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1
Büchner-Eveleigh, Mariana, and Annelize Nienaber. "Gesondheidsorg vir Kinders: Voldoen Suid-Afrikaanse Wetgewing Aan die Land se Verpligtinge Ingevolge die Konvensie Oor die Regte van die Kind en die Grondwet?" Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 1 (May 22, 2017): 102. http://dx.doi.org/10.17159/1727-3781/2012/v15i1a2459.
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Included in the Convention on the Rights of the Child, 1989 (UN Children's Convention) is the right of children to the highest attainable standard of health. In terms of article 4 of the UN Children's Convention, in implementing the UN Children's Convention state parties must "undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognised in the present Convention". South Africa showed its commitment to protecting and promoting children's health when it ratified the UN Children's Convention and subsequently adopted the Constitution of the Republic of South Africa, 1996, which includes provisions guaranteeing the health rights of children. South Africa also showed commitment to giving legislative effect to the protection and promotion of children's health by promulgating the National Health Act 61 of 2003, the Children's Act 38 of 2005 and the Mental Health Care Act 17 of 2002. The article evaluates existing policy and legislation affecting child health in order to assess how well South African legislation addresses the issue of children's healthcare rights and whether or not it complies with its international law and constitutional obligations in this regard. The article concludes that although much legislation exists, none provides comprehensively for children's healthcare rights, and there are many gaps in existing legislation. Most importantly, there is no reference to the core minimum requirements for the state in providing for the health of children, particularly in the way of healthcare services and nutrition. Further, there is a complete lack of legislation which protects the health needs of children with disabilities. In order to ensure that the health rights of children are protected and promoted, we propose more comprehensive legislative protection.
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Yates, Hannelie, and Ignatius Swart. "The Rights of Children: A New Agenda For Practical Theology in South Africa." Religion and Theology 13, no. 3-4 (2006): 314–40. http://dx.doi.org/10.1163/157430106779024635.
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AbstractThe aim of this article is to give prominence to the rights of children as a new agenda for Practical Theology in South Africa. Adopting a distinctly contextual approach, the article takes a critical look at the problematic situation of children in present-day South Africa and then focuses attention on the emergence of a children's rights agenda, both internationally and in South African society. A discussion of these aspects leads the authors to address pertinently the issue of Christian theology's complementary role in the children's rights agenda, which, however, is problematised in the light of theology's one-sided and limited involvement thus far in the issue of children. It is argued that a practical theological paradigm – in which a praxis of liberation, change and transformation is of prime importance – should reflect an active involvement in the children's rights agenda. In the light of the special realities of South African society, the importance of meeting distinct contextual and hermeneutical challenges is stated as condition for an effective practical theological involvement in the problematics of the rights of children.
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Robinson, JA. "Children's rights in the South African Constitution." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 6, no. 1 (July 10, 2017): 21. http://dx.doi.org/10.17159/1727-3781/2003/v6i1a2858.
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Children were in many respects defenceless victims of discriminatory practices in ‘apartheid South Africa’. In fact, discrimination on the basis of gender, race and other inequalities were inscribed in the social fabric of the previous constitutional dispensation. The constitutional dispensation that came into effect on the 27th April 1994 was therefore designed to innovate social, political and legal structures that would be radically different from those of the country’s past history. In this contribution the impact of the Constitution upon the rights of children are considered. In order to fathom the impact. a general overview of constitutional principles and provisions necessary for the comprehension of the rights of children is provided. Thereafter the rights of children expressly mentioned in the Constitution will be addressed. Attention is also paid to the equal protection and nondiscrimination provisions of the Constitution, albeit only indirectly.
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Couzens, Meda. "Exploring public participation as a vehicle for child participation in governance: A view from South Africa." International Journal of Children’s Rights 20, no. 4 (2012): 674–704. http://dx.doi.org/10.1163/157181812x634210.
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Systematic child participation in governance decision-making has been slow to develop, and full realisation of the rights protected in Art. 12(1) of the Convention on the Rights of the Child, lags behind. This article explores alternative avenues for realising children's participation in governance, by analysing the legal protection of non-electoral forms of public participation, internationally as well as nationally in South Africa. The author provides a case study of the South African law, which arguably supports the inclusion of children's views in governance processes, through their involvement in public participation.
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Songca, Rushiella. "The Africanisation of Children's Rights in South Africa: Quo Vadis?" International Journal of African Renaissance Studies - Multi-, Inter- and Transdisciplinarity 13, no. 1 (January 2, 2018): 77–95. http://dx.doi.org/10.1080/18186874.2018.1482043.
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Chadbourne, Julie Dror. "Voices of the Youth: a South African youth perspective of juvenile justice." Journal of African Law 42, no. 1 (1998): 12–36. http://dx.doi.org/10.1017/s0021855300010470.
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It is in this spirit that the Voices of the Youth Project was created. At the dawn of a new South Africa, there will for the first time be a Juvenile Justice system. Child advocates across South Africa have been working in tandem with the South African government to create a workable Juvenile Justice system. In doing so, children's rights activists have sought input from advocates the world over, from philosophers, criminologists, and social workers, from teachers, economists, and volunteers, and, finally, from the children.
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Goldstein, Susan, Aadielah Anderson, Shereen Usdin, and Garth Japhet. "Soul Buddyz: A Children's Rights Mass Media Campaign in South Africa." Health and Human Rights 5, no. 2 (2001): 163. http://dx.doi.org/10.2307/4065370.
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Mayekiso, Thokozile, and Calvin Gwandure. "Promoting children's public participation in South Africa: A social systems control perspective." International Journal of Children's Rights 19, no. 2 (2011): 233–50. http://dx.doi.org/10.1163/157181810x525240.
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AbstractThe paper explores the theoretical application of the social systems control concept derived from Rotter's social learning theory to the promotion of children's public participation in South Africa. The paper describes social systems control concepts and strategies that educators could use to promote children's public participation at individual and institutional levels. The paper argues that if children were empowered through social systems control training programmes, they would be able to know, seek, and articulate children's public participation. It is envisaged that exposure of children to social systems control concepts in the educational system may result in children working for the promotion of children's rights in all social spheres in South Africa. Directions for future research can focus on the need to promote children's public participation through social systems control training programmes.
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Couzens, Meda. "Procurement Adjudication and the Rights of Children: Freedom Stationery (Pty) Ltd v MEC for Education, Eastern Cape 2011 JOL 26927 (E)." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 1 (May 22, 2017): 391. http://dx.doi.org/10.17159/1727-3781/2012/v15i1a2469.
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Children are heavily reliant on the services provided by the government and irregularities in public procurement processes are bound to affect the realisation of children's rights. In the Freedom Stationery (Pty) Ltd v The Member of the Executive Council for Education, Eastern Cape the Court was urged by the Centre for Child Law acting as an amicus curiae to consider children's right to education and their best interests when deciding on an interim interdict which would result in a delay in the provision of stationery to several schools in the Eastern Cape. This case note contains a summary of the case, some comments on the court's approach to the rights of children in procurement adjudication, and an assessment of the significance of the case for the development of children's rights in South Africa.
