Thèses sur le sujet « Children’s rights law »

Despite Senegal’s ratifications of the UN Conventions CRC and the CEDAW, a noticeable discrepancy regarding secondary school attendance due to the pupil’s sex has been recognized in enrolment and fulfilment ratios. (www.unicef.org, 2011a) The main issue to be examined in this thesis was the teacher-students’ knowledge of girls’ right to education and their attitudes concerning the difference in pupils participating in secondary schools based on the pupil’s sex and how the matter is being addressed amongst teachers. Qualitative interviews were carried out amongst teacher-students at University of Cheikh Anta Diop, Dakar. We reflected upon the collected material mainly through theories of feminism and social constructivism, and moreover briefly through post-colonialism and structural functionalism, as well as in relation to previous research. We found that the respondents lacked deeper juridical knowledge concerning right to education. Overall the respondents expressed an ambiguity in their gender awareness, and their perception of girls’ education in relation to cultural traditions. The main obstacles for girls schooling were gender cultural traditions and socio-economic factors.

Doctor Legum - LLD
This thesis considers two jurisdictions, namely Malawi and South Africa, and attributes the problem to the lack of appropriate national implementation of the applicable human rights law by these states. Consequently, the study is based on the underlying assumption that one of the main ways of addressing this problem is for African states to undertake measures that comply with international standards for ensuring the appropriate national implementation of the applicable international human rights law.

The aim of this study is to highlight problems regarding the status of children in determining the granting of residence permits. Central to the study are the rules contained in the Swedish Aliens Act (2005:716) about hearing children in the course of proceedings and the child’s best interests. The rules are based on Articles 3 and 12 respectively, in the United Nations Convention on the Rights of the Child (CRC). They were introduced into the Swedish legislation in 1997, after an intense debate questioning whether Sweden was meeting its obligations under the Convention. The application in aliens matters has, however, continued to be criticized after the revision of 1997, especially in matters concerning children. In 2006 a new Aliens Act came into force, involving a shift in the handling of such matters from administrative authorities and the Government to a system where appeals are tried in administrative courts. The legislation also involves comprehensive changes concerning the material legislation. The question has been raised, however, as to whether these changes have had any vital impact concerning the general construction of the material regulation. The apparent gap between the legislator’s intentions and the application of the law raises questions about the limitations of law and how the spirit and intentions of the CRC have been implemented in the Aliens Act, and, in view of this, the limits of law. The study involves an analysis of the fundamental premises that the legislation and application rest on, the general provisions of the proceedings and the technical formulation and also the material content of these rules. There is also an analysis of the impact and function of the legislation in practical applications. The conclusion is that the legislation allows extensive scope for assessing the circumstances in each case. This is the case, particularly in matters concerning children. Nevertheless, in practical applications, children often become irrelevant; children are simply not the real focus of the laws that affect them. Key words: Children’s rights, residence permit, asylum, immigration, equality, feminist perspectives. Eva Nilsson, Juridiska institutionen, Umeå universitet, 901 87 Umeå.

Tyrimo tikslas yra aptarti vaiko teisių galimus pažeidimus ir prevenciją internetiniuose socialiniuose tinkluose. Magistro darbe analizuojamas vaiko teisių pažeidimų internetiniuose socialiniuose tinkluose prevencijos organizavimas ir įgyvendinimas gimnazijoje, siekiant išsiaiškinti esamą situaciją, kad būtų imtasi konkrečių veiksmų plano. Tyrimas buvo organizuojamas 2012 metų gruodžio 17-21 dienomis. Anketinės apklausos metodu ištirti 170 gimnazijos I ir II klasės mokiniai (iš jų 88 pirmokai ir 82 antrokai) bei 35 pedagogai ir kiti gimnazijos darbuotojai, dirbantys šioje gimnazijoje. Tyrimo rezultatai parodė, jog gimnazistai suvokia internetinių socialinių tinklų grėsmes, dažnai su jomis susiduria pažeisdami savo teises. Šios grėsmės internete juos neramina, o susidūrę su jomis jie linkę apie tai niekam nepasakoti. Mokiniai jaučiasi turį pakankamai žinių ir įgūdžių bendravimui internete, gebėjimų siekiant užtikrinti saugų darbą internete. Atlikta tyrimų rezultatų analizė atskleidė šiuos vaiko teisių pažeidimų internetiniuose socialiniuose tinkluose prevencijos gimnazijoje organizavimo ypatumus: gimnazijoje vis dėlto nepakankamai vykdoma įtaigi prevencinė veikla, gimnazijos bendruomenė šviesdama mokinius apie jų saugų darbą internete apsiribojama gimnazistų paviršutinišku informavimu ir švietimu, ne visi pedagogai šviečia ir informuoja mokinius apie jų saugų darbą internete. Aktyviausiai prevenciją vykdo dalykų pedagogai, integruotų pamokų ir klasės auklėtojai organizuotų... [toliau žr. visą tekstą]
Research objective is to review violations of children’s rights in online social networks. In MA thesis there is being analysed the prevention management and implementation of violations of children‘s rights in gymnasium having the aim to clarify a present situation in order the efficient action plan to be created. The research was conducted 17-21 December in 2012. Using the method of questionnaire survey there were interviewed 170 gymnasium‘s first and second graders (out of them 88 first graders and 82 second graders), 35 teachers and other employees who work in this gymnasium. Research outcome showed that gymnasium students realise threats of social networks and face them violating their rights. These threats on the Internet make them feel anxious and while facing them they are tend not to talk to anybody. Students feel quite confident in having knowledge and skills to communicate on the Internet and abilities to ensure safe work online. The analysis of research findings revealed particularities of prevention management in the gymnasium concerning violations of children‘s rights in social networks: impellent prevention activity is not sufficient enough in the gymnasium; the gymnasium community educating students about their safe work online narrow to shallow spreading of information and education; not all teaching staff educate and inform students about their safe work online. The most active prevention is organised by subjects’ teachers during integrative lessons and... [to full text]

