, although there is no discernible intermediary legislation, the country has managed to establish an intermediary system. As a result of the analysis conducted, it is evident that the efficacy of the intermediary system is dependent on the presence of an enabling legislation, its clarity and ease of interpretation, the sensitisation of court role players on child vulnerabilities, the significance of intermediary assistance, and finally a government's commitment towards the implementation process.

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Venter, Marcia A. "Disputed parental relocation : determining the best interests of the child." Thesis, Stellenbosch : Stellenbosch University, 2003. http://hdl.handle.net/10019.1/53397.

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Thesis (MA)--University of Stellenbosch, 2003.
ENGLISH ABSTRACT: In recent years the issue of relocation has been much discussed and litigated. The complexity of the issues inherent in relocation disputes and the relative lack of research in the area points to the need for a more comprehensive, coherent and empirically sound approach than exists at present. The major considerations involved in relocation disputes, using the best interests of the child standard as a reference point throughout, in terms of the available research and issues that require empirical attention, are presented. These include the relationship of the best interests of the child standard in considering the common motivations for relocation, significant psychological factors, cultural, gender and personal biases, the recent collaboration between the psychological and legal professions and the process of psychological assessment. A number of South African court decisions are reviewed to provide an overview of how the law tends to approach these issues. A number of important research areas are described and several factors are identified that is essential for the evaluator to consider when evaluating a relocation dispute.
AFRIKAANSE OPSOMMING: Oor die afgelope aantal jare het die kwessie van verhuising gereeld onder die soeklig gekom en is dit in howe oor en weer beredeneer. Die kompleksiteit van die kwessies inherent aan verhuisingdispute en die relatiewe gebrek aan navorsing oor die saak, vereis In meer omvattende, koherente en empiries verantwoordbare benadering as wat daar vandag bestaan. Belangrike oorwegings wat ter sake is in verhuisingskwessies en deur gebruik te maak van die beste belange van die kind standaard as In deurlopende verwysingspunt in terme van die beskikbare navorsing en kwessies wat empiriese ondersoek vereis, word bespreek. Dit sluit in die verhouding van die beste belange van die kind standaard in die oorweging van die algemene motiverings vir verhuising, betekenisvolle sielkundige faktore, kultuur, geslag en persoonlike vooroordele; die onlangse samewerking tussen die sielkunde en die reg, asook die proses van sielkundige assessering. In Aantal Suid-Afrikaanse hofuitsprake word bespreek om In oorsig te gee van hoe die reg geneig is om hierdie saak te benader. In Aantal belangrike navorsingsareas word beskryf en verskeie faktore word geïdentifiseer wat van wesenlike belang is om te oorweeg by die evaluering van In verhuisingsdispuut.

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Van, der Burg Anthea. "An examination of the extent to which South Africa is meeting its legal obligations with regard to the protection of undocumented foreign migrant children." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&amp.

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This thesis examined the extent to which South Africa has domesticated the international provisions protecting foreign migrant children. The thesis further investigated procedural gaps and makes recommendations in respect of law and procedure to ensure the adequate protection of the rights of undocumented foreign migrant children in South Africa.

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Netshitahame, Nyadzanga Evelyn. "An analysis of learners' knowledge and understanding of human rights in South Africa." Thesis, Pretoria : [s.n.], 2008. http://upetd.up.ac.za/thesis/available/etd-10172008-130614.

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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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Ridley, Tamerin Amy. "Negotiating identity and belonging: perspectives of children living in a disadvantaged community in the Eastern Cape Province." Thesis, University of Fort Hare, 2013. http://hdl.handle.net/10353/d1019871.

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Developing an identity with self-esteem and a sense of self-worth is a child’s fundamental right (Vandenbroek, 2001). To encourage identity formation children need to ask and answer questions such as: ‘Who am I?’, ‘Where do I belong?’ and ‘Is it ok to be who I am?’ A child’s identity is shaped largely by his/her experiences with regards to relationships and belonging within communities and familial structures. However, South Africa faces a host of problems, including poverty, violence, HIV/AIDS, all of which contribute to the breakdown of these familial and community structures. Utilising a participatory action framework, this research aims to provide insight into how children living in a disadvantaged community negotiate identity and belonging. This insight into children’s perceptions of identity and belonging is useful for identifying resources within the community which promote a positive sense of identity and belonging, and also to identify areas where support and intervention are required.

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Saine, Marie. "Protecting the rights of children in trouble with the law : a case study of South Africa and The Gambia." Diss., University of Pretoria, 2005. http://hdl.handle.net/2263/1159.

