Now showing items 21-30 of 163
Benign accommodation? Ukuthwala, ‘forced marriage’ and the South African Children’s Act
(Centre for Family Law and Practice, London Metropolitan University, 2011)
In this article, we evaluate the implications of the Children’s Act 38 of 2005 for ukuthwala. Ukuthwala is a practice whereby, as a preliminary procedure to a customary marriage, a young man forcibly takes a girl to his ...
Does the differential criterion for vesting parental rights and responsibilities of unmarried parents violate international law? A legislative and social study of three African countries
(Cambridge University Press, 2011)
The right to non-discrimination for all children is established in international human rights law. International children's rights law further provides for the common responsibility of parents for the maintenance of their ...
“One moment of extreme irresponsibility”: notes and comments on Humphreys v S and the volitional component of dolus eventualis in the context of dangerous or irresponsible driving
(University of the Western Cape, 2013)
The 2013 judgment of the Supreme Court of Appeal in Humphreys v The State has provided a measure of clarity as regards the application of the principles of dolus eventualis, particularly the volitional component thereof ...
A foreskin too far? Religious, medical or customary circumcision and the Children's Act 38 of 2005 in the context of HIV/AIDS
(University of the Western Cape, 2012)
This article analyses the legal framework surrounding male circumcision (infant and youth) in South Africa, having explained the requirements of international human rights law. Provincial legislation regulating traditional ...
Just say sorry?" Ubuntu, Africanisation and the child justice system in the Child Justice Act 75 of 2008
(North-West University, 2011)
In the midst of concerns about serious offences committed by young people, the Child Justice Act is the first formal legislative step to introduce restorative justice in South Africa, and promotes reconciliation and problem ...
Like running on a treadmill? The 14th and 15th sessions of the African Committee of Experts on the Rights and Welfare of the Child
(Juta Law, 2010)
The 14th and 15th sessions of the African Committee of Experts on the Rights and Welfare of the Child were held in November 2009 and March 2010 respectively. The Committee has considered more reports and issued its first ...
Book Review: Judith Still, Derrida and Hospitality: theory and practice
(Edinburgh University Press, 2013)
A book review of Judith Still, Derrida and Hospitality: theory and practice, (Edinburgh, Edinburgh University Press, 2010), 294 pp. ISBN 978-0-7486-4027-0
The role of constitution making and institution building in furthering peace, justice and development: South Africa’s democratic transition
(Oxford University Press, 2010)
The international community accepts that peace, justice and development are indivisible properties of human freedom and thus wants a more coordinated approach to post conflict recovery. Today, transitions to democracy are ...
Africa and the International Criminal Court
(Human Rights and Peace Centre, 2012)
Since the establishment and functioning of the ICC in 2002, the work of the ICC has generated a lot of debate, criticisms and controversy. This is largely due to the perception that, as far as the prosecution of cases ...
The role of sub-regional courts in the African human rights system
(Conectas Human Rights, 2010-12)
The development of sub-regional communities in Africa is not a new phenomenon, but the incorporation of human rights into their agenda is relatively new. In effect, REC courts have introduced a new layer of supra national ...