This thesis concerns the implementation of the Convention on the Rights of the Child (‘the CRC’) in Indonesia: The chasm between theory and practice. Despite the enactment of several laws and regulations aimed at protecting the rights of the child, Indonesia’s implementation of children’s rights remains very limited. The theme of this thesis is that, despite the existence of adequate written laws, a state can fail to achieve an effective implementation of human rights, as exemplified by Indonesia. This thesis will focus on the impact of the rule of law on the holistic well-being of children, a group that Indonesia has acknowledged plays ‘a strategic role’ and is in a ‘unique position [to ensure] the continued existence of the nation’. The development of the rule of law and its impact on the implementation of the CRC in Indonesia will be compared to Australia, a state where the CRC has been much better implemented. There is an inextricable link between the rule of law and human rights. The prevailing view is that the rule of law does not depend on written laws; the rule of law is more about the extra-legal aspects of a society, such as culture, socio-economic factors and political factors. In the absence of the rule of law, human rights can only be selectively implemented and enforced. The rights of the child are a global human rights issue, which is particularly pertinent to Indonesia, a nation with a poor record for implementing children’s rights. Children’s rights are well established in international law, largely due to the adoption of the CRC. The CRC has provided the greatest contribution to the field of children’s rights and will serve as the focus of this thesis. Apart from being the most universally ratified human rights convention in history, the CRC expressly recognises a range of children’s rights including civil, political, socio-economic and cultural rights. More importantly, the CRC shifted the responsibility for implementing children’s rights from parents and local communities to State Parties. The CRC is thus an advanced tool for assessing the standard of children’s rights internationally and for implementing change, and will be used to compare the current status of children’s rights in Indonesia and Australia. Arguably, the issue of children’s rights is complex and the implementation of children’s rights requires a multifaceted approach. This thesis will conclude with recommendations on how Indonesia can move forward to achieve a better implementation of children’s rights.