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Sloth-Nielsen, Julia, and Helen Kruuse. "A maturing manifesto: The constitutionalisation of children’s rights in South African jurisprudence 2007-2012." International Journal of Children’s Rights 21, no. 4 (2013): 646–78. http://dx.doi.org/10.1163/15718182-02102005.
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This article represents the next in a series of five-year overviews of children’s rights in the courts in South Africa. Using the Convention on the Rights of the Child and the African Charter on the Welfare of Children as a point of departure, the study suggests that it is in the public sphere that children’s rights have had their most impact in the period under review. The article highlights eight areas of distinction in this five-year period: these include judicial approval of resource mobilisation for the fulfilment of children’s rights, emphasis on the quality of and standards in education; the development of innovative remedies to deal with unreasonable state measures affecting children, and an increasing focus on the right to dignity of the child. The authors conclude that the scope of the cases cited points to the growing insertion of children’s rights considerations in increasingly diverse areas of legal interaction. Furthermore, the authors posit that the CRC and ACRWC – together with non-binding sources of international law – have substantively informed and enriched the jurisprudence of South African courts.
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Mc Murray, I., and L. Jansen Van Rensburg. "The utilisation of the right of children to shelter to alleviate poverty in South Africa." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 7, no. 1 (July 10, 2017): 107. http://dx.doi.org/10.17159/1727-3781/2004/v7i1a2844.
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Children being the most vulnerable members of society are the one's most affected by living in poverty. This unacceptable situation can inter alia be attributed to the disastrous effects of Apartheid. During this unfortunate period in our nation's history millions of people were unjustly evicted from their homes and forced to live in deplorable conditions. Moreover, many of these people were left homeless or without the necessary adequate shelter. Children who were born into these circumstances were denied basic resources such as proper shelter, food, water and health care services. These unfortunate circumstances existed at the adoption of South Africa 's democratic Constitution. The preamble of the Constitution of the Republic of South Africa , 1996 reaffirms government's commitment to heal the inequalities of the past and improve the quality of life of all citizens. The Constitution is based on certain fundamental values, most importantly, human dignity, freedom and equality. The fact that these values are denied to those people living without access to basic resources such as adequate housing/shelter, food, water or health care services cannot be dismissed. To facilitate South Africa 's development as a democratic state based on human dignity, freedom and equality, the problem of poverty must be addressed. The Constitutional Court , in Government of the Republic of South Africa and Others v Grootboom and Others 2000 11 BCLR 1169 (CC), has recently stated that the effective realisation of socio-economic rights is key to the advancement of a value based democratic South Africa . Section 26 of the Constitution grants everyone the right to have access to adequate housing and section 28 that grants every child the additional right to basic shelter among others. By virtue of section 28(1)(b) the primary responsibility to provide children with the necessary adequate housing/shelter is vested in their parents, unless the parents are unable to fulfil their duty or the children are removed from their care. This does not in the least mean that the state has no responsibilities to children living with their parents. The state must still provide the framework in which parents can facilitate the realisation of their children's rights. The state can fulfil this obligation by taking reasonable legislative and other measures within its available resources to realise everyone's right of access to adequate housing progressively. Therefore, it is submitted that the measures taken to realise section 26 also indirectly ensures the realisation of children's right to basic shelter (section 28(1)(c)). It has been largely accepted by the courts and academics alike that all fundamental human rights are indivisible and interrelated. Clearly then, the state's obligations in terms of section 28(1)(c) cannot be properly interpreted without referring to the interpretation of those obligations conferred upon it by section 26(2) and the other socio-economic rights in the Constitution. Hence, section 28(1)(c) must be seen in the context of the Constitution as a whole. Put simply, the state must take reasonable legislative and other measures within its available resources to realise children's right to basic housing/shelter progressively. This article will focus on the utilisation of the right to shelter of the child to alleviate poverty. Essential to this discussion is an effective understanding of the right to basic shelter as entrenched by section 28 of the Constitution in conjunction with the right of access to adequate housing conferred on everyone by virtue of section 26. This will be achieved by studying the general working of such rights including their limitations and enforcement.
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Donohue, Dana K., Juan Bornman, and Mats Granlund. "Examining the rights of children with intellectual disability in South Africa: Children's perspectives." Journal of Intellectual & Developmental Disability 39, no. 1 (November 18, 2013): 55–64. http://dx.doi.org/10.3109/13668250.2013.857769.
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Sloth-Nielsen, Julia. "The contribution of children's rights to the reconstruction of society: Some implications of the constitutionalisation of children's rights in South Africa." International Journal of Children's Rights 4, no. 4 (1996): 323–44. http://dx.doi.org/10.1163/157181896x00013.
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Ensor, Marisa O., and Amanda J. Reinke. "African Children’s Right to Participate in their Own Protection." International Journal of Children’s Rights 22, no. 1 (2014): 68–92. http://dx.doi.org/10.1163/15718182-02201003.
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The protection of children confronting adversity has become one of the central priorities of humanitarian interventions worldwide. The array of child-focused rights and protections established by international, regional and national frameworks provides a normative foundation guiding efforts to facilitate the (re)establishment of more secure conditions. Despite a rhetorical acknowledgement of participation as enhancing children’s provision and protection rights, much of children’s rights activism in Africa continues to emphasise a protectionist approach over an empowering one. Furthermore, actualising children’s rights constitutes a formidable challenge in fragile countries like South Sudan where difficult post-war conditions are compounded by significant discrepancies regarding the treatment of children in the various applicable legal systems. Advancing the view of children’s rights as a living practice moulded by children’s everyday realities, this paper discusses the situation of South Sudan as illustrative of the dilemmas of upholding the right of conflict-affected children in Africa to participate in their own protection.
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Sibanda, Gladys Mankoana, and Johan L. Beckmann. "Admission policies as enablers and disablers of children’s rights to basic education: Stakeholders’ perceptions." South African Journal of Education 41, no. 4 (November 30, 2021): 1–19. http://dx.doi.org/10.15700/saje.v41n4a1939.
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In this article we report on a qualitative study done in Pretoria, South Africa, in which we investigated the experiences of 2 representatives of the Gauteng Department of Education (GDE); School Governing Body (SGB) spokespersons from 4 schools located in the Gauteng province, 2 representatives of the Federation of SGBs, 4 principals from 4 schools, and 4 parents from 4 schools regarding public primary schools’ admission policies and practices as enablers or disablers of children’s rights to basic education. Using structured, open-ended interviews, qualitative data were generated to explore the experiences of the participants on the public primary schools’ admission policies and practices as enablers or disablers of a right to basic education. We argue that the implementation of school admission policies as enabler to access to basic education must be based on a system of rights and corresponding obligations established by the Constitution of the Republic of South Africa, 1996, and the various legislative and policy frameworks. The findings of the study reveal that the learner admission system in South African public schools remains problematic, which in turn aids as a disabler of children’s right to basic education.
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Munongi, Lucia, and Jace Pillay. "A South African Perspective of Grade 9 Learners’ Experiences of Children’s Rights." International Journal of Children’s Rights 26, no. 2 (May 3, 2018): 278–94. http://dx.doi.org/10.1163/15718182-02602003.