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"It is the responsibility of every government to protect the fundamental rights and freedoms of its citizenry and to ensure that the rule of law and justice prevails at all times. Hovewer, children accused of committing crimes are more susceptible to human rights abuses and violations of their legal rights while in detention, either in police cells, prisons or authorised detention centres. They mostly suffer from both the agents of the state as well as from inmates. These violations often take place [behind] closed doors, and society being primarily concerned with keeping offenders locked up rather than about their conditions and human rights being respected, the cries of these children to be treated with dignity and worth go unnoticed despite the constitutional and international guarantee of their rights. The problem therefore is first to examine what rights do children in trouble with the law have under international law in general and specifically within the African human rights sytem with special emphasiis on the rights of children deprived of their liberty. Secondly, to examine how these international instruments are given effect domestically and whether there are challenges encountered in realising these rights. These are the main issues that this research intends to grapple with using South Africa and the Gambia as case studies with a view to making recommendations for better protection of the rights of this category of children. ... This research consist of four chapters. The first chapter is the introduction. It will give the basis and structure of the research which will include a general overview of the problem in the two countries under study. In the second chapter, it will explore the relevant international and African normative framework that protects the rights of children in trouble with the law and the obligations of states towards these children. However, the main focus will be the Convention on the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child (ACRWC), because they are the two main human rights instruments providing specific protection for children's rights in all spheres. The third chapter will be a comparative analysis of the rights of children deprived of their liberty as provided in the municipal laws of South African and the Gambia vis a vis the minimum standards set [out] in the CRC and ACRWC. It will discuss the following issues, namely: defintion of a child, age of criminal responsibility, the best interest, detention as a last resort and for the shortest possible time, separation from adult detainees, role of parents, establishment of separate criminal procedures, right to legal respresentation and assistance, and sentencing options. It will also examine the problems and challenges for implementation. The fourth chapter will conclude and make recommendations on how best to implement the laws and who should be the role players in ensuring that the rights of these children are well protected." -- Introduction.
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005.
Prepared under the supervision of Professor Gilles Cistac at the Faculty of Law, Universidade Eduardo Mondlane, Maputo, Mocambique
http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html
Centre for Human Rights
LLM

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38

Sigfridsson, Tove. "Trafficking of children : the case of South Africa." Thesis, Stellenbosch : Stellenbosch University, 2012. http://hdl.handle.net/10019.1/19930.

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Thesis (MA)--Stellenbosch University, 2012.
ENGLISH ABSTRACT: The trafficking of children, with the purpose of sexual exploitation, has attained significant attention in the international realm. At present, children‟s human rights are protected by a number of international treaties adopted by the United Nations, which are also ratified by many states. These treaties have a norm setting function which influences domestic laws in the countries that have ratified them. The „1989 Convention on the Rights of the Child‟, the „Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime‟ together with the „2002 Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography‟ are important treaties with norm setting functions. These treaties influence international attitudes and policy measures concerning child trafficking. South Africa, the focus of this study, is in the process of creating a comprehensive legislative framework with the aim to protect children and combat child trafficking. Thus, this thesis examines how international treaties have impacted on South Africa‟s domestic legislation with regards to child trafficking. The influence of international treaties and norms on domestic policy and norms regarding child trafficking is illuminated in this study. This analysis builds on a model put forward by Sikkink and Finnemore (1998) of how norms are created by norm entrepreneurs. The assumption is that norms develop in phases through different platforms of organizations and states and these norms eventually become the status quo. This study provides an overview of international and domestic law pertaining to child trafficking as well as a theoretical discussion on the evolution of these norms. A theoretical framework of constructivism and to a lesser extent institutionalism is applied as an analytical tool in order to critically analyse the influence of international treaties on domestic policies in South Africa.
AFRIKAANSE OPSOMMING: Handel in kinders, met die doel van seksuele uitbuiting, het aansienlike aandag gekry in die internasionale arena. Op die oomblik word die menseregte van kinders beskerm deur 'n aantal internasionale ooreenkomste wat deur die Verenigde Nasies gesluit is, wat ook deur baie state bekragtig is. Hierdie verdrae het 'n standaard normstelllingsfunksie wat binnelandse wette beïnvloed in die lande wat hierdie verdrae bekragtig. Die "1989 Konvensie van die Regte van die Kind", Die Protokol ter Voorkoming, Onderdrukking en Straf van Mensehandel, veral Vroue en Kinders, ter aanvulling van die Verenigde Nasies se Konvensie teen Transnasionale Georganiseerde Misdaad saam met die 2002 Opsionele Protokol tot die Konvensie van die Regte van die Kind op die Verkoop van Kinders, Kinderprostitusie en Kinderpornografie is belangrike verdrae met standaard normstellingsfunksies. Hierdie internasionale verdrae beïnvloed houdings en beleidsmaatreëls oor kinderhandel. Suid Suid-Afrika die fokus van hierdie studie, is in die proses om van 'n omvattende wetgewende raamwerk te ontwikkel wat daarop gemik is om kinders te beskerm en kinderhandel te bestry. Hierdie verhandeling ondersoek die impak van internasionale verdrae op die Suid-Afrika se plaaslike wetgewing met betrekking tot kinderhandel. Die invloed van internasionale verdrae en normes op binnelandse beleid en normes ten opsigte van kinderhandel word in hierdie studie ondersoek. Hierdie ontleding is gebaseer op 'n model van Sikkink en Finnemore (1998) oor hoe norme deur norm-entrepreneurs geskep word. Die aanname is dat normes in fases ontwikkel deur middel van verskillende platforms van organisasies en state en dat hierdie norme uiteindelik die status quo word. Hierdie studie gee 'n oorsig van internasionale en plaaslike wetgewing met betrekking tot kinderhandel, sowel as 'n teoretiese ontleding van die evolusie van hierdie standaarde. 'n Teoretiese raamwerk van konstruktivisme en tot 'n mindere mate institutionalisme word toegepas as 'n analitiese instrument om die invloed van internasionale verdrae op die binnelandse beleid van Suid-Afrika krities te analiseer. Sleutelterme: kinderhandel, internasionale reg, norme, konstruktivisme, beleid, Suid-Afrika.