Den mänskliga rättigheten till en rättvis rättegång utgör en grundpelare i en rättsstat och regleras i såväl artikel 6 EKMR som 2 kap. 11 § 2 st. RF. Rätten till en rättvis rättegång i enlighet med både EKMR och RF tar sikte på att en rättegång dels ska genomföras inom skälig tid, dels att rättegången ska genomföras inför en oavhängig och opartisk domstol. För att rättigheten ska uppfyllas i enlighet med EKMR och RF, föreligger vägledning samt principer utformade av Europadomstolen som måste beaktas vid bedömningen om en rättegång bedrivits rättvis eller inte. Rätten till en rättvis rättegång kan omfatta flera olika element, varav ett av elementen är tillfredsställande handläggning. För att en rättegång ska uppfylla sitt syfte, krävs att rättegången genomförs under sådana former att parterna kan följa det som sker under förfarandet. Till bedömningen om en rättvis rättegång genomförts ska dessutom målets karaktär tas i beaktandet. Detta innebär att mål som förutsätter särskild skyndsam handläggning, till exempel ungdomsmål, särskilt måste uppfylla kraven i artikel 6.1 EKMR. Då barn anses utgöra en särskilt utsatt grupp krävs det speciellt skydd i syfte att värna om deras rättigheter. I BK stadgas barns rättigheter och konventionen är tillämplig på alla individer under 18 år. De stater som ratificerat BK måste således respektera konventionen och rapportera vilka åtaganden som vidtagits för att efterleva den. Barns rättighet att komma till tals och uttrycka sina åsikter tillfaller alla barn under 18 år och innebär att såväl domstolar som andra beslutsfattande organ måste anpassas i avsikt att inkludera barnen. Det kan till exempel handla om särskilda förberedelser för barn innan en rättegång och att anamma ett barnrättsperspektiv i syfte att genomsyra verksamheterna med en förankring i BK. Inom nationell rätt föreligger ett skyndsamhetskrav i ärenden som rör unga lagöverträdare och en allmänt vedertagen princip är att tiden mellan samhällets reaktioner och den unga lagöverträdarens brott bör vara så kort som möjlig. Samhällets inställning gentemot unga lagöverträdare ska även vara konsekvent och tydlig samt ska handläggningen av pedagogiska skäl bedrivas skyndsamt. I en rapport från Brå och i en granskning från Riksrevisionen har det framgått att det förekommer svårigheter i att leva upp till det lagstadgade skyndsamhetskravet för handläggning av ungdomsärenden i 4 § LUL. Riksrevisionen fann att den totala handläggningstiden är alltför långdragen. Polisen drar ut på tiden vid förundersökningen, åklagaren tar lång tid på sig att fatta beslut i åtalsfrågan och TR överskrider tidsfristen genom långdragna mål. Utöver det redovisade, förlängs handläggningstiderna ytterligare genom att socialtjänsten tar lång tid på sig att författa sina yttranden till TR. Europakommissionen har uttalat att i de fall en ung person är brottsmisstänkt, ska denna behandlas utifrån hans eller hennes ålder och mognad. Domstolsförfarandet måste således anpassas i avsikt att trygga den unges möjlighet att förstå och delta i rättegången. Om en ung person inte förstår förfarandet medför det att han eller hon inte kommer vara tillräckligt delaktig under rättegången, vilket påverkar den unges rätt att göra sin röst hörd och komma till tals i enlighet med BK. Unga lagöverträdare särbehandlas inom straff- och processrätt i förhoppning om att motverka att ungdomar identifierar sig som kriminella samt därigenom dras till ett umgänge med andra kriminella personer. Det finns även förhoppningar om att rättsprocessen ska fungera som en markör med en preventiv verkan. Brottmålsrättegångar är dock i huvudsak utformade av vuxna och för vuxna. Barn och unga brottsmisstänkta är således föremål för samma rättsprocess som vuxna utan någon faktisk anpassning efter deras ålder samt mognad. Under år 2002 gjorde Brå en utvärdering av reformen för påföljdssystemet beträffande unga lagöverträdare som trädde i kraft år 1999. Utvärderingen utmynnade i en rapport där Brå intervjuade sju ungdomar om deras upplevelser kring rättegången. Brå uppmärksammade särskilt två uppfattningar genom att lyssna till ungdomarna. De unga anförde att de inte alltid kände sig införstådda på hela förfarandet och på vad som sades samt att de inte ansåg sig komma till tals i tillräcklig stor omfattning. Uppsatsen undersöker huruvida unga lagöverträdares upplevelser av rättegångar kan anses vara stridande mot rätten till en rättvis rättegång och når slutsatsen att unga lagöverträdare inte får sin rätt till rättvis rättegång helt tillgodosedd. Rättigheten, som består av kriterierna skälig tid och oavhängig samt opartisk domstol, kan med anledning av bristerna som konstaterats i uppsatsen anses vara kränkt. Den oskäliga handläggningstiden i kombination med risk för att domare skapar sig förutfattade meningar om de unga tilltalade, kan anses strida mot rätten till en rättvis rättegång i enlighet med såväl EKMR som RF. I uppsatsen undersöks även domstolens möjlighet att förmedla de fundamentala straffrättsprinciperna till unga lagöverträdare i avsikt att åstadkomma en preventiv effekt mot ungdomskriminalitet. Till följd av att rättegångarna i huvudsak är utformade efter en vuxen person, blir slutsatsen att domstolen inte kan förmedla de fundamentala straffrättsprinciperna till unga lagöverträdare i tillräckligt hög utsträckning. Avsaknaden på ett barn- och ungdomsperspektiv under rättegångar kan därmed hindra att den preventiva straffrättsliga effekten gentemot ungdomskriminalitet vinner slagkraft. Det krävs att straffrätten uppfattas som trovärdig för att domstolen ska kunna uppnå en preventiv effekt gentemot ungdomskriminalitet; domstolens agerande och behandling av unga lagöverträdare är således en avgörande faktor i hur straffrätten uppfattas. De ungas upplevelser av rättegångar kan därmed indikera på att domstolen inte till fullo lyckas förmedla de fundamentala straffrättsprinciperna. I fråga om vilken effekt som unga lagöverträdares upplevelser av rätt rättegångar kan medföra, dras slutsatsen att en stor risk för stigmatisering och fortsatt brottsbenägenhet föreligger. Genom att försumma de ungas rättigheter under en rättegång, förblir risken stor att de lämnar rättssalen utan någon påverkan på deras framtida beteende. Sammantaget avrundas uppsatsens slutsats med att framhålla att det krävs mer forskning beträffande ungas upplevelser av rättegångar inom ramen för rätten till en rättvis rättegång. Mer forskning skulle resultera i en vidare inblick i den problematik som det nyliga nämnda innebär. Denna forskning bör vara väsentlig då det behandlar unga individer och deras framtid.
The human right to a fair trial is a cornerstone in a constitutional state and is regulated in both article 6 of the ECHR and in RF, the Swedish constitution chapter 2, paragraph 11, section 2. The right to a fair trial according to both the ECHR and RF requires that a public trial is to be held within a reasonable time and that the trial is to be held before an independent and impartial court. In order for the right to be met in accordance with the ECHR and RF, there are guidelines and principles formulated by the European Court of Human Rights, which must be taken into consideration when assessing whether a trial has been held fairly or not. In order for a trial to be assessed as fair, the minimum guarantees in Article 6.3 ECMR must be met. The right to a fair trial includes several different elements; one of the elements is fair dealing. In order for a trial to fulfill its purpose, it is required that the trial is held in such a way that the parties can follow what is happening during the proceedings. In the assessment of a fair trial, the type of the trial has to be taken into consideration. This means that trials that require special urgent procedures, such as trials concerning juvenile offenders, must especially meet the requirements of article 6 of the ECHR. Children are considered a particularly vulnerable group and are therefore in need for special protection in order to guard their rights. The UN Convention on the Rights of the Child (the Child Convention) regulates children's rights and applies to all individuals under the age of 18. The states that have ratified the Child Convention, must respect the Convention and give an account of the commitments that have been made to comply with it. A child’s right to speak and express its views applies to all children and means that both courts and other decision-making intuitions must be adapted for the purpose of including the children. This could for example include special preparations for children. According to Swedish national law there is an urgency requirement in cases involving juvenile offenders and the time between reactions from society and the juvenile’s crime should be as short as possible. Both a report from Brå and a review by Riksrevisionen, has shown that there are difficulties in complying with the urgency requirement for dealing with youth cases in 4 § in LUL. The European Commission has stated that in cases where a young person is suspected of a crime, the trail should be adapted according to his or her age and maturity. The court procedure must therefore be adapted in order to ensure the young person's ability to understand and participate in the trial. If a young person does not understand the procedure, he or she will not be involved during the trial, which affects the right of the young person to have his hear voice heard and speak in accordance with the Child Convention. Young offenders are treated differently in criminal and procedural law in the hope of preventing young people from identifying themselves as criminals. Criminal proceedings are however, mainly designed by adults and for adults. Children and juvenile offenders and victims of crime are therefore subject to the same legal process as adults without any actual adaptation. In 2002, Brå interviewed seven young people about their experiences of the trial. Attention was drawn to two perceptions by listening to the young people. The young people said that they did not always feel fully aware of the whole procedure and what was said and that they did not consider themselves being heard during the proceedings. This essay investigates whether juvenile offenders’ experiences of their trials can be regarded as conflicting with the right to a fair trial. The essay reaches the conclusion that juvenile offenders do not get their right to a fair trial fully met. The right consisting of the criteria of reasonable time and independent and impartial court may, as a result of the faults found in the essay, be considered to be violated. The unreasonable processing time combined with the risk that judges create prejudiced opinions about the young offenders can be considered to conflict with the right to a fair trial in accordance with both the ECHR and RF. The essay also studies the Court's ability to communicate the fundamental principles of justice to juvenile offenders in order to achieve a preventive effect against juvenile crime. The conclusion is that the trials are mainly designed for adults, which can result in difficulties for the court in communicating the fundamental criminal justice principles to juvenile offenders. The neglect of a child and youth perspective during trial may therefore prevent the preventive criminal justice effect against juvenile crime. Concerning the effect of trial for juvenile offenders, the conclusion is that there is a high risk of stigmatization and continued crime. By neglecting the rights of the young people during a trial, the risk remains high that they leave the courtroom without any effect on their future behavior. All in all, the essay finds that more research is needed on the experiences of juvenile offenders in the context of the right to a fair trial. More research would result in a larger insight into the problem.

