Browsing Department of Public Law and Jurisprudence by Title
Now showing items 9-28 of 48
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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 ... -
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 ... -
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 ... -
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 ... -
The environment and the Sustainable Development Goals: ‘We are on a road to nowhere
(Edward Elgar, 2018)The 17 Sustainable Development Goals (SDGs) collectively embody the global stance on the economic, social and environmental actions needed to achieve sustainable development. With reference to the environmental component ... -
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 ... -
The functus officio doctrine and invalid administrative acts in South African administrative law: the demand for a more flexible approach
(Nelson R Mandela School of Law, 2020)In South African administrative law, the issue of invalid administrative action in relation to the application of the doctrine of functus officio has brooked a fair amount of debate. Whilst the courts have attempted to ... -
Horizontality and housing rights protection against private evictions from a European and South African perspective
(Brill Academic Publishers, 2022)In the recent decision of fjm v. the United Kingdom, the ECtHR made a decision on the required protection against private evictions that threatens to water-down the protection of housing rights offered by the echr. This ... -
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 ... -
(Illicit) transfer by De Gree
(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
(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
(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, ... -
Intergovernmental cooperation, divided societies and capital cities: The case of the Ethiopian capital
(Nomos Verlagsgesellschaft, 2020)Some call it Addis Ababa. Others call it Finfinnee. That is the capital city of the Federal Democratic Republic of Ethiopia. "What's in a name?" In fact, the name is at the centre of the row over the federal capital. ... -
Islamic kafalah as an alternative care option for children deprived of a family environment
(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
(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
(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
(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 ... -
Legislative administrative action and the limited extent of public participation
(Juta Law, 2020)The preamble of our constitution acknowledges that government is based on the will of the people. Section 1(d) of the constitution states that the Republic of South Africa is one sovereign, democratic state founded on ... -
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 ... -
Modern African childhoods: does Law matter?
(Oxford University Press, 2012)INTRODUCTION: This paper poses a question often aimed at lawyers, especially when they straddle a culturally diverse and contested terrain of human experience, such as the role of children and families in society: does law ...