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39

Lim, Hye-Young. "Legally recognising child-headed households through a rights-based approach : the case of South Africa." Thesis, University of Pretoria, 2009. http://hdl.handle.net/2263/25615.

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Focusing on the rights of children who are deprived of their family environment and remain in child-headed households in the context of the HIV epidemic in Africa cannot be more relevant at present as the continent faces a significant increase in the number of children who are left to fend for themselves due to the impact of the epidemic. The impact of the epidemic is so severe that it is likened to an armed conflict. In sub-Saharan Africa, an estimated 22.4 million people are living with HIV, and in 2008 alone, 2 million people died of AIDS-related illnesses. Such massive loss of human lives is itself a tragedy. However, the repercussions of the epidemic suffered by children may be less visible, yet are just as far-reaching, and in all likelihood longer lasting in their effects. Initially, it appeared that children were only marginally affected by the epidemic. Unfortunately, it is now clear that children are at the heart of the epidemic. In sub-Saharan Africa, an estimated 14 million children lost their parents to AIDS-related illnesses and an unimaginable number of children consequently find themselves in deepened poverty. Traditionally, children who are deprived of their family environment in Africa have been cared for by extended families. However, the HIV epidemic has dramatically affected the demography of many African societies. As the epidemic continues to deplete resources of the affected families and communities, extended families and communities find it more and more difficult to provide adequate care to the increasing number of children who are deprived of parental care. As a result, more and more children are taking care of themselves in child-headed households. The foremost responsibility of states with regards to children who are deprived of parental care is to support families and communities so that they are able to provide adequate care to children in need of care, thereby preventing children from being deprived of their family environment. While strengthening families and communities, as required by articles 20 of the Convention of the Rights of the Child and 25 of the African Charter on the Rights and Welfare of the Child, as well as other international guidelines such as the 2009 UN Guidelines for the Alternative Care of Children, states also have the responsibility to provide ‘special protection and assistance’ to children who are already deprived of their family environment and are living in child-headed households. The important question is how to interpret the right to alternative care, and special protection and assistance, with respect to children in child-headed households. The study examines the international standards and norms regarding children who are deprived of their family environment including children in child-headed households and explores the ways those children are supported and protected in South Africa, against the background of related developments in a number of different African countries, including Namibia, Southern Sudan and Uganda. In 2002, the South African Law Reform Commission made the important recommendation that child-headed households should be legally recognised. The Children’s Amendment Act (No 41 of 2007), which amended the comprehensive Children’s Act (No 38 of 2005) gave effect to this recommendation by legally recognising child-headed households under prescribed conditions. It is a bold step to strengthen the protection and assistance given to children in child-headed households. However, child-headed households should not be legally recognised unless all the necessary protection and assistance measures are effectively put in place. In order to design and implement the measures of protection and assistance to children in child-headed households, a holistic children’s rights-based approach should be a guiding light. A rights-based approach, which articulates justiciable rights, establishes a link between the entitlement of children as rights-holders and legal obligations of states as duty-bearers. States have the primary responsibility to provide appropriate protection and assistance to children who are deprived of their family environment. This is a legal obligation of states, not a charitable action. A rights-based approach is further important in that it ensures that both the process of mitigation strategies and the outcome of such efforts are firmly based on human rights standards. The study argues that legal recognition should be given to child-headed household only after a careful evaluation based on the international standards with regard to children deprived of their family environment. It further argues that measures of ‘special protection and assistance’ should be devised and implemented using a rights-based approach respecting, among others, children’s rights to non-discrimination, to participation and to have their best interests given a priority.
Thesis (LLD)--University of Pretoria, 2009.
Centre for Human Rights
unrestricted

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Tewolde, Gebretedek Biruk. "An assessment of participatory monitoring and evaluation in NGOs: a case study of SOS Children’s Village, Cape Town, South Africa." University of the Western Cape, 2018. http://hdl.handle.net/11394/6570.