Forskning visar att barn har svårt att komma till tals i familjerättsliga processer. Syftet med studien var att undersöka familjerättssekreterares erfarenhet av att tillförsäkra barn rätten att komma till tals och få inflytande i vårdnad-, boende- och umgängesutredningar. Kvalitativa intervjuer genomfördes med åtta familjerättssekreterare och resultatet analyserades med IPA, en fenomenologisk forskningsansats. Familjerättssekreterare upplever att barnsamtal är givande och viktigt, de träffar alla barn i utredningarna och är lyhörda för enskilda barns behov men barns delaktighet varierar till följd av exempelvis kommunikationssvårigheter. Ramar, riktlinjer och förutsättningar för utredningsarbetet försvårar delvis barns delaktighet, barnsamtal efter utredarnas bedömning eller uppföljningssamtal genomförs därför inte i vidare hög grad. Ett komplext utredningsarbete framträder som inkluderar ett tolkningsarbete av barnets utsaga, exempelvis med syfte att skydda barnet. En efterfrågan av utbildning i barnsamtal och tolkning av barns utsagor framkommer. Slutligen diskuteras behovet av metoder för att förstärka och säkerställa barns delaktighet, exempelvis diskuteras särskilda biträden till barn.
The aim of the study was to explore how social workers in family law experience their commitment to ensure children's participation in investigations of custody, residence and contact. Qualitative interviews were made with eight social workers in family law and the results were analyzed with IPA, a phenomenological approach. Social workers meet all children in the investigations and they are perceptive of children's specific needs, but children's participation varies due to communication trouble. Policy's and conditions of the work of investigation obstruct children's participation, hence children do not get the opportunity to hear the evaluation or to follow up the court ruling in higher extent. A complex work of investigation appears that includes a work of construction of children's statement in the purpose of protecting the child. A request for education in children's interview and construction of children’s statement emerges. The study ends by discussing methods to enhance and ensure children’s participation.

The present thesis explores intersectional and institutional conditions for counteracting domestic violence in the Swedish welfare state. Empirically, the study focuses on professional discourses and practices concerning fathers’ violence against mothers and children in the context of separation, in three domains of practice: 1) Children’s education; 2) Disputes concerning custody, contact and residence; and 3) Welfare benefits such as financial aid. Theoretically, the study draws on feminist political theory and sociology, childhood studies and critical race studies. The empirical material consists of court orders and interviews with staff and victimised mothers. Two main social processes that undermine implementation of children’s rights are identified and discussed: Familialisation and selective repression. The thesis is based on four articles: Article I, (Skolan, familjerätten och barnen) School, family law and children exposed to violence, explores how staff at school and preschool understands their professional task, when in encounters with children in difficulties due to family law proceedings. The results suggest that two competing perspectives shape staff understandings of risks, solutions and violence. When arguing from the child’s rights’ perspective, the staff prioritises children’s safety and participation, while an upbringing perspective tends to construct violence mainly as a problem of order, with disquieting implications for vulnerable children. Article II, (Pedagoger i det sociala uppdragets gränstrakter: Att hantera familjerättsliga processer, hot och våld)Pedagogues in the borderland of their social task: Dealing with family law proceedings, threats and violence, investigates strategies used by preschool and school staff, when encountering gendered conflicts and violence between parents. How do the staff cope with their own and children’s vulnerability? An analytical model of six types of proactive and reactive strategies, ranging from keeping distance to normalisation of own vulnerability, is utilised in the analysis and discussed in relation to organisational and professional circumstances and intersecting social relations of inequality. Article III, Contact and evaluations of violence: An intersectional analysis of Swedish court orders, examines obstacles to implementation of children’s rights in contested parental contact cases in which there are indications of violence. The analysis shows that the contact presumption is strong, and generally overrides protection. This norm applies even where there are convictions or explicit reports of child abuse or domestic violence. In cases with ‘non-Nordic’ fathers however, the contact presumption is less likely to override protection than in cases with ‘Nordic’ fathers. Article IV, Financial oppression and post-separation child positions in Sweden, deals with post-separation child positions in two domains of practice in the Swedish welfare state: Welfare benefits such as financial aid, and child contact. The area of concern is financial oppression in the context of parental separation. Findings suggest that financial abuse in the context of parental separation is a non-question in the domain of welfare benefits, and in the domain of child contact framed as a conflict between equal parties. The age order as a form of domination may be reinforced by the practice of both domains.

This thesis studies the role of international law in protecting the rights of marginalized groups and examines the case of street children as a group whose rights are not adequately protected. It argues that the omission of a reference to street children in international law is a contributing factor to the systematic violation of street children's rights. This discussion examines the concept of group and the meaning of group status in international human rights law. It links the notion of a "vulnerable group" to discrimination and discusses the required special measures and attention in applying the principle of non-discrimination. To illustrate this, the example of the right to education is employed to demonstrate the difficulty in applying international human rights law as it currently stands to street children. The right to education serves to illuminate the discrimination against street children and provides concrete meaning to the application of the principle of non-discrimination to specific groups. Therefore, the thesis examines the international rights of the child and all relevant binding and non-binding instruments to explain how particular provisions and principles may, constructively or adversely, affect the implementation of street children's right to education. The study finds that notwithstanding the apparent inadequacy of international law, relevant provisions have not been used optimally. An examination of the case study of Brazil confirms this, while underscoring the difficulty in linking norms and practice nationally and internationally. The discussion concludes that international law has the potential to better protect street children's right to education. By extension, the practical applications thereof extend to the rights of other groups that are not expressly covered at present. The key to this lies in exploring the role of human rights mechanism in teleologically interpreting human rights norms to determine, and monitor, state obligations towards specific groups.

