Browsing Faculty of Law by Author "Sloth-Nielsen, Julia"
Now showing items 1-20 of 47
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2 + 2 = 5? Exploring the domestication of the CRC in South African jurisprudence (2002-2006)
Sloth-Nielsen, Julia; Mezmur, Benyam Dawit (Brill Academic Publishers, 2008)South Africa commenced transition to a constitutional democracy with the adoption of an interim constitution in 1994, followed by national elections based, for the fi rst time, on universal adult suffrage. A justiciable ... -
The African children’s charter at 30: What implications for child and family law?
Sloth-Nielsen, Julia (Intersentia, 2021)This chapter examines the progress made and the difficulties encountered in the implementation of the African Charter on the Rights and Welfare of the Child (hereinafter the Charter) in the areas of children's rights and ... -
Assessing the impact: Mandatory and minimum sentences in South Africa
Sloth-Nielsen, Julia; Ehlers, Louise (Institute for Security Studies (ISS), 2005)The legislation passed in 1997 that provides for mandatory minimum sentences for serious crimes was recently extended for another two years. At the time, the aim was to reduce serious and violent crime, achieve consistency ... -
Benign accommodation? Ukuthwala, ‘forced marriage’ and the South African Children’s Act
Mwambene, Lea; Sloth-Nielsen, Julia (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 ... -
Children’s rights and parental authority: African perspectives
Sloth-Nielsen, Julia (Routledge, 2021)Traditionally, children in African societies were raised communally, with extended family members playing a vital role in child rearing and care. Social reality is playing a formative role in relation to family law and ... -
Cluster foster care: a panacea for the care of children in the era of HIV/Aids or an MCQ?
Gallinetti, Jacqui; Sloth-Nielsen, Julia (Stellenbosch University (SUNJournals), 2010)The ravages wrought by HIV/AIDS on child-care arrangements in the African context are well documented (Richter & Sherr, 2009; Sloth-Nielsen & Mezmur, 2008; Tsegaye, 2007; sources cited there). Notably, these constitute ... -
The constitutional family: developments in South African family law and jurisprudence under the 1996 Constitution
Sloth-Nielsen, Julia; Van Heerden, Belinda (Oxford University Press, 2003)The article reviews the process of liberalization of child and family law that has occurred since the adoption of South Africa's 1996 Constitution. Although the Constitution does not expressly protect the right to family ... -
Deprivation of children's liberty 'as last resort' and 'for the shortest period of time': how far have we come? And can we do better?
Sloth-Nielsen, Julia (Juta Law, 2013)Commencing with a brief historical overview of detention of children in South Africa, and legislative attempts to curb its use, this article reviews all forms of deprivation of liberty under the Child Justice Act 75 of ... -
A developing dialogue – children’s rights, children’s law and economics: surveying experiences from Southern and Eastern African law reform processes
Sloth-Nielsen, Julia (Tilburg University Schoordijk Institute, 2008)Law reform in southern and eastern African countries to domesticate the UN Convention on the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child (ACRWC), to synthesize common, civil and ... -
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
Sloth-Nielsen, Julia; Wakefield, Lorenzo; Murungi, Nkatha L. (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 ... -
A dutiful child: the implications of Article 31 of the African Children's Charter
Sloth-Nielsen, Julia; Mezmur, Benyam Dawit (Cambridge University Press, 2008)Each right has a corresponding duty. The African Children's Charter, under article 31, imposes a range of duties on children. Understandably, it could become contentious when an instrument on the rights and ... -
A foreskin too far? Religious, medical or customary circumcision and the Children's Act 38 of 2005 in the context of HIV/AIDS
Sloth-Nielsen, Julia (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 ... -
An ice-breaker: state party reports and the 11th Session of the African Committee of Experts on the Rights and Welfare of the Child: recent developments
Sloth-Nielsen, Julia; Mezmur, Benyam Dawit (Juta Law, 2008)During its 11th session, the African Committee of Experts on the Rights and Welfare of the Child held its first Pre-Session for the consideration of state party reports. This update highlights the work of the Committee ... -
(Illicit) transfer by De Gree
Sloth-Nielsen, Julia; Mezmur, Benyam Dawit (University of Western Cape, 2007)The decision of the Supreme Court of Appeal (SCA) in De Gree v Webb [2007] SCA 87 (RSA) is worthy of consideration for a number of reasons, reasons which do not include the prominent (emotive) media attention devoted to ... -
Incy wincy spider went climbing up again – prospects for constitutional (re)interpretation of section 28(1)(c) of the South African Constitution in the next decade of democracy
Sloth-Nielsen, Julia; Mbazira, Christopher (Nelson R Mandela School of Law, University of Fort Hare, 2007)INTRODUCTION: This article reviews the first decade of jurisprudence concerning interpretation of the rights enumerated in s 28(1)(c) of the Constitution of South Africa (the Constitution), commonly referred to as the ... -
Inter-country adoption from a Southern and Eastern African perspective
Sloth-Nielsen, Julia; Mezmur, Benyam Dawit; Van Heerden, Belinda (Washington & Lee Law School, Virginia, 2010)This paper reviews recent developments pertinent to inter-country adoption in Southern and Eastern Africa. In particular, it focuses on the tripartite roles of governments, the judiciary and the international community, ... -
Islamic kafalah as an alternative care option for children deprived of a family environment
Sloth-Nielsen, Julia; Assim, Usang Maria (Juta Law, 2014)The inclusion of kafalah of Islamic law in the United Nations Convention on the Rights of the Child is the first time an exclusively Islamic concept is recognised in a binding international instrument. The drafting of CRC ... -
The jurisdiction of the Regional Courts Amendment Act, 2008: some implications for child law and divorce jurisdiction
Sloth-Nielsen, Julia (Faculty of Law, University of the Free State, 2011)The promulgation of the Jurisdiction of the Regional Courts Amendment Act, 31 of 2008 (hereafter the JRCAA) in 62 large urban magisterial districts on 9 August 2010 (Women's Day) heralds a potentially drastic transformation ... -
"Just say sorry" Ubuntu and the Child Justice Act
Sloth-Nielsen, Julia; Gallinetti, Jacqui (PER (Potchefstroom Electronic Law Journal), 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 ... -
Just say sorry?" Ubuntu, Africanisation and the child justice system in the Child Justice Act 75 of 2008
Sloth-Nielsen, Julia; Gallinetti, Jacqui (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 ...