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Magister Artium (Development Studies) - MA(DVS)
This study is an assessment of participatory monitoring and evaluation in NGOs: a case study of SOS Children’s Village,Cape town, South Africa. The aim of the study is to examine the process of application of PM&E framework in the SOS Children’s Village Project, with a view to ascertaining its impact on the project and to provide suggestions and recommendations to SOS and NGOs in South Africa. There were four primary objectives of this study:to provide a theoretical and conceptual framework, through the discussion and/or analysis of applicable PM&E theories and concepts; to provide an overview of organizational structure of the project implementation team of SOS; to identify the different stakeholders involved in the monitoring and evaluation process; to empirically assess the process of PM&E in the SOS Project. The theoretical and conceptual framework of participatory development approach and the child rights based approach is used in this study. Both quantitative and qualitative methods of research are used throughout the study and measurement of key variables are made. While the systematic random sampling technique is utilised to collect data for the quantitative research, purposive sampling was used to select respondents for semi-structured interviews in the qualitative research. The study identified that the monitoring and evaluation process in SOS Children’s Village, Cape Town, South Africa is participatory in which the relevant stakeholders, especially the beneficiaries i.e. children participate in the monitoring and evaluation process. However, the study recommended that there should be an updated training and seminar for the staff to empower them to enhance their understanding of participatory monitoring and evaluation

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Mgidlana, Roberta Hlalisa. "Should South Africa criminalise ukuthwala leading to child and forced marriages?" University of the Western Cape, 2020. http://hdl.handle.net/11394/7607.

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Magister Legum - LLM
Forced marriages and child marriages1 are a global and major concern when dealing with girl children’s and women’s rights. UNICEF statistics2 show that in South Africa alone 1% of girls were married by 15 years and 6% by 18 years.3While these numbers are insignificant, they arguably contribute to a global crisis where girls of primary school age are forced into marriage.4 This mini-thesis will focus on ukuthwala, a customary practice which is prevalent in the rural parts of South Africa, where girls and young women are married off. Moral reasons exist for the custom, however in recent years it has changed radically. Ukuthwala is most prevalent in the Eastern Cape and Kwa-Zulu Natal provinces.6 It has been described as a ‘romantic mock abduction’ of an unmarried woman by a man who intends to marry her.7 According to Bekker and Koyana8 the procedure for ukuthwala is as follows: ‘The intending bridegroom, with one or two friends, will waylay the intended bride in the neighbourhood of her own home, quite often late in the day, towards sunset or at early dusk, and they will “forcibly” take her to the young man’s home. Sometimes the girl is “caught” unawares, but in many instances, she is caught according to plan and agreement. In either case, she will put up a show of resistance to suggest to onlookers that it is all against her will when in fact, it is hardly ever so’. While ukuthwala involves kidnapping a girl or young woman, the intention is to compel her or her family to endorse marriage negotiations.9 This therefore means, by custom, the suitor should report the thwala to his kraal head in order to commence lobolo10 negotiations.11 During this time consensual sex with the young girl is forbidden. Koyana and Bekker further explain that the girl or young woman is immediately placed in the midst and care of the womenfolk; and is treated with ‘utmost kindness and respect’,12 until such time that the marriage requirements are met.

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Yates, Hannelie. "Die promovering van kinderregte : 'n prakties-teologiese ondersoek." Thesis, Stellenbosch : Stellenbosch University, 2012. http://hdl.handle.net/10019.1/71759.