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.

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.

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.

Although the concept of human rights is very much accepted as part of human existence throughout the world today, there is still much controversy surrounding the idea of rights for children. The Constitution, however, not only recognises the fact that like all other members of society, children are capable of being bearers of human rights but emphasises also the special position of children in society by granting them specific rights in the Constitution. Health rights are particularly important for children as the entitlements and obligations created by such rights are necessary for children to realise their full potential. In this thesis the entitlements and obligations attached to children'shealth service rights in the COnstitution are explored.

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.

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.

This dissertation will primarily involve desk-based research to examine those provisions of the Liberian Children's Law that refer to measures preventing the use of children in armed conflict, measures protecting children from being used in armed conflict as well as measures reintegrating children into society who have participated in such violence in their past in light of CRC standards. Reference will also be made to scholarly contributions on children's rights in postconflict societies, reports on and documentation of the condition of child rights in Liberia and the relevant international and regional human rights instruments including the International Convention on the Rights of the Child, the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Rome Statute of the International Criminal Court, and the African Charter on the Rights and Welfare of the Child. Among critiquing the Children's Law by comparing its standards to other international human rights instruments, feasibility of the Children's Law will be examined by considering 1) justiciability, 2) accessibility, and 3) enforceability as criteria indicating whether the Children's Law is a substantive document and proves effective in theory or not.

The purpose of this study is to investigate how South African and Swedish legislation as wellas case law regarding domestic violence and punishment against children is presented in bothlegal systems. Two methods are used as help to answer the two core questions in this thesis.The result of the study showed that the definitions of physical, psychological and sexual abusein both countries are listed as the same assaults and each country has an obligation to relocatechildren that have been exposed to those forms of violence. Many children in both countrieshave experienced some type of domestic violence during their childhood which makes theinstitutions whom work and have qualifications in questions regarding abused children toprotect them from all forms of violence and have to strive more in order to make a better livingfor the next generations forward. When it comes to decision making courts and authorities inboth countries have an obligation to always act in the child’s best interest which clearly appearsin both constitutions.

This thesis reviews the current understanding of autonomy rights of the child as communicated by the UN Convention on the Rights of the Child. It examines whether this conception is effective in achieving the fulfilment of the autonomy rights of the child, as well as in responding to the key challenges in the realisation of these rights within some jurisdictions. It proposes a critical look at the negotiations and drafting process of the Convention on the Rights of the Child in order to develop and foster a better appreciation of the basis of the current understanding and, therefore, the existing challenges in implementation. It suggests that there is a need to re-conceive the autonomy rights for children by integrating the notion of duties. Using the example of the Africa Charter on the Rights and Welfare of the Child (ACRWC), it explores the advantages of such an approach.
Cette thèse examine la compréhension courante des droits d'autonomie de l'enfant tel que transmise par la Convention relative aux droits de l'enfant de l'ONU. Nous examinons si cette conception est efficace dans l'accomplissement des droits d'autonomie de l'enfant ainsi que dans le contournement des obstacles à la réalisation de ces droits qui existent dans certaines juridictions. Cette analyse propose un regard critique sur le processus de négociation et de rédaction de la Convention relative aux droits de l'enfant dans le but de développer une meilleure appréciation des notions sous-jacentes à la compréhension courante et, par conséquent, des défis pour sa mise en oeuvre. Cette analyse propose qu'il y aurait un besoin de revoir et de reformuler les droits d'autonomie des enfants en intégrant la notion des devoirs. En utilisant l'exemple de la Charte Africaine des droits et du bien-être de l'enfant, ce texte examine les avantages d'une telle approche.

The harmful traditional practice of child marriage remains one of the main challenges towards the full realization and enjoyment of children's rights in Africa. In the sub-Saharan Africa alone, countries such as Malawi are faced with the problem of child marriage where as high as 40% of the women are married as children. Malawi has a substantive legal framework that affords protection and prohibits the harmful practice of child marriage. However, child marriages remain prevalent in Malawi where harmonisation of the laws is problematic. This has the effect of robbing the girl child of her childhood, access education and health among other rights that she is entitled. Addressing this problem in Malawi as a matter of urgency is crucial for the promotion, protection and realisation of children's rights, especially to the girl child. This study therefore conducts an analysis of the legal framework and contextual practice of child marriage in Malawi based on desk research of various laws in Malawi and literature. This analysis is premised on the understanding that human rights law within a legal framework plays a major role towards ensuring that young girls are protected from child marriage and its attendant consequences. This study has found that the laws of Malawi are not synchronised with each other especially with the Malawi Constitution with regard to protecting the rights. The case in point for instance is the recent passing of the Marriage, Divorce and Family Relations Act which reflects international and regional human rights standards, but is inconsistent with the Constitution of Malawi. It is recommended that Malawi should through the law address the practice of child marriage by amending the Constitution to remove any ambiguities. In this regard, creating a protective legal framework must not be done in vain. This should be supported by effective implementation of national development plans that aim to realise the rights of children, especially the girl child.

While the participation of children in armed conflict has been evident for some time, internal community mobilization on the issue is fairly recent. In 1993, the General Assembly of the United Nations adopted resolution 48/157 in response to a request by the Committee on the Rights of the Child.

At the present the Coalition to Stop the Use of Child Soldiers reports that approximately 300,000 children in over 40 countries worldwide are engaged in armed conflict. Of the estimated 300,000 child soldiers in the world, 120,000 can be found in Africa alone.
Apart from making them direct combatants, both governments and armed groups use children as messengers, lookouts, porters, spies able to enter small spaces, and even use them as suicide bombers and human mine detectors. In the due course of such use and abuse children are forced to kill or are themselves killed, sexually assaulted, raped, forced to become wives of the commanders, exposed to drugs and forced labour, showing the cross cutting nature and magnitude of the problem of child soldiers.