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This study aimed to determine children’s experiences of their rights. The sample consisted of 185 Grade 9 pupils (females = 95; males = 90) randomly sampled from 13 secondary schools from Johannesburg, South Africa, from a previous study. The participants were requested to write their responses to an open-ended question: ‘What do you think of children’s rights in South Africa?’ The data were analysed using content analysis since the data from the open-ended question was qualitative in nature. Results indicated that children were aware that they have rights, and that adults were still violating them. Based on the findings and a human rights-basedframework, several recommendations were made, such as, the need to adopt a more radical approach when dealing with children’s rights and the need to encourage schools and families to develop a culture of respecting children’s rights.
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Kruger, Hanneretha. "The Protection of Children's Right to Self-Determination in South African Law with Specific Reference to Medical Treatment and Operations." Potchefstroom Electronic Law Journal 21 (October 15, 2018): 1–34. http://dx.doi.org/10.17159/1727-3781/2018/v21i0a4609.
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The Children's Act 38 of 2005 provides that children over the age of 12 years can consent to their own medical treatment or that of their children, provided they are of sufficient maturity and have the mental capacity to understand the benefits, risks, social and other implications of the treatment (section 129(2)). The predecessor of the Children's Act set the age at which children could consent to medical treatment at 14 years, and no maturity assessment was required (Child Care Act 74 of 1983 section 39(4)). Children over the age of 12 years can consent to the performance of surgical operations on themselves or their children, provided that they have the level of maturity described above and they are duly assisted by their parents or guardians (Children's Act section 129(3)). Before the Children's Act came into operation, the Child Care Act allowed children over the age of 18 to consent to their own operations (section 39(4)). Neither a maturity assessment nor parental assistance was required. (Note that when the Child Care Act was in operation the majority age was still 21 years.) In this article the question is considered if the relaxation of the limitations on children's capacity to consent to medical treatment and surgical operations in the Children's Act recognises the right of children to make independent decisions without the assistance of their parents or guardians or other substitute decision-makers. Firstly the article investigates the theoretical foundations of the protection of children's rights, particularly their autonomy rights. Secondly the meaning of the concept "competence" in medical decision-making and the related concept of "informed consent" are discussed. Thirdly some developmental and neuroscientific research on children's decision-making capacities and how they influence children's competence to give consent valid in law are highlighted. Fourthly possible legal foundations for the protection of children's right to self-determination in medical decision-making are sought in the Constitution and international and regional human rights treaties. Finally the relevant provisions of the Children's Act are examined in order to ascertain whether children's right to self-determination is sufficiently protected in South African law
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Sithole, T. N., and Kgothatso B. Shai. "UN-BLURRING THE MYTHS AND REALITIES OF WOMEN AND CHILDREN’S RIGHTS IN SOUTH AFRICA." Commonwealth Youth and Development 14, no. 2 (March 28, 2017): 109–20. http://dx.doi.org/10.25159/1727-7140/1927.
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Awareness of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW 1979) and the Convention on the Rights of the Child (CRC 1989) is relatively high within academic and political circles in South Africa and elsewhere around the world. In South Africa, this can be ascribed mainly to the powerful women’s lobby movements represented in government and academic sectors. Women and children’s issues have been especially highlighted in South Africa over the last few years. In this process, the aforementioned two international human rights instruments have proved very useful. There is a gender desk in each national department. The Office on the Status of Women and the Office on Child Rights have been established within the Office of the President, indicating the importance attached to these institutions. These offices are responsible for co-ordinating governmental efforts towards the promotion and protection of women and children’s rights respectively, including the two relevant treaties. Furthermore, there is also a great awareness amongst non-Governmental Organisations (NGOs) in respect of CEDAW and CRC. This can be ascribed mainly to the fact that there is a very strong women’s NGO lobby and NGOs are actively committed to the promotion of children’s rights. Women are increasingly vocal and active within the politics of South Africa, but the weight of customary practices remains heavy. The foregoing is evident of the widening gap between policy theory and practice in the fraternity of vulnerable groups – children and women in particular.
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Basson, Yvette. "Selected Developments in South African Labour Legislation related to Persons with Disabilities." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 20 (May 25, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a1216.
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In South Africa marginalised groups have historically been afforded legislative protection in order to ensure that the rights of these groups are respected, protected, promoted and fulfilled. Examples of two such groups are older persons, whose rights are provided for in terms of the Older Persons Act 13 of 2006 and children, whose rights are provided for in terms of the Children's Act 38 of 2005. Persons with disabilities have, however, not yet been the subject of dedicated legislation outlining the content of the rights to which they are entitled. As a result of this lack of dedicated legislation, the rights of persons with disabilities are dealt with in a piecemeal fashion, often in disparate pieces of legislation.In addition to this focus on the rights of persons with disabilities, South African labour law has recently undergone extensive amendments. These amendments have led to the rights of persons with disabilities in the workplace being affected substantially. Since these amendments are as yet untested, little scrutiny of these provisions and the effect they may have on persons with disabilities has been undertaken. This article will thus discuss selected amendments of the labour legislation, and interrogate the practical effect these amendments may have on the rights of such persons. Of particular importance for the purposes of this article is the updating of an existing institution known as Sheltered Employment Factories, as well as the introduction of harsher penalties for employers who remain non-compliant with certain provisions of the Employment Equity Act 55 of 1998.
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Couzens, Meda. "Le Roux v Dey and Children's Rights Approaches to Judging." Potchefstroom Electronic Law Journal 21 (January 29, 2018): 1–27. http://dx.doi.org/10.17159/1727-3781/2018/v21i0a3075.
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The South African jurisprudence on the rights of children is vibrant and generally progressive, and is supported by an enabling constitutional and statutory framework. The majority decision in Le Roux v Dey 2011 3 SA 274 (CC), however, ignores the rights of children, and this is in stark contrast to some of the minority judgments in the same case. This contrast is surprising, considering that all of the judges applied the same legal framework. With reference to an emerging interest in defining children's rights approaches to judging, this article critically analyses the majority and minority judgments, and establishes their vulnerabilities and strengths as children's rights judgments. In the process, suggestions are made in relation to defining a children's rights approach to judging.
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Olusegun Olaitan Oluwaseyi and Olatawura Oladimeji. "Surrogacy Agreements and the Rights of Children in Nigeria and South Africa." Obiter 42, no. 1 (May 2, 2021): 20–38. http://dx.doi.org/10.17159/obiter.v42i1.11054.
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Surrogacy agreements help to provide children for persons who cannot achieve conception or carry a child to term themselves. This practice has improved several lives over the years but can also be exploitative for some parties involved, if not adequately regulated.Using the doctrinal research method, this study discusses the rights of children in surrogacy agreements and examines the regulation of the practice in Nigeria and South Africa. This study found that a comprehensive framework regulating surrogacy agreements is lacking in Nigeria, while the practice is regulated in South Africa under Chapter 19 of the Children’s Act 38 of 2005 (Children’s Act). The lack of a legal framework in Nigeria implies that the rights of children born through surrogacy agreements may be violated. Two Bills are however awaiting passage into law in Nigeria.This study thus recommends the enactment of these Bills into one comprehensive law so as to regulate surrogacy agreements effectively in Nigeria and safeguard the well-being of children. Legislation regulating surrogacy agreements in Nigeria should include provisions similar to those found in the Children’s Act of South Africa. Policies that promote the best interests of the child should be adhered to and their rights to know their biological heritage, identity and nationality, and to prevention from harm, should be protected and promoted.