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Thesis (DTh)--Stellenbosch University, 2012.
ENGLISH ABSTRACT: All children should be regarded and treated with dignity. Children’s rights have been established in the international community as well as in South African society to address any violations of children’s rights and any detrimental influence this can have on them. The responsibility of ensuring that the rights of children are implemented, respected and protected in civil society lies primarily with the national government. Nevertheless, the struggle to realise children’s rights extends across all sectors and levels of society. As part of the theological task of developing a publicly orientated ministry that will address the social circumstances of children in South Africa in a just way, this study took as its point of departure the contribution that Practical Theology can make towards a systematic and critical interpretation of the cause of children and their welfare and rights. At the time that the study was launched there was limited comprehensive analysis of the subject of children in Practical Theology that devoted attention to a theological response to the promotion of children’s welfare and rights in South African society. Two lacunae in the theorising on children were identified in South African academic studies in Practical Theology: (i) a lack of focus on children and their rights, and (ii) a general absence of strategic perspectives on how the theological community can deal with the contextual realities of children in South African society. The primary aim of this study was to develop a theoretical framework in terms of which the contribution of Practical Theology could be conceptualised as a discourse and practice that could promote the cause of children and their welfare and rights. David Tracy’s three publics of theological involvement (the academy, the church and civil society) and Richard Osmer’s conceptualisation of the four modes of practical theological interpretation (empiricaldescriptive, interpretive, normative and pragmatic) were harnessed in an interdisciplinary way to develop a deeper understanding of the welfare of children and the importance of a practical theological approach to advancement of children’s welfare and rights. On the basis of Tracy’s and Osmer’s conceptual frameworks, a number of conditions were identified to promote the cause of children, child welfare and children’s rights in the discipline of Practical Theology in Schools of Theology and Religion. These conditions include a third public mode of practical theological interpretation being adopted, a culture of adultism being confronted and transformed, and children’s acts of faith becoming an integral part of the field of Practical Theology. On the basis of an empirical investigation among registered members of the Society for Practical Theology in South Africa, the study comes to the conclusion that the academic field of Practical Theology, in its interaction with communities and civil society, can make a unique contribution to the advancement of children’s rights. The fundamental contribution of the academic field of Practical Theology to the advancement of children’s rights in South Africa recide in focussing on the inclusion of the cause of children in theological interpretation; by implication this will entail actively countering the exclusion of children in theological discourse and praxis in the field of Practical Theology.
AFRIKAANSE OPSOMMING: Alle kinders verdien om ooreenkomstig hul menswaardigheid beskou en hanteer te word. Kinderregte is deur die internasionale sowel as die Suid-Afrikaanse gemeenskap as respons daargestel om sake wat kinders se menswaardigheid aantas en hulle nadelig beïnvloed teen te werk. Die verantwoordelikheid om seker te maak dat die regte van kinders in die burgerlike samelewing gerespekteer, beskerm en verwesenlik word, lê primêr by die nasionale regering. Nietemin strek die stryd om kinderregte te laat realiseer oor alle sektore en vlakke van die samelewing heen. As deel van die teologiese taak om ’n publiek georiënteerde bediening te ontwikkel wat reg sal laat geskied aan die sosiale omstandighede van kinders in Suid-Afrika, het hierdie studie die bydrae wat Praktiese Teologie tot ’n sistematiese en kritiese interpretasie van die saak van kinders en hul welsyn en regte kan maak as vertrekpunt geneem. Met die aanvang van die studie het beperkte omvattende akademiese analise oor die onderwerp van kinders in Praktiese Teologie en Teologie as sodanig bestaan waarin aandag gegee is aan ’n teologiese respons op die bevordering van kinders se welsyn en hul regte in die Suid-Afrikaanse samelewing. Twee gapings in die teoretisering oor kinders in die Suid- Afrikaanse akademie van Praktiese Teologie is geïdentifiseer: (i) ’n gebrek aan fokus op kinders en hul regte en (ii) grootlikse afwesigheid van strategiese perspektiewe oor hoe die teologiese gemeenskap die kontekstuele realiteite van kinders in die Suid-Afrikaanse samelewing kan hanteer. Die doel van hierdie studie was primêr om ’n teoretiese raamwerk te ontwikkel in terme waarvan die bydrae van Praktiese Teologie tot ’n diskoers en praktyk wat vir kinders en hul welsyn en regte bevorderlik is, gekonseptualiseer kon word. David Tracy se drie publieke van teologiese betrokkenheid (akademie, kerk en burgerlike samelewing) asook Richard Osmer se konseptualisering van die vier take waarvolgens prakties-teologiese interpretasie kan geskied (empiries-beskrywend, interpreterend, normatief en pragmaties) is ingespan om op ’n interdissiplinêre wyse verdiepte begrip vir die welsyn van kinders en die belang van ’n prakties-teologiese bydrae tot die promovering van kinders se welsyn en regte te ontwikkel. Daar is aan die hand van die konseptuele raamwerke van Tracy en Osmer bepaalde voorwaardes geïdentifiseer waaronder die saak van kinders, kinderwelsyn en kinderregte in die beoefening van Praktiese Teologie aan Skole van Teologie en Godsdiens bevorder kan word. Hierdie voorwaardes sluit in dat ’n derde publiek-modus van prakties-teologiese interpretasie aangeneem word, ’n kultuur van adultism gekonfronteer en getransformeer word en kinders se geloofshandelinge geïntegreerd deel van die studieveld van Praktiese Teologie uitmaak. Op grond van ’n empiriese ondersoek onder geregistreerde lede van die Werkgemeenskap vir Praktiese Teologie in Suid-Afrika het die studie tot die gevolgtrekking gekom dat die akademie van Praktiese Teologie in interaksie met gemeentes en die burgerlike samelewing ’n unieke bydrae tot die bevordering van kinderregte kan lewer. Die akademie van Praktiese Teologie se fundamentele bydrae tot die promovering van kinderregte in Suid-Afrika bestaan daarin om te fokus op die insluiting van die saak van kinders in teologiese interpretasie; by implikasie sal dit behels dat Praktiese Teologie kinders se uitsluiting in teologiese diskoers en praxis aktief teëwerk.