There are a variety of international legal standards which, at first glance, seem to give some direction and guidance in the protection of child soldiers. In spite of these legal instruments for the protection of child soldiers in Africa, however, much remains to be done as the problem is continuing at a larger scale every day and new challenges keep cropping up. This study will look into ways of addressing these problems in the context of Africa.

Therefore, in order to address the issue to the best possible level, the normative framework in place may need to be strengthened. Moreover, in an attempt to be comprehensive in addressing the problem, ways of dealing with child soldiers who have allegedly committed atrocities during armed conflict should be included. This piece explores how these issues could possibly be addressed to provide for protection to the child soldier in Africa.

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.

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.

Some worry has been expressed in human rights circles that the human rights archetype has for some time now, disproportionately preoccupied itself with the culture of rights and claims at the expense of individuals? duties and responsibilities. A claim is made that while rights are individualistic, self-seeking, unworldly, self-indulgent and anti-social, individual duties and responsibilities are collective, social, humane, nuanced and associated with correct traditional and social behaviour and human values. The language of rights has dominated the texts of bills of rights in constitutions, and international instruments, and many view this rhetoric as unproblematic. Others, however, consider the currency of that language as overlooking, with dire consequences to human society, the concept of duty as the missing link of human dignity. There have, accordingly, been calls for a renewed focus on individual duties and responsibilities in the human rights discourse. The question is whether focussing on individual responsibility is necessary to counterbalance what is viewed by some as a bias towards rights. Efforts to raise international consciousness of what is regarded as the limitation of a purely rights-based approach to human rights has been spearheaded by, among others, faith based organisations. These have advocated not only a more visible recognition of individual duties and responsibilities generally, but an international declaration of human responsibilities as a ?common standard for all people and all nations.? The calls being made are premised on, first, a view that a device in the form of an international declaration ? a set of international rules ? should be developed to change the current human rights architecture. This code of ethical obligations is necessary to guide and change individual behaviour. Second, a belief that greater emphasis should be laid on individual duty responsibility to supplement existing international human rights norms and standards, and finally, that human rights principles alone are inadequate for modern societies to regulate themselves well. With particular reference to perspectives from the African Charter based human rights system, this project interrogates these concerns regarding duties with a view to ascertaining whether there is justification in them. Using as a reference point the concept of duties in the African Charter and to a small extent that in the African Children's Charter, which represents the older ii and more established part of the African human rights system, the project concludes that although individuals? duties are important and deserve greater attention, there is no convincing case for the calls that are being made in this regard.
Thesis (LLD)--University of Pretoria, 2017.
Centre for Human Rights
LLD
Unrestricted

Uganda is Africa's largest refugee hosting country and third in the world with more than 1.25 million refugees as of June 2017. The majority of refugees there are children. Uganda's refugee regime and hospitality date back to the days of World War II, prior to the country's independence, when it hosted refugees from European countries. Since then, the country has generously continued to open its borders to anyone seeking international protection and assistance mainly from the conflict affected countries in the East, Horn and Great Lakes Region of Africa. In compliance with the 1951 UN Convention and its 1976 Protocol Relating to the Status of Refugees and the OAU 1969 Convention Governing the Specific Aspects of Refugee Problems in Africa, Uganda enacted the Refugees Act No.21 of 2006 and the Regulations Act of 2010 to effectively manage refugee needs. The increase in the number of refugees in Uganda amidst the limited resources at its disposal poses serious challenges in meeting its international obligation to safeguard the rights of refugee children's access to education. This thesis examines the country's responsibility under international law to protect, promote and fulfil the right to access education for refugee children, particularly aimed at understanding the challenges of provision of education to strengthen multi-level response. Research finds international and regional instruments sufficient for the protection and guarantee of education for children. However, the main refugee treaties fail to adequately provide the right to education for refugee children. The UN Convention Relating to the Status of Refugees has provision for education rights but makes no reference to refugee children while the OAU 1969 Convention Governing the Specific Aspects of Refugee Problems in Africa provides neither the right to education nor rights to children specifically. The analysis of Uganda's policy and laws on safeguarding refugee children's right to education revealed glaring shortfalls. The laws fail to provide adequate protection to refugee children's education rights. Notwithstanding the existence of an enabling legal and policy framework in Uganda that ensures access to education for nationals, refugee children continue to face legal and structural barriers in accessing post-primary education. The paper shows that both international and national laws guaranteeing the right to education for refugees limits the extent to which it is exercised. At national level, this is not only discriminatory but also inconsistent with the provisions of the Constitution of Uganda relating to education and child rights.

Since children are particularly vulnerable in armed conflicts, they are conferred legal protection under International law, like in the International Humanitarian Law and International Human Rights Law. Despite of international legislation, the situation of children remains critically worrying with numerous ongoing armed conflicts and instabilities globally. On the one hand, they are assumed special protection, yet on the other hand, they are commonly used as shields or forced into being combatants. The aim of the study is to outline legal areas of ambiguity or inadequacy in the legal framework and see whether they are sufficient in seeking to protect children in armed conflicts. Following relevant conceptual discussions on International Humanitarian Law and International Human Rights Law, the study employs a legal analysis in conjunction with a normative argumentation approach in reference to the works of various scholars. Based on the findings, I conclude that IHL and IHRL are often not adhered to, by state parties in armed conflicts due to a lack of binding power; hence such conventions do not produce the desired result. Since state parties are either in breach of the conventions, or have not yet ratified them, the conventions are not practically effective in protecting children.

