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Relocation decisions: do culture, language and religion matter in the rainbow nation?
(Centre for Family Law and Practice, London Metropolitan University, 2010)
This article turns to culture, language
and religion as constitutional constructs in South Africa,
in an attempt to clarify their importance generally. The
position prior to the Children’s Act is discussed. The article ...
A dutiful child: the implications of Article 31 of the African Children's Charter
(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 developing dialogue – children’s rights, children’s law and economics: surveying experiences from Southern and Eastern African law reform processes
(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 ...
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 ...
South Africa, the arts and youth in conflict with the law
(Intellect, 2007)
This paper describes the DIME (Diversion into Music Education) youth intervention program that originated in South Africa in 2001. DIME offers instruction in African marimba and djembe bands to juvenile offenders. Conceived ...
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 ...
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
(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 ...
Realising children's rights to legal representation and to be heard in judicial proceedings: an update
(Juta Law, 2008)
South Africa still has some way to go towards ensuring that children's rights to legal representation and to be heard are fully implemented in relation to judicial proceedings affecting them. Nonetheless, some emerging ...
Too little? Too late? The implications of the Grootboom case for state responses to child-headed households
(University of the Western Cape, 2003)
The article begins with an overview of the socio-economic context surrounding child-headed households and then discusses the constitutional obligations that rest on the state vis-a-vis children growing up in these settings. ...
Policy and practice in South African prisons: an update
(University of the Western Cape, 2005)
Julia Sloth-Nielsen points to challenges in the correctional system that South Africa's new constitutional democracy was faced with, including the deep-rooted militaristic tradition that needed to be replaced and the ...