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Thomson, Gemma. "To what extent do South Africa and Scotland comparatively respect, protect and fulfill children's rights in the context of youth justice and in light of their international and regional obligations?" Master's thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/20808.

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Juvenile justice is a core facet of international child law aimed at protecting children who come into conflict with the law. The international and regional juvenile justice frameworks outline the standards expected of States party to the international instruments. Both South Africa and Scotland are obligated to adhere to these rules and principles by way of creation and implementation of domestic laws in furtherance of a child-centered approach to justice. This dissertation analyses the effectiveness of both national systems and assesses the extent to which they respect, protect and fulfill children's rights in the context of international child law. This study also aims to highlight areas in which South Africa and Scotland fail to meet the prescribed standards and proposes various recommendations in order to do so more effectively.

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Olaborede, Adebola Olufunmi. "The cultural practice of child marriage as a challenge to the realisation of the human rights of the girl –child: a comparative study of South Africa and Nigeria." Thesis, University of Fort Hare, 2016. http://hdl.handle.net/10353/2578.

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This study primarily sets out to examine the cultural practice of child marriage in Africa with a focus on the comparative study of South Africa and Nigeria. This practice has been prohibited in a number of international human rights instruments such as the African Charter on the Rights and Welfare of the Child, and the Protocol to the African Charter on Human and Peoples’ Right on the Rights of Women in Africa. However, overwhelming statistics show that the overall prevalence of child marriage in Africa is still very high and if current trends continue, Africa will become a region with the largest number of the global share of child marriages, by 2050. Different interconnecting factors promote and reinforce child marriage which makes this practice very complex. The challenge of cultural traditional practices and religious beliefs that promote child marriage in Africa are evaluated in this study. The complexities surrounding these cultural practices mainly relate to the conflict that exists between adhering to customs and traditional practices, and promoting the practical implementations and enforcement of human rights standards within communities. In particular, the age at which most girls are given out in marriage conflicts with the minimum legal age of marriage, lack of free and full consent to marriage and the mixed legal system, which mainly comprises of customary law, Islamic law and common or civil law and legislation, that often conflict with one another in most African States. Discussions on these contradictions, as in the case of child marriage, often lead to a seemingly endless debate between the universality of human rights and cultural relativism within African societies. Therefore, this study bears heavily on the debate and relationship between culture and human rights, and the extent to which they can be reconciled in order to achieve a realisation of the fundamental rights of the girl-child. A qualitative research method based on an extensive literature analysis from different disciples is adopted. In addition, is a comparative study of South Africa and Nigeria which seeks to provide insight into the nature and extent of the practice of child marriage, as well as evaluate the adequacy, effectiveness and shortcomings of national legislations that relate to the rights of a girl-child in the context of child marriage, in both jurisdictions.

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Mangena, Lethamaga Thames. "The protection of human rights : an analysis of approaches to school discipline." Thesis, Stellenbosch : Stellenbosch University, 2002. http://hdl.handle.net/10019.1/53151.

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Thesis (MPhil)--Stellenbosch University, 2002.
ENGLISH ABSTRACT: This is an in-depth investigation of human rights in education as reflected in school discipline in the Northern Province. In this research, three different schools were selected as the settings for my study. This selection of the setting was influenced by the diversity of the schools such as: -the community school, -the township school and the urban school. The three schools are not the representative of the schools in the Northern Province, but they illustrate or reveal if there were patterns in terms of the data collected. The methods used for collecting data are the following: Observation, Interview and Documents. A period of time was spent at the three settings for the purpose of observing the real school environment, interviewing the research participants (principal, educators, learners/LRC and the parentcomponent of the SGB) and to consult documents especially policies of the school. The departmental policies were also consulted. The results of the study indicate that most stakeholders (especially in rural and township schools) are not yet conversant with human rights in education. Educators and parents regard some human rights provisions in education as erosion of their 'status' in education.
AFRIKAANSE OPSOMMING: Hierdie studie is 'n diepgaande ondersoek van menseregte in die onderwys soos dit in dissipline in the Noordelike Provinisie se skole weerspieel word. In hierdie navorsing is drie skole gekies om as die milieu vir die studie te dien. Die keuse van hierdie skole is ingelig deur die verskille wat tussen hulle bestaan soos die gemeenskap skool, die woonbuurt skool en die stedelike skool. Die drie skole is nie noodwendig verteenwoordigend vandie skole in die Noordelike Provinsie nie, maar hulle illustreer of bewys indien daar 'n model bestaan in gevolge van die data wat versamel is. Die volgende metodes is toegepas om data in te samel: waarneming, onderhoud en die bestudering van dokumente. Om die egte skool milieu waar te neem, is sekere tyd by elkeen gespandeer. Onderhoude is met die deelnemers in die navorsing gevoer, t.w., skoolhoofde, onderwysers, leerlinge, leerlingverteenwoordigers en die ouers wat deel van die skoolraad is. Dokumente soos die skoolbeleid en relevante departementele beleidsdokumente is ook bestudeer. Die resultate van die navorsing dui aan dat die meeste belanghebbendes (veral die platteland - en woorbuurtskole) is nog nie bekend met mense regte in die onderwysers nie. Onderwysers en ouers beskou sekere mense regte voorsienings in the onderwys as wegvreting van hul 'status'.