Street children in Central America are largely denied protection of their human rights. They live in difficult situations of poverty, inappropriate work and neglect, and thus are not able to enjoy most of their rights and basic needs.
The international framework for children's human rights law, composed primarily of the Convention on the Rights of the Child and the principles inherent to it, can be described as based on a doctrine of integral protection, a notion developed primarily by Central American legal scholars. At the same time, however, most Central American states ignore their obligations to conform their domestic legislation to these standards.
This thesis is meant to provide Central American countries with guidelines captured by a model referred to as UPPP2. Its main objective is for States to acknowledge that the plight of street children needs to be understood; prevented by adequate domestic legislation; and requires protection by effective implementation and provision of justice.

"Internal globalization" has become a common phenomenon which, among other things, has increased the number of mixed-national couples due to the greater mobility of people and the globalization of trade and commerce. Unanticipated difficulties can follow from the breakdown of such relationships for both children and parents if the custodial parent leaves the family's former habitual residence with the child. This is especially true for the left-behind parent.
The starting point for this study was the discussion among experts as to whether an Additional Protocol to the 1980 Child Abduction Convention might resolve the inherent weak protection of access rights. To answer this question concerning the necessity of such an Additional Protocol, this thesis provides an overview of the relevant existing and future international legal frameworks that address child protection and parental responsibilities and shows the evolution in child law from a formerly neglected issue to a high-profile topic. (Abstract shortened by UMI.)

Children born in foreign territories to parents who are non-nationals are being deprived of the right to nationality, which in turn affects them from exercising other rights which are articulated in human rights instruments. When their births are not registered it means that they do not have birth certificates and in future they will be unable to acquire documents like identity documents and passports. Sometimes even if their births are registered, it is difficult for them to enjoy the other rights because national laws do not accommodate them. Even though all children's rights should be equally protected, this research will focus on children born to at least one parent who is an irregular migrant, and will analyse how this affects their access to the rights to education and health.

The main objective of this study is to investigate the practical treatment of Unaccompanied Minor Refugees (UMR) in Ghana and South Africa, and to explore whether such treatment is in accordance with existing international norms and standards for the protection of refugee children. The study will focus on the realisation of children’s socio-economic rights in order to measure treatment. This study also seeks to address the obstacles which prevent the full and proper treatment of UMR, and to make recommendations as to how the international community can better regulate the treatment of UMR. In essence, this paper aims to investigate whether there is a discrepancy between the rights of child refugees acknowledged in international law and the situation of UMR in practice, and, if so, how this can be remedied. This paper seeks to show, through the case studies of Ghana and South Africa, that UMR are, to a certain extent, lost in the system
A Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Mr E.Y. Benneh of the Faculty of Law, University of Ghana, Legon
http://www.chr.up.ac.za/
Centre for Human Rights
LLM

The global approach that pleads for the equality of all human beings and respect for human rights reaches children as well. Universal human rights should be awarded to all people and for all institutions, and, therefore, schools and children are no exception. Children's rights form an integral part of human rights. This study sets out to explore a management model to assist teachers in implementing children's rights. The study argues that schools are expected to be places of support and respect for children's rights. Instead, extreme violations take place in some schools. This occurs in spite of the children's rights laws that are in place. Most of the human rights transgressions are committed by teachers. The study offers a new approach for teachers to respect and promote children's rights in schools. The new approach is in the form of a model. A literature study and empirical research were undertaken, including national and international factors influencing children's rights. A number of serious gross violations were also explored. Qualitative focus groups and in-depth interviews formed the basis of the empirical research. Finally, a content analysis was conducted to categorise and evaluate data. The findings revealed that teachers still use corporal punishment, even if it is totally outlawed. Other violations discovered included the following: verbal abuse, sexual relationships with girl learners, failure by teachers to attend classes and failure to treat all learners equally. Recommendations in this study emphasise the need to train student teachers regarding human rights education. An induction programme for newly appointed teachers is viewed as ideal. Workshops are also recommended for both the teachers and Teacher Liaison Officers (TLO’s). The study finally identified areas in which further research should be done.
Thesis (PhD (Education Management))--North-West University, Potchefstroom Campus, 2013

This research reviews the application of the law on the right of refugee children to education and the challenges inhibiting this right. Radical changes in the legal framework protecting refugee children's right to education has occurred since South Africa became a democratic state in 1994. The enactment of international law into the 1994 Constitution contributed into the protection of various children right and insured equal access into the education system. However, refugee children have been prejudiced in the right to access education based on numerous challenges. The lack of access education for refugee children is an unconstitutional practice in schools rather than a legislative injustice. This paper uses journal reports, newspaper articles, academic writing on both national and international perspective on the infringement of education rights on refugee children. The findings provide clarity on unconstitutional practices and the legal standpoint on such practices. The right to education constitutes a valuable foundation for integration. South Africa is obligated by both national and international law to provide immediate education to refugee children.

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.

The thesis focused on how the advent of children's rights, in particular the Convention on the Rights of the Child (CRC), has impacted on the subject of juvenile justice and embarked on a practical examination of law reform in this regard in an African context. The focus was placed on a number of African countries that have embarked on or completed child law reform in the aftermath of ratification of the CRC. The case studies in this thesis were Ghana (1998-2003), Kenya (1993-2001), Namibia (1994 to date), Lesotho (2003 to date), South Africa (1997 to date) and Uganda (1992-1996).

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.

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.

This dissertation examines the plight of children in street situations in Tanzania. It also examines the obligations the State owes to children in street situations, what it has done to fulfil those obligations. It analyses the effectiveness and impact of the steps and actions undertaken to fulfil the obligations towards children in street situations.