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Kruger, Hanneretha. "Allowing Competent Children in South Africa to refuse Medical Treatment: Lessons from England." Stellenbosch Law Review 2021, no. 3 (2021): 410–34. http://dx.doi.org/10.47348/slr/2021/i3a3.
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This article considers the question whether the right of children to consent to medical treatment includes the right to refuse medical treatment, as is the case with adult patients. If this question is answered in the affirmative, a second question arises, namely whether the protection of this right of children is as strong as the protection provided to their adult counterparts. More particularly, do children have the right to refuse medical treatment if that refusal is considered to be unreasonable or irrational by the child’s parents or doctors? If this question is answered in the negative, a third question is whether the differential approach to consent by child and adult patients is justified. In the first part of the article, the position in English law is explored. In the second part of the article, the South African legislative framework, particularly the Children’s Act 38 of 2005 and the National Health Act 61 of 2003, is considered. This is done against the background of international and regional human rights instruments and the Constitution of the Republic of South Africa, 1996. The lessons learned from the developments in English law are used to suggest a way forward in South African law.
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Nylon Marishane, RN. "Immigrant Parents' Voices on Children's Right to Education in South African Schools: Connecting the Disconnected." Journal of Educational and Social Research 11, no. 6 (November 5, 2021): 68. http://dx.doi.org/10.36941/jesr-2021-0129.
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This paper focuses on the school's protection of the right to education for immigrant learners as perceived by their parents. With its approach to the subject from the human rights-based educational perspective, this paper sought to examine immigrant parents' views on their children's right to education against their background as vulnerable and marginalised school community members. The assumption on which the study presented in this paper is based is that meaningful discussion on the right to education for immigrant learners cannot be disconnected from the challenges their parents face in educating them. Immigrant parents have their views and experiences relating to children's educational rights, which are seldom studied. Guided by this view, a qualitative approach was followed to gather data through semi-structured individual interviews held with parents of immigrant learners from four purposively selected South African township schools. The results show that immigrant parents experience enormous challenges in the education of their children in South African schools. While some of the challenges are transferred from them to their children because of non-citizenship, they attribute most of the challenges to people who teach their children, namely, teachers.
Received: 2 August 2021 / Accepted: 3 October 2021 / Published: 5 November 2021
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Stoop (Chürr), Chrizell. "Children's Rights to Mother-Tongue Education in a Multilingual World: A Comparative Analysis between South Africa and Germany." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 20 (May 11, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a820.
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The importance of the mother tongue, and, more specifically, of mother-tongue education, is recognised globally. Use of the mother tongue is regarded as one of the most effective ways of acting and performing cognitively, socially and communally. The aim of this article is to encourage and promote the implementation and realisation of mother-tongue education through certain school/education models in order to achieve equality and liberation and to increase the incidence of high-performance education systems in a multilingual world. A comparative analysis of South Africa and Germany will also be undertaken with regard to language policies and the mother-tongue education situation in these countries' school systems. Several other aspects such as the choice of language as a fundamental right, the importance of international instruments, as well as some lessons to be learnt for both South Africa and Germany in respect of mother-tongue education, will be discussed. It will be concluded that, despite the existence of a multilingual world, the crucial importance of the use of the mother tongue and mother-tongue education should not be underestimated and/or ignored.
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Doubell, Hannelie, and Johanna Geldenhuys. "South African children's voice on school discipline: A case study." International Journal of Children's Rights 19, no. 2 (2011): 321–37. http://dx.doi.org/10.1163/157181811x547254.
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AbstractThis article draws on material from a case study of a South African school. The abolishment of corporal punishment in 1996 necessitates a shift towards alternative discipline methods. It is argued that discipline in school context would be more successful if learners were given a voice in the process. A mixed method approach was employed to gather data by means of questionnaires from 40 learners. Results showed that although mechanisms were introduced to improve children's rights in South African schools, their participation in the process of school discipline is still limited. Recommendations were formulated in line with the findings.
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Pillay, Jace. "Ethical considerations in educational research involving children: Implications for educational researchers in South Africa." South African Journal of Childhood Education 4, no. 2 (December 24, 2014): 18. http://dx.doi.org/10.4102/sajce.v4i2.211.
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Adopting a social justice theoretical framework, the author proposes that the involvement of children in educational research is paramount. However, such involvement often exposes children to exploitation and a violation of their rights. As such, it is essential that all research involving children should be ethically sound. Hence, the purpose of this study was to explore ethical considerations in educational research involving children, especially in South Africa, which was historically known for the marginalization of and discrimination against children. This generic qualitative study included a sample of eight experts with extensive knowledge of the ethical concerns surrounding children’s participation in research activities. Data was collected through individual interviews, a questionnaire, and the analysis of documents and instruments pertaining to the ethical-legal protection of children’s involvement in research activities in South Africa. The findings identify several ethical principles that should be considered within a South African perspective and which have specific implications for educational researchers.
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Aris, Ismail. "PENGUATAN PENGATURAN HAK ANAK BERDASARKAN KONSTITUSI DAN PERBANDINGAN KONSTITUSI DIBERBAGAI NEGARA." AN-NISA 11, no. 1 (July 12, 2019): 372–83. http://dx.doi.org/10.30863/an.v11i1.304.
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This article shows that the constitution or the 1945 Constitution of the Republic of Indonesia can not be regarded as children's constitution which adopts the principles of child protection under the Convention on the Rights of the Child. It also shows that Indonesia is not serious about the theme of child protection discourse such as Ecuador, Egypt, Finland and South Africa in protecting, fulfilling and respecting and explicitly specifying the rights of children in its constitution. Based on the argument above, it is very urgent for Indonesia to do constitutionalism the rights of the child. Based on the principles that adopted by the convention on the right of the child as a solution as an effort to save and protect the rights of the child from negligence and neglect of the State to protect and fulfill the human rights and constitutional rights of the child. The effort of constitutionalism is also considered as a strengthening effort in the formation of legislation in the future as well as the basis or test stone of the Constitutional Court in handling the future judicial review of the Law which violates the norm on the protection of children's rights under the Constitution. In addition, it is urgent for constitutionalism and incorporates the idea of constitutional complaints in the Constitutional Court through the Constitution. Thus, as a basis for constitutional protection of the child if the State has neglect to protect the human rights and constitutional rights of the child by conducting constitutional complaint in the Constitutional Court, in order for the State to fulfill its constitutional obligations which have been regulated under the constitution.
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Ruck, Martin D., Harriet Tenenbaum, and Ingrid Willenberg. "South African Mixed-race Children's and Mothers' Judgments and Reasoning about Children's Nurturance and Self-determination Rights." Social Development 20, no. 3 (March 25, 2011): 517–35. http://dx.doi.org/10.1111/j.1467-9507.2011.00607.x.