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Le, Roux Lucinda. "Harmful traditional practices, (male circumcision and virginity testing of girls) and the legal rights of children." Thesis, University of the Western Cape, 2006. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_2495_1183427463.

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In South Africa the practice of virginity testing is most prevalent in KwaZulu-Natal amongst the Zulu and Xhosa. Proponents of the practice claim that some of the benefits include the prevention of the spread of HIV/Aids as well as teenage pregnancy and the detection of children who are sexually abused by adults, amongst others. In South Africa most black males undergo an initiation when they are approximately 16 years old to mark the transition from boyhood to manhood. Male circumcision is also performed as a religious practice amongst the Jews and Muslims.

A number of human rights groups in South Africa, including the Commission on Gender Equality (CGE) as well as the South African Human Rights Commission (SAHRC) has called for a total ban on the practice of virginity testing on the basis that it discriminates against girls, as the practice is carried out predominantly amongst teenage girls. The CGE and SAHRC are particularly concerned about the potential for human rights violations of virginity testing.

The problem with traditional male circumcisions in South Africa is the number of fatalities resulting from botched circumcisions and the spreading of sexually transmitted diseases through unhygienic procedures and unqualified surgeons. Also of concern are other hardships often accompanied by traditional circumcisions such as starvation, frostbite, gangrene and infection amongst other health related injuries. Thus, according to human rights activists, when carried out in these circumstances, traditional male circumcisions have the potential to violate a number of rights aimed at protecting boys including the right to physical integrity and life, in cases of the death of an initiate.

South Africa has also ratified a number of international treaties aimed at protecting children against harmful cultural practices such as the United Nations Convention on the Rights of the Child (CRC), the African Charter on the Rights and Welfare of the Child and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). As such it has been argued by rights groups that virginity testing as well as male circumcisions carried out in the conditions set out above have the potential to violate a number of provisions contained in international instruments aimed at protecting the dignity of children.

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Murungi, Lucyline Nkatha. "The significance of article 24(2) of the UN Convention on the Rights of Persons with Disabilities for the right to primary education of children with disabilities: a comparative study of Kenya and South Africa." Thesis, University of the Western Cape, 2013. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_8452_1382534032.

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The UN Convention on the Rights of Persons with Disabilities (CRPD) is the latest human rights treaty at the UN level. The process leading to the adoption called attention to the plight of persons with disabilities, and redefined approaches to issues of disability. Fundamentally, the CRPD embodies a paradigm shift in thinking about disability. It embraces the social model of disability, in terms of which disability is a function of the interaction between a person with impairment and his or her environment as opposed to an inherent limitation of functioning. The social model is, in turn, anchored in a human rights approach to disability. No doubt, the adoption of the CRPD triggered immense optimism for the realization of the rights of persons with disabilities. One of the rights recognised under the CRPD is the right to education. Article 24(1) of the CRPD recognises the right of persons with disabilities to education and sets out the aims of such education. Article 24(2) sets out a number of principles to guide the implementation of the right. These include: non-exclusion from the general education system including non-exclusion of children with disabilities from free and compulsory primary education
access to inclusive quality and free primary education on an equal basis with other children in the communities in which children with disabilities live
reasonable accommodation of a student&rsquo
s needs
provision of support necessary to facilitate effective education
and provision of individualised support measures in environments that maximise academic and social development of the students with disabilities. It is generally accepted that the right to education is one of the most essential rights, particularly in light of its empowerment function that helps to facilitate the exercise of other rights. The primary level of education has particularly attained global recognition and priority in resource allocation and implementation. Primary education contributes significantly to the maximum development of the full human potential of children. There are therefore differentiated obligations for the right to primary education in international human rights. Nevertheless, there are still significant barriers to access to primary education, particularly in the African region. While children with disabilities have been excluded from education for a long time the world over, their exclusion in the African context is particularly endemic. The core purpose of this thesis is to determine how article 24(2) of the CRPD affects or is likely to affect primary education of children with disabilities, particularly in the context of developing countries. The focus of the enquiry is mainly the law and policy in this regard. The subject spans three main spheres of rights: children&rsquo
s rights, socioeconomic rights (particularly the right to education), and finally disability rights. Children&rsquo
s rights, especially since the adoption of the Convention on the Rights of the Child (CRC), are generally accepted. The right to education also has a long standing history, and whereas debate regarding the appropriate approaches to its implementation still abides, there is apparent normative and jurisprudential consensus on some aspects thereof, particularly at the primary education level. It is essential to determine the relational framework of these spheres with the disability rights established under the CRPD. The thesis finds that the CRPD does in fact redefine the parameters of the right to education as previously understood in international human rights instruments. Particularly, the expanded aims of education under article 24 call for education systems that recognise non-academic learning, such as the development of the talents or creativity of the learner. This provision is particularly significant to the child with disabilities. Also, while not establishing an entirely new right, the principles under article 24(2) establish actionable sub-entitlements that enhance the justiciability right to education for children with disabilities. However, it is apparent from the comparative studies that it is the implementation of these provisions that presents the greatest challenge for the realisation of primary education for children with disabilities. This suggests that whereas norm creation as under the CRPD may have the value of triggering and sustaining discourse on appropriate responses in the context of the education of children with disabilities, it is the translation of these norms into practical action points that is the determining factor for realization of the right.