Considéré depuis des siècles comme un sujet dénué de réflexion et d’autonomie, l’enfant comorien reste soumis à une protection spécifique communautaire. Celle-ci est complétée par une protection étatique inspirée des instruments juridiques relatifs aux droits fondamentaux de l’enfant qui la renforcent d’une manière constante. L’enfant comorien grandit dans une société multiculturelle, marquée par la pauvreté. La protection dont il bénéficie s’appuie à la fois sur les traditions éducatives propres aux Comores, et sur la modernité, représentée par les apports juridiques liés à la colonisation et à la ratification de textes internationaux. Notre thèse se propose d’analyser les droits de l’enfant comorien dans un contexte complexe, caractérisé par la pluralité des sources juridiques. De ce fait, nous avons choisi deux angles d’approche : d’une part, nous avons essayé d’analyser les droits de l’enfant en fonction de l’organisation de la société comorienne et des balises de la protection de l’enfant sur le plan de la juristique, de l’histoire du droit, de l’anthropologie, de la sociologie et de l’ethnologie. Ceci nous a également permis de réfléchir à la protection de l’enfant tout en tenant compte des deux systèmes (formel et informel). D’autre part, nous avons tenté d’analyser l’application de la CIDE dans une société multiculturelle dominée par l’oralité. Ont également été analysés les textes internes et internationaux, les acteurs de la protection de l’enfance et leurs failles. Cette étude prétend amener l’Etat et la société civile à réfléchir à un modèle optimal de protection qui mettrait en conformité le droit positif avec les conventions dûment ratifiées, tout en tenant compte des réalités du pays . Une telle hypothèse nous a conduite à proposer un réaménagement du droit positif en matière de droit de l’enfant afin de parvenir à une réforme tant législative que judiciaire et en conformité avec le droit international
Regarded for centuries as a subject devoid of any reflection, Comorian children are protected by a specific type of community protection. This is complemented by protection from the state which, inspired by the legal instruments relating to fundamental rights of the child, reinforces this community protection in a consistent manner. Comorian children grow up in a multicultural society, marked by poverty. The protection offered to these children is based on both the Comoros’ own educational traditions, and on modernity, represented by legal contributions related to settlement and ratification of international agreements. Our thesis analyzes the rights of Comorian children in a complex environment, characterized by a plurality of legal sources. Therefore, we chose two angles of approach. Firstly, we analyzed children’s rights based on the organization of the Comorian society and the markers of child protection in terms of legal sociology, history, law, anthropology, sociology, and ethnology. This also allowed us to reflect on the protection of children taking into account both formal and informal systems. Secondly, we analyzed the implementation of the CRC in a multicultural society dominated by the spoken word. We also analyzed domestic and international texts; actor’s involved in child protection, and their flaws. This study aims to have the state and civil society reflect on an optimal model for protecting children that would comply with ratified conventions, all while taking into account the realities of the country. This hypothesis led us to propose a reform of the law regarding children’s rights to achieve both legislative and judicial reform, all in accordance with international law

This dissertation will examine how an international and regional, legal and policy framework can be used to prevent continuing sexual exploitation and abuse by international and regional peacekeepers. It will examine what the different laws and policies contained within the framework currently articulate about sexual exploitation and abuse of women and children in peacekeeping settings, and evaluate their effectiveness at preventing this kind of misconduct. This dissertation will conclude by exploring how the effectiveness of the overall framework could be further improved.

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.

Child sexual abuse is a heinous crime. It consists of a variety of pernicious practices which include, but are not limited to, online child pornography, rape and incest. Globally, an estimated 15 million female adolescents have been coerced into sex during their lifetime, whilst the figure for boys is unknown.1 In many instances, this crime is perpetrated by those who are closest to the victims. Child victims may be severely traumatised and as a result become dysfunctional members of society. Child sexual abuse harms the very fabric of society and society thus pays a heavy price for continuing to tolerate this crime. As such, as this crime predominantly takes place behind closed doors and victims only very rarely report cases,2 a comprehensive legislative and policy approach must be adopted in order to effectively combat child sexual abuse. Legislators around the world as well as the international community must therefore make combating child sexual abuse a priority. However, the question arises whether there exist difficulties and weaknesses within international law which contribute to the persistent problem of child sexual abuse. Accordingly, this research probes whether international law accords adequate protection to the rights of the children and, if not, whether it fails to adequately protect children from sexual abuse. For this purpose, a detailed examination of relevant UAE laws is undertaken in the form of a case study. It is argued that international law has failed to clearly establish norms and also lacks enforcement mechanisms. The main international instrument, the Convention on the Rights of the Child, fails to determine the age of the child. Instead, it empowers domestic law to do this. Other shortcomings also limit the effectiveness of international law, particularly implementation issues. In the context of the UAE, the fundamental problem is that cultural values entrenched in Islamic criminal and family law have not shown an understanding of the child sexual abuse paradigm. Instead, the honour ideology has been reinforced.

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.

This research focuses on the role that International Human Rights Law, policy and legislation should play in the protection of the rights of internally displaced children against child marriage. This thesis examines international treaties and domestic laws that purport to prohibit the practice of child marriage with particular attention to laws relating to the protection of internally displaced children (IDPs).
Mini Dissertation (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2007.
Dissertation submitted to the Faculty of Law of the University of Pretoria, in partial fulfilment of the requirements for the degree of Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Dr Lana Baydas at the Department of Law, American University in Cairo, Egypt. 29 October 2007
www.chr.up.ac.za
Centre for Human Rights
LLM

South Africa's era as a constitutional democracy has coincided with the recognition of children as independent rights-holders within its legal system. Signature and ratification of the Convention on the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child (ACRWC) demonstrated the Republic's commitment to children's rights on the international stage. South Africa's Constitution features a dedicated section on children's rights, and enshrines the principle that the best interests of the child are ‘of paramount importance' in every matter concerning the child. Whereas Roman-Dutch and English law historically conceptualised children as their parents' property or as conduits of family property, children today enjoy enforceable legal rights to property and material support. South African law has decisively deemed the interests of children worthy of constitutional protection as legal rights. Children's rights encompass both their need for protection and their right to autonomy. In the celebrated words of Justice Sachs, in contemporary South Africa every child is to be ‘constitutionally imagined' as an individual with inherent dignity, ‘not merely as a miniature adult waiting to reach full size' or ‘a mere extension of his or her parents, umbilically destined to sink or swim with them.'