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Stewart, Linda. "Resource constraints and a child's right to legal representation in civil matters at state expense in South Africa." International Journal of Children's Rights 19, no. 2 (2011): 295–320. http://dx.doi.org/10.1163/157181811x547290.
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AbstractSection 28(1)(h) of the South African Constitution bestows the right on every child to have a legal practitioner assigned to the child by the state, and at state expense, in civil proceedings affecting the child, if substantial injustice would otherwise result. Section 28(1)(h) places a positive duty on the state and the practical implementation of this right is dependent on the state's available resources. is paper enquires whether the criteria laid down by the South African Legal Aid Board may limit the realisation of s 28(1)(h) and if so, to what extent. It includes the question whether it is constitutionally permissible for the state to deny legal representation to children on the exclusive grounds of resource constraints. I commence by examining similar but not exact provisions in the Convention of the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child (ACRWC) to establish whether there are provisions that may inform the extent of the positive duty on the state to provide legal representation at state expense to children. is will be followed by a discussion on the nature and extent of s 28(1)(h) of the Constitution. I then turn to the relevant sections in the Children's Act pertaining to this right and especially s 55 which makes provision that the Legal Aid Board is the appropriate functionary of the state to deal with the realisation of s 28(1)(h). I finally enquire whether the criteria laid down in the Legal Aid Guidelines, 2009 (which include the argument of resource constraints) may justifiably limit this right.
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Sloth-Nielsen, Julia. "Sideswipes and Backhanders: Abolition of the Reasonable Chastisement Defence in South Africa." International Journal of Law, Policy and the Family 34, no. 2 (August 1, 2020): 191–203. http://dx.doi.org/10.1093/lawfam/ebaa005.
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Abstract This article reviews the abolition of the defence of reasonable chastisement by the South African Constitutional Court on the grounds that it infringes the Constitution. After detailing the history of the abolition of corporal punishment in a democracy with the Constitution as supreme law, the article dissects the reasoning of the Constitutional Court. It argues that judgment in Freedom of Religion South Africa v Minister of Justice and Constitutional Development (hereafter FORSA), whilst overall positive in its result, is probably a low water mark in the development of children’s rights jurisprudence in South Africa. There are a number of inadequacies and strangely deferential statements in the FORSA decision. Whilst inescapably coming to the constitutionally correct decision, the reluctance of the Court to reach this point, and its desire to accommodate the religious and cultural beliefs of the appellants, is evident. The way forward has, as a result, been left rather obscure.
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Mokwena, Kebogile Mokwena. "Neglecting Maternal Depression Compromises Child Health and Development Outcomes, and Violates Children’s Rights in South Africa." Children 8, no. 7 (July 19, 2021): 609. http://dx.doi.org/10.3390/children8070609.
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The intention of the South African Children’s Act 38 of 2005 is to provide guarantees for the protection and promotion of optimum health and social outcomes for all children. These guarantees are the provision of basic nutrition, basic health care and social services, optimal family or parental care, as well as protection from maltreatment, neglect and abuse services. However, despite these guarantees, child and maternal mortality remain high in South Africa. The literature identifies maternal depression as a common factor that contributes to negative health and social outcomes for both mothers and their children. Despite the availability of easy-to-use tools, routine screening for maternal depression is not carried out in public health services, which is the source of services for the majority of women in South Africa. The results are that the mothers miss out on being diagnosed and treated for maternal depression, which results in negative child outcomes, such as malnutrition, as well as impacts on mental, social and physical health, and even death. The long-term impacts of untreated maternal depression include compromised child cognitive development, language acquisition and deviant behaviors and economic disadvantage in later life. The author concludes that the neglect of screening for, and treatment of maternal depression therefore violates the constitutional rights of the affected children, and goes against the spirit of the Constitution. The author recommends that maternal and child health services integrate routine screening for maternal depression, which will not only satisfy the Constitutional mandate, but also improve the health and developmental outcomes of the children and reduce child mortality.
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Murris, Karin. "Children’s development, capability approaches and postdevelopmental child: The birth to four curriculum in South Africa." Global Studies of Childhood 9, no. 1 (March 2019): 56–71. http://dx.doi.org/10.1177/2043610619832894.
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This article explores how three well-known conceptual frameworks view child development and how they assume particular figurations of the child in the context of the South African National Curriculum Framework for Children from Birth to Four. This new curriculum is based on a children’s rights framework. The capability approaches offer important insights for children’s rights advocates, but, like psychosocial theories of child development, assumes a ‘becoming-adult view of child’, which poses a serious threat to children’s right to genuine participation. They also share the exclusive focus on understanding development as located ontologically in the individualised human. In contrast, critical posthumanism queers humanist understandings of child development and reconfigures subjectivity through a radical philosophical decentring of the human. The relevance of this shift for postdevelopmental child in the context of the new South African early years curriculum is threaded throughout the article. A posthuman reconfiguration of child subjectivity moves theory and practice from a focus on assessing the capabilities of individual children in sociocultural contexts to the tracing of material and discursive entanglements that render children capable. This onto-epistemic shift leads to the conclusion that the National Curriculum Framework for Children from Birth to Four requires a fourth theme (with guiding principles), which would express a multispecies relationality and an ethics of care for the human as well as the nonhuman.
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Munongi, Lucia, and Jace Pillay. "Children’s rights in South Africa: Perceptions of urban high school teachers in Johannesburg." Citizenship Teaching & Learning 14, no. 1 (March 1, 2019): 27–46. http://dx.doi.org/10.1386/ctl.14.1.27_1.
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Rapatsa, Mashele. "A constitutional disposition of cultural male circumcision as a heritage right." Pravo - teorija i praksa 39, no. 3 (2022): 113–24. http://dx.doi.org/10.5937/ptp2203113r.
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South Africa's constitutional framework entrenches a variety of legislative imperatives that protects culture as a right. Sections 30 and 31 of the Constitution, 1996 were specifically enshrined to resonate with the spirit and purport of the need to protect cultural rights. Some statutory enactments such as Children's Act 38 of 2005 and Limpopo Initiation Schools Act 6 of 2016 are also highly respectful of cultural rights thereby enabling cultural families and communities to subject their children to practice any such cultural activities of their choice, but to the extent that it is practicable. It is argued that while South Africa's post-1994 constitutional apparatus are fundamentally rights based orientated and thus require the state and every legal and juristic persons to be bearers of such a responsibility of protecting human rights, the state is correspondingly obligated to protect cultural rights as a constitutional entitlement in order for citizens to enjoy heritage as a right, either as a group or individuals with cultural orientation. Constitutionally speaking, the state is prohibited from engaging in acts that unjustly interferes with free enjoyment of heritage as a right. The article adopted a traditional legal doctrinal methodological approach, which is best suited for interpreting legislative instruments to capture a variety of plausible meanings and implications to a real life legal situation.
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Mol, Charlotte. "Children’s Representation in Family Law Proceedings." International Journal of Children’s Rights 27, no. 1 (February 16, 2019): 66–98. http://dx.doi.org/10.1163/15718182-02701001.
