Browsing Research Articles (Faculty of Law) by Subject "Children's rights"
Now showing items 1-20 of 22
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2 + 2 = 5? Exploring the domestication of the CRC in South African jurisprudence (2002-2006)
(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 ... -
Cluster foster care: a panacea for the care of children in the era of HIV/Aids or an MCQ?
(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 ... -
Court support workers speak out: Upholding children's rights in the criminal justice system
(Institute for Security Studies (ISS), 2014)The prevalence of sexual offences against children in South Africa continues to be among the highest in the world. The quality and accuracy of a child's testimony is often pivotal to whether cases are prosecuted, and whether ... -
Dawn of a new decade? The 16th and 17th sessions of the African Committee of Experts on the Rights and Welfare of the Child
(Juta, 2011)The 16th and 17th sessions of the African Committee of Experts on the Rights and Welfare of the Child took place at the African Union Commission Headquarters in Addis Ababa, Ethiopia, in November 2010 and March 2011, ... -
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?
(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 ... -
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 ... -
Domestic courts and the promotion and protection of the right to freedom from torture in Southern African development community countries
(University of Fort Hare, 2013)The right to freedom from torture is protected not only in the constitutions of all SADC countries but also in some of the regional and international human rights instruments that have been signed, ratified or acceded to ... -
Domesticating international standards of education for children with intellectual disabilities: a case study of Kenya and South Africa
(Pretoria University Law Press, 2011)International law approaches the right to education for children with disabilities in a rather generic way. This means that the rights of children with intellectual disabilities have to be gleaned from the general ... -
Don't shout too loud: Reflections on the outrage against human and child trafficking
(Institute for Security Studies (ISS), 2010)Human and child trafficking is regarded as an international crime and serious human rights violation. However, the clandestine and transnational nature of trafficking makes it extremely difficult to apprehend or prosecute ... -
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 ... -
An evaluation of the adequacy of the African charter on the rights of the child concerning economic crimes in armed conflict
(University of the Western Cape, 2020)Statistics indicate that at least one in every four African children lives in a conflict zone. Six of the ten worst countries for children to grow up in, or live in, are in Africa: the Central African Republic, the Democratic ... -
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 ... -
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 ... -
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 ... -
Of newborns and nubiles: some critical challenges to children's rights in Africa in the era of HIV/AIDS
(Brill Academic Publishers, 2005)The international legal framework within which HIV/Aids issues should be addressed Both the UN Convention on the Rights of the Child (1989) and the regional charter for the protection and promotion of children's rights, ... -
Out of the starting blocks : the 12th and 13th sessions of the African Committee of Experts on the Rights and Welfare of the Child
(Juta Law, 2009)The 12th and 13th meetings of the African Children's Committee were held in November 2008 and April 2009 respectively. With the African Children's Charter entering its 10th year since entry into force, the real work of the ... -
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 ... -
Regional frameworks for safeguarding children: The role of the African Committee of Experts on the Rights and Welfare of the Child
(MDPI, 2014)This article discusses the safeguarding movement in the context of child protection. After providing it’s key principles and precepts, the relevant provisions of the African Charter on the Rights and Welfare of the Child ... -
The Sen-Nussbaum diagram of article 11(3) of the African Charter on the Rights and Welfare of the Child: Facilitating the relationship between access to education and development
(Scielo South Africa, 2021)The right to education is an infinitely important right, the benefits of which are boundless. In the case of children, this position is even more emphasised. The right to education has been described as a 'gateway right', ... -
Surveying the research landscape to promote children's legal rights in an African context
(Juta Law, 2007)This article represents an initial attempt to identify research themes and topics of special relevance to the furtherance of children's rights in the African context in order to sharpen and strengthen our capacity to promote ...