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48

Löfkvist, Martin. "Corporal Punishment : A study about attitudes and opinions to corporal punishment and the connection to children’s rights in South Africa and Sweden." Thesis, Högskolan Dalarna, Religionsvetenskap, 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:du-19522.

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Abstract:

Corporal punishment is a worldwide problem. The purpose withthis thesis is to promote a constructive discussion about the problem andconnect this to children’s rights. This gives the possibility to start adiscussion about suggestions and measures to reduce the problem. Thetheory is that corporal punishment is used as a disciplinary method tochange behavior. Children’s rights is regulated by conventions and nationallaws. The method is to conduct an analysis with interpretations andcommentaries of the research materials from South Africa and Sweden.The conclusion is that those who are positive to corporal punishment thinksit is an efficient working method, and it is about children’s safety. Thosewho are negative have experienced that alternative methods works. Asuggestion is to involve children in the work with children’s rights andeducate them in human and children’s rights with focus on obligations andresponsibility.

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Ande, Meseret Kifle. "The right to alternative care of children with disabilities in Ethiopia and South Africa." University of the Western Cape, 2020. http://hdl.handle.net/11394/7651.

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Abstract:

Doctor Legum - LLD
The importance of a nurturing environment on early child development and the central role that a family environment plays to this end are widely recognised. However, most children with disabilities lack family life and parental care and often find themselves disproportionately represented in the category of children that need alternative care arrangements. The limited access to family-based alternative care options for children with disabilities deprived of their family environment is the primary concern of this study. Studies have shown excessive dependence on institutions as a means to provide care for children with disabilities deprived of their family environment, despite the overwhelming evidence on the negative effects of placement in institutions on the development and well-being of children. This contradicts with a number of rights articulated in international and regional standards dealing with the alternative care of children in general, and children with disabilities in particular. This study seeks to examine the extent to which the rights of children with disabilities are respected in the context of alternative care in two jurisdictions in Africa – Ethiopia and South Africa. The two countries are State Parties to the applicable international and regional instruments concerning the alternative care of children with disabilities. These standards include the Convention on the Rights of the Child, the Convention on the Rights of Persons with Disabilities, and the African Charter on the Rights and Welfare of the Child. The UN Guidelines for the Alternative Care of Children and its principles of ‘necessity’ and ‘suitability’ also offer some guidance.

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50

Mycroft, Michaela. "Is the right to education for children with disabilities in South Africa sufficiently protected, promoted and supported by the government?" Master's thesis, Faculty of Law, 2019. http://hdl.handle.net/11427/30876.

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Abstract:

Disability in South Africa is a complex issue to understand and address. Society is structured in such a way that ableism persists, creating ongoing challenges for minority groups such as those living with a disability. In the light of the above, this dissertation examines the right to education for children with disabilities. This dissertation has a narrowed focus, through a desktop study investigating legislation and policies addressing and supporting the right to education in South Africa. If the right to education is effectively addressed, it could lead to improved access to equality, dignity and freedom for children with disabilities, as enshrined in the Constitution. Civil society organisations have become increasingly involved in supporting and promoting the right to education for children with disabilities, to ensure that children with disabilities can and do access their basic rights, when government fails to provide for equitable realisation of this right. I propose that the government has accepted responsibility to meet its obligation1 to provide equal education opportunities for children with disabilities in South Africa through signing international and regional treaties but is ineffective in doing so. However, the pervasiveness of ableism is a major barrier to implement this obligation. As a result institutions such as civil society have been ‘required’ to fill the gap to avoid further marginalisation of children with disabilities and violation of their human rights.

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Dissertations / Theses on the topic 'Children's rights. South Africa'

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