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In the debate on child participation in family law proceedings, a pertinent question is whether or not to provide children with representation and if so, how to provide it. Article 12 of the United Nations Convention on the Rights of the Child (uncrc) provides minimum standards for the child’s right to express views and to do so, in judicial proceedings, through a representative. This article takes these minimum standards as a yardstick to evaluate the legal frameworks of child representation in the family law proceedings of four jurisdictions: Australia (New South Wales), France, the Netherlands and South Africa. On the basis of a systematic legal comparison and evaluation, this article presents a “compliance report card” and concludes with new insights and questions regarding children’s representation and Article 12, uncrc.
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Bekink, Mildred. ""Child Divorce": A Break from Parental Responsibilities and Rights Due to the Traditional Socio-Cultural Practices and Beliefs of the Parents." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 1 (May 22, 2017): 176. http://dx.doi.org/10.17159/1727-3781/2012/v15i1a2461.
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In a recent ground-breaking case the South African courts were for the first time requested to use their discretion to interfere in the parent-child relationship due to the traditional socio-cultural beliefs of the parents. In what has been described as "every parent's nightmare; the fancy of many teenagers", a 16 year-old schoolgirl from Milerton in the Western Cape asked to be "freed" from her parents to live semi-independently from them because of her unhappiness with the conservative manner in which her parents treated her. After considering the matter the judge assigned to the case granted her request to live semi-independently with a school friend and her family (called by the judge the host family) until she reaches the age of 18 (her majority). Her parents were accorded permission to have limited contact with her. This case represents an example of the difficulties involved when balancing the rights of a teenager against those of the parents in matters of socio-cultural practice and belief. In a multi-cultural society such as South Africa the case raises numerous serious questions for other families. For instance, what standards will a court use to determine if parents are too conservative in bringing up their children and what factors will be taken into account? How much freedom and autonomy should children be given? How will courts prevent children from misusing the system just to get what their friends have, and - the ultimate question - are the rights of children superior to the traditional rights of parents in matters of socio-cultural practice, with specific reference to their upbringing? In this context it is the aim of this contribution to focus primarily on the questions asked above. Possible solutions for striking a balance between the rights of children and their parents are explored. The submission is made that the best interests principle is still the most important factor to be taken into account when balancing or weighing competing rights and interests concerning children. The principle of the best interests of the child, the founding principle of children's rights, however, is anchored in the family, and any break between the two should be carefully considered. It is concluded that in an attempt to resolve disputes between parents and their children the relevant provisions of the Constitution and the Children's Act must be considered and must be balanced and tested in relation to each other for constitutional consistency and compliance. It is also submitted that caution should be taken by the legislative framework not to encourage children to break the parent-child relationship on a mere whim, as an overemphasis of children's rights might result in the dilution of the sense of the value of the family in society.
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Ndimurwimo, Leah A., and Molya Vundamina. "The Protection of Refugee Children in Africa: Post-Convention on The Rights of The Child." Fundamina 2021, no. 1 (2021): 33–66. http://dx.doi.org/10.47348/fund/v27/i1a2.
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The plight of refugees is currently one of the concerning global human rights issues. The refugee population is largely comprised of women and children who become displaced during armed conflicts; this is because the majority of persons killed or who become victims of forced disappearance are men. Forcibly displaced children face direct physical threats, as well as a variety of health-related problems. Although forcibly displaced children generally include those who are not refugees, this contribution is only concerned with refugee children. Refugee children are vulnerable to different types of abuse and exploitation, and often become the target of discrimination, sexual exploitation and social marginalisation in the refugee transit camps and countries of exile. Although the Convention on the Rights of Child, 1989 was adopted to protect children’s rights worldwide, the true impact of these provisions remains uncertain. This contribution examines the extent to which the adherence to the Convention on the Rights of the Child is promoted in Africa. This study compares the situation in South Africa, Tanzania and Zambia to pinpoint the legal and practical challenges that face refugee children in those countries. The contribution concludes with recommended solutions for effectively protecting and promoting refugee children’s rights in Africa.
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Bhana, Deevia. "The (Im)possibility of Child Sexual Rights in South African Children's Account of HIV/AIDS." IDS Bulletin 37, no. 5 (October 2006): 64–68. http://dx.doi.org/10.1111/j.1759-5436.2006.tb00304.x.
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Skelton, Ann. "Child Justice in South Africa: Application of International Instruments in the Constitutional Court." International Journal of Children’s Rights 26, no. 3 (August 6, 2018): 391–422. http://dx.doi.org/10.1163/15718182-02603003.
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International law provides rights, rules and principles that guide the manner in which children in conflict with the law should be treated. When children’s rights are violated, this international law framework can be used by lawyers and courts to identify the nature of the violation and determine the remedies that must be taken to redress the harm and alter law or practice to ensure such breaches are avoided in the future. This article describes the international framework and its effective application in the South African courts, through a discussion of four Constitutional Court cases dealing with children in conflict with the law. The article discusses the arguments that were advanced in the cases and illustrates the litigation strategies that were employed. The case discussions explore the extent to which the international law was applied, directly or indirectly, by the courts, and assess the jurisprudential and practical impact of the international instruments.
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Vivian Moraa Nyaata. "Situating children in divorce mediation in South Africa and Australia: A comparative study." Journal of Policy and Development Studies (JPDS) 1, no. 1 (August 26, 2022): 30–41. http://dx.doi.org/10.51317/jpds.v4i1.226.
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This study focuses on situating children in divorce mediation in South Africa and Australia. This study investigates how South Africa and Australia have domesticated and are implementing relevant international laws and policies that allows hearing the voices of children in divorce mediation. This study found that South Africa and Australia do not have specific legislation that provides hearing in the child's voice in divorce mediation. However, the Australian government funds on-going research to improve the hearing of a child's voice in divorce mediation. Aided by government funding, Australia has developed unique techniques to listen to the child's voice during divorce mediation. The special priority afforded to children’s rights in South Africa and Australia is justified under the Capabilities approach cost-effectiveness principle because it prevents a spiralling need for state intervention later in the lives of its citizens. Some of the techniques used by the Australian government go beyond the requirements of the UNCRC and ACRWC. For example, some FRCs employ technology to screen for child abuse before hearing a child's voice in divorce mediation. Like the Office of the Family Advocate in South Africa, FRCs use a teamwork approach where child consultants and mediators work together to listen to the child's voice during divorce mediation.
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Mwambene, Lea, and Roberta Hlalisa Mgidlana. "Should South Africa Criminalise Ukuthwala Leading to Forced Marriages and Child Marriages?" Potchefstroom Electronic Law Journal 24 (October 4, 2021): 1–27. http://dx.doi.org/10.17159/1727-3781/2021/v24i0a9423.
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In 2014 the South African Law Reform Commission (SALRC)released a Discussion Paper on the practice of ukuthwala. TheDiscussion paper was revised and released again in 2015 toinclude public consultations and the proposed Prohibition ofForced Marriages and Child Marriages Bill (Prohibition Bill). TheProhibition Bill introduces an expanded crime of forcedmarriages and child marriages, including because of ukuthwala.In view of the SALRC's proposed Prohibition Bill, this paperinvestigates whether South Africa should criminalise ukuthwalaor not. The paper also examines the advantages anddisadvantages of criminalising breaches of ukuthwala in theprotection of women and girls affected by the practice by drawingupon the field research findings from the community where theS v Jezile 2015 2 SACR 452 (WCC) case originated. Amongother findings, the field research show that the practice ofukuthwala is deeply rooted in the communities where it is stillprevalent to the extent that the approach taken by the ProhibitionBill, expecting the victims to report their own parents or familymembers to law enforcement agents, might force the practice togo underground. Ultimately, we suspect that this might make itmore difficult to protect women and children's rights violationsassociated with ukuthwala. We therefore recommend that toeffectively address the malpractices surrounding ukuthwala, theprocess of law reform look at the elements of ukuthwala, theprocedure that is followed, appreciate the cultural significance ofthe practice, as well as understand the merits and demerits ofthe customary delictual claims that are already used bycommunities where processes of the practice have beenbreached. In this way, communities will be more receptive to anygovernment's efforts that are aimed at addressing forced andchild marriages linked to ukuthwala. In addition, we submit thatunless government prioritises awareness campaigns into thecommunities that are going to be affected by the proposed lawreform, such law, will again be what Himonga calls "paper law".
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Bulger, Monica, Patrick Burton, Brian O’Neill, and Elisabeth Staksrud. "Where policy and practice collide: Comparing United States, South African and European Union approaches to protecting children online." New Media & Society 19, no. 5 (January 16, 2017): 750–64. http://dx.doi.org/10.1177/1461444816686325.
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That children have a right to protection when they go online is an internationally well-established principle, upheld in laws that seek to safeguard children from online abuse and exploitation. However, children’s own transgressive behaviour can test the boundaries of this protection regime, creating new dilemmas for lawmakers the world over. This article examines the policy response from both the Global North and South to young people’s online behaviour that may challenge adult conceptions of what is acceptable, within existing legal and policy frameworks. It asks whether the ‘childhood innocence’ implied in much protection discourse is a helpful basis for promoting children’s rights in the digital age. Based on a comparative analysis of the emerging policy trends in Europe, South Africa and the United States, the article assesses the implications for policymakers and child welfare specialists as they attempt to redraw the balance between children’s online safety while supporting their agency as digital citizens.
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Rautenbach, IM. "Regspraak: Die konstitusionele hof verwyder die reg van werknemers om nie onbillik ontslaan te word nie uit die beskermingsveld van die handves van regte – grondwetlike gesigspunte." Tydskrif vir die Suid-Afrikaanse Reg 2021, no. 1 (2021): 145–59. http://dx.doi.org/10.47348/tsar/2021/i1a9.
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Section 39(2) of the Constitution of the Republic of South Africa, 1996, recognises the existence of rights not protected in the bill of rights. The South African bill of rights protects human conduct and interests extensively. Before the AMCU judgment was delivered, no clear example of a right not protected by the bill of rights had been identified in case law and legal literature. In the AMCU case the constitutional court deviated from previous judgments by holding that the interests of employees not to be dismissed unfairly is not covered by the right to fair labour practices in section 23(1) of the constitution. The court based its finding on textual and contextual interpretive considerations. Its interpretation of section 23(1) was not sound. A narrow, grammatical approach, namely that the text of section 23(1) does not refer expressly to such a right, cannot be followed when the meaning of open-ended constitutional phrases like “fair” labour practices is determined. And an extra-textual reference to the protection of the right in ordinary law is not relevant when the meaning of a constitutional provision is determined. Aspects of human dignity and physical and psychological integrity cannot be removed from the protective ambit of the bill of rights because they are protected by ordinary rules of the law of delict and criminal law. Viewed contextually with the other provisions of the bill of rights, the constitutional right to fair labour practices, like the right to access to housing, food, health and social services, children’s rights and criminal and civil procedural rights, protects other constitutional rights in a particular field, in this case in the field of labour relations. Apart from the fact that it can hardly be contested that every employee has a vital interest not to be dismissed unfairly, many other rights, for example, to human dignity, physical and psychological integrity, economic activity, association and audi alteram partem, may be limited factually by dismissals and dismissal procedures. The scheme and ethos of the South African bill of rights is that these special rights that overlap with the general rights are guaranteed separately. Within this context one of the ironies of the artificial exclusion of a right from the protective ambit of the special right is that its violation may, like in systems without these special rights, be challenged on the basis of the unjustifiable limitation of the general rights. A rule of thumb that the protective ambit of constitutional rights should be interpreted restrictively because the application of the weak rational relationship test as part of the rule of law serves the separation of power principle better than the application of the stricter reasonable test for the limitation of constitutional rights (in the separate concurring judgment of Theron J) is questionable. Whereas legality as part of the rule of law is always complied with when the weak rationality relationship exists, reasonableness in terms of section 36 does not always amount to the application of a stricter test. The existence of a very compelling purpose (to combat a pandemic that threatens life and limb) or a factually slight limitation of a right (to stop at a stop sign) could be the basis of a conclusion that the limitation is justifiable when the weak rational relationship test is complied with. The court’s consideration of proportionality under the umbrella of the application of the weak rational relationship test causes more uncertainty in the present somewhat unruly field of the application of rationality tests.
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Ndjouma Wedjou, Maurice. "Inclusive Education: The Forms of Violation of Children’s Rights and School Dropouts in the Kadey Division: East Region of Cameroon." International Journal of Scientific Research and Management 8, no. 04 (April 2, 2020): 1268–75. http://dx.doi.org/10.18535/ijsrm/v8i04.el01.
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Article 8 of the African Aspirations for 2063 stipulates that the African people are confident that their countries have the ability and competence to realize or accomplish their full potential in development, culture, and peace. The vast majority of countries in Africa have worked toward establishing flourishing, inclusive, successful and prosperous societies by eradicating any forms of violation of children’s rights (African Union Commission, 2015). Nevertheless, violation of children’s rights remains present in most developing countries including the country of Cameroon. This research aims to explore the forms of violation of children’s rights having a dramatic incident in school attendance in the Kadey Division of Cameroon, East Region of Cameroon. This research work is inductive, values bias and uses the grounded theory of the qualitative method approach. 15 participants have been selected from 3 major focused groups of different stakeholders in the Kadey Division, East Region of Cameroon. The theoretical saturation code was used to explain the relevance of the sample size. Data were examined using the open, axial, and selective coding processes. The results were tested for internal and external validity based on credibility, dependability, conformability, and transferability consideration. The philosophical focused on subjectivism ontology and interpretivism perspective. The study is an investigative case study model. The study showed that the forms of violation of children’s rights in the Kadey division include the recruitment and use of children, the denial of humanitarian access, the sexual violence against children and the killing and hurting of children. This study encourages school leaders in the Kadey Division to acknowledge that schools are not meant to function apart from the local community. Promoting strong collaborative work ethics between the major educational stakeholders may help prevent and reduce violence against children within and outside the school milieu and therefore duplicate school attendance. (UNICEF Regional Office for South Asia, 2016).
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Louw, Anne. "The Constitutionality of a Biological Father's Recognition as a Parent." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 13, no. 3 (June 19, 2017): 155. http://dx.doi.org/10.17159/1727-3781/2010/v13i3a2688.
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Despite the increased recognition afforded to biological fathers as legal parents, the Children's Act[1] still does not treat fathers on the same basis as mothers as far as the automatic allocation of parental responsibilities and rights is concerned. This article investigates the constitutionality of the differential treatment of fathers in this respect, given South Africa's international obligations, especially in terms of the United Nations Convention on the Rights of the Child, to ensure that both parents have common responsibilities for the upbringing of their child. After a brief consideration of the constitutionality of the mother's position as parent, the constitutionality of the father's position is investigated, firstly, with reference to Section 9 of the Constitution and the question of whether the differentiation between mothers and fathers as far as the allocation of parental responsibilities and rights is concerned, amounts to unfair discrimination. The inquiry also considers whether the differentiation between committed fathers (that is, those who have shown the necessary commitment in terms of Sections 20 and 21 of the Children's Act to acquire parental responsibilities and rights) and uncommitted fathers may amount to discrimination on an unspecified ground. Since the limitation of the father's rights to equality may be justifiable, the outcomes of both inquiries are shown to be inconclusive. Finally, the legal position of the father is considered in relation to the child's constitutional rights – the rights to parental care and the right of the child to the paramountcy of its interests embodied in Section 28 of the Constitution. While there appears to be some justification for the limitation of the child's right to committed paternal care, it is submitted that an equalisation of the legal position of mothers and fathers as far as the automatic acquisition of parental responsibilities and rights is concerned, is not only justified but imperative if the constitutional rights of children are to be advanced and protected.[1] 38 of 2005.
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Goluboff, Risa L. "“Won't You Please Help Me Get My Son Home”: Peonage, Patronage, and Protest in the World War II Urban South." Law & Social Inquiry 24, no. 04 (1999): 777–806. http://dx.doi.org/10.1111/j.1747-4469.1999.tb00405.x.
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During World War II, young African Americans from southern cities left their homes for what appeared to be patriotic job opportunities harvesting sugar cane in Florida. When returning workers described peonage and slavery instead, parents worried about their children's safety. After attempting to contact their children directly, the parents appealed to the federal government. Their decision to mobilize the federal government and the strategies they used to do so reveal important aspects of wartime African American protest that historians have previously overlooked. This article focuses on families instead of atomized individuals, revealing the importance of families, neighborhoods, and communities to the emergence of rights consciousness. It also complicates the historiographical dichotomy between rights consciousness and patronage relationships. Patrons served as liaisons with law enforcement agencies and provided links to a law-centered rights consciousness. For many historians, until protest exits the realm of patronage ties, it is not really protest, and once interactions with government themselves become bureaucratized they cease to be protest any longer. The efforts of the peons' families challenge both ends of this narrow category of protest; they both used patronage relations to lodge their protests and also forged rights consciousness within the legal process itself.
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Ngema, Nqobizwe Mvelo. "The Enforcement of the Payment of Lobolo and its Impact On Children’s Rights in South Africa." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 1 (April 26, 2017): 404. http://dx.doi.org/10.17159/1727-3781/2013/v16i1a2316.
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Various communities in South Africa practise the custom of lobolo (payment in kind or cash by a prospective husband or the head of his family to the head of the prospective wife’s family in consideration of a customary marriage). These communities may be divided into two groups, those practicing theleka (the withholding of a wife by her father or guardian from her husband to coerce him to pay the outstanding lobolo) and those that do not. In the communities practising theleka the amount of lobolo is not fixed and the father or guardian of the wife may from time to time theleka the wife and demand one to three head of cattle from his son-in-law. The wife and her children, if there are any, may be held by their maternal grandfather until the payment of lobolo has been met. The main issue this article examines is whether the custom of theleka impacts on the custody of children or not. It also examines the concept of the best interests of the child and finds that theleka custom in its current form does impact on the custody of the child and conflicts with the child’s best interests. The article suggests that theleka custom needs to be developed to conform to the Constitution. It also examines whether or not the custom of theleka constitutes abduction and family violence. The writer submits that it does not constitute abduction and family violence and advocates that theleka custom be allowed to continue.
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Mc Murray, I., and L. Jansen Van Rensburg. "Legislative and other measures taken by government to realise the right of children to shelter." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 7, no. 1 (July 10, 2017): 53. http://dx.doi.org/10.17159/1727-3781/2004/v7i1a2845.
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The Constitution of the Republic of South Africa , 1996 entrenches numerous socioeconomic rights. One of these socio-economic rights is contained in section 26 that grants everyone the right to have access to adequate housing and section 28 that grants every child the additional right to basic shelter among others. This article aims to examine the legislative and other measures taken by the state to realise the right to shelter of children. Firstly, the legislative measures taken specifically for the realisation of children's right to basic shelter as envisaged by section 28(1)(c) will be discussed. Thereafter attention will be drawn to those measures taken to ensure the progressive realisation of section 26. Section 26 provides everyone, including children, the right of access to adequate housing. Therefore, every measure taken to realise section 26 is indirectly applicable to the realisation of section 28(1)(c) and children's right to basic shelter. The conclusion may be drawn that most of the discussed legislative and other measures are aimed at realising everyone's right of access to adequate housing, this includes children. However, most of these measures make little mention of the specific right of children to basic shelter. It is regarded as inclusive in the overall application of the legislation. Once again, it must be stressed that these legislative and other measures, in order to comply with the standard of reasonableness, must regard the interest of children to be paramount. If such legislation does not provide for the interest of children as a vulnerable group, it can be argued that the relevant legislative measure is not constitutionally valid. It is submitted that national government must recognise the importance of the role of local government, and local government should increasingly assume policy-making and implementation powers in their area. This will go a long way to building local capacity to function as effective development facilitators. As far as the resource problem is concerned, corruption in municipalities should be eradicated, while municipal capacity to manage and mobilise resources must be enhanced. The importance of co-operative government cannot be over emphasised. Without an effective integrated plan of action, which includes cooperation between all three spheres of government, as well as the participation of civil society, especially people who are directly affected by the implementation of socio-economic rights, realising the right of children to shelter will only exist on paper.
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Bower, Carol. "The Plight of Women and Children." ANNALS of the American Academy of Political and Social Science 652, no. 1 (January 30, 2014): 106–26. http://dx.doi.org/10.1177/0002716213512086.
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Despite South Africa having ratified several international and regional women’s and children’s rights treaties, and having one of the most admired constitutions in the world, the plight of women and children after 20 years of democracy remains, in many respects, dire—especially in rural communities. South Africa is a deeply conservative and patriarchal society, with high levels of violence in general and gender-based violence in particular. It has failed to create sufficient employment opportunities and to sustainably address intergenerational poverty, the latter of which impacts most severely rural women and children. HIV/AIDS has wreaked its most adverse effects on women and children. This context is exacerbated by breakdowns in the health, education, justice, and security sectors; the relative inaccessibility of services (such as health care, schooling, and housing); and the frequently poor quality of services when they are available.
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Nikku, Bala Raju. "Children’s rights in disasters: Concerns for social work – Insights from South Asia and possible lessons for Africa." International Social Work 56, no. 1 (December 12, 2012): 51–66. http://dx.doi.org/10.1177/0020872812459064.
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