Childcare and Protection

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A critical evaluation of the prohibition on the possession of child pornograhy in terms of the Films and Publications Act 65 of 1996.
(1999) Govender, Sandra.; Olmesdahl, Michael C. J.
No abstract available.
The principles underlying the sentencing of juvenile offenders.
(2000) Singh, Annette.; Reddi, Managay.
No abstract available.
Are children and juveniles in South Africa awaiting trial under conditions of human dignity and safe custody?
(2001) Gunn, Haugum.; Pete, Stephen Allister.
No abstract available.
The child rape victim through the criminal justice system : pitfalls and proposed solutions.
(2001) Naick, Kogilum.; Badat, Jamila Goolam Hoosen.
No abstract available.
Social workers' experiences of the court process : an examination of the perspectives of social workers in the Durban Metropolitan area.
(2001) Kisten, Annite.; Matthias, Carmel Rose.
Forensic social work is a fairly new concept in the South African context. However, the activities of forensic social work began with the dawn of the profession itself. In recent times the demand for social workers in court has spiraled. The researcher endeavored to explore the perceptions and experiences of social workers functioning in the courts. Further, the problems that they encountered were also examined. The results of this qualitative study stem from in-depth interviews with thirteen social workers. The main findings indicate that the majority of social workers had not received any training in legal processes prior to their first experience in court. Social workers also perceived legal officials to be lacking in training in respect of child related issues. Social workers are generally called to testify in relation to their expertise of a specific child, and not in relation to their expertise of subject matter. In view of the demands placed upon social workers to appear in court, it is recommended that social workers endeavor to organise themselves into a group that can lobby for the recognition of social workers as experts. It is the researcher's contention that such a concerted effort by social workers will improve the status of the profession in the legal system.
Sharing of parenting after divorce.
(2002) Rahim, Rehana Bibi.; Partab, Rubeena.
Separation and divorce have become normative life events for many families throughout the world. According to the most recent statistics, during 1998, a total of 35 792 divorces were granted in South Africa alone, resulting in 45 123 children being affected by the divorce of their parents (Statistics South Africa - Statistical Release PO 307). Children who best survive their parents divorce are those maintaining significant and positive relationships with both parents. Children whose parents share parenting also cope better with the consequences of divorce. This study therefore attempted to provide insight into the personal experiences of divorced parents in relation to sharing of parenting after divorce. In this qualitative study, the researcher used the snowballing technique of sampling. A total of 16 divorced parents, including eight mothers and eight fathers, were included in the sample. The sample comprised of custodial, noncustodial and joint custodial parents who had been divorced for a period of at least two years. The interview schedules were personally administered and manually analyzed by the researcher. From the main findings, it was ascertained that respondents experienced tremendous difficulties in coping with the aftermath of divorce more especially in the realm of co-parenting. The main challenges they have had to face were problems relating to access to children, conflict in post-divorce relationships, stress related to the remarriage of ex-spouses, lack of sharing of parental responsibilities, communication problems and lack of therapeutic support. In order to promote effective post-divorce parenting, the researcher made recommendations with regard to the provision of educational programmes and therapeutic services for parents, children and other interested parties affected by the divorce. Recommendations, pertaining to divorce, are also made in respect of the justice system in South Africa.
Custody and access of children by gay and lesbian parents in post- divorce situations : a South African and comparative analysis.
(2002) Parsee, Niroshini.; Louw, Ronald.
No abstract available.
Children's participation and procedures at the office of the family advocate.
(2004) Williams, Felicity Gertrude.; Gathiram, Neeta.
Children's right to participate in judicial and administrative matters that affect them is perhaps the most frequently overlooked children's right, globally. This research was a descriptive study of what exists with regard to children's participation, at the Office of the Family Advocate, when parents divorce. The methods of data collection used included a content analysis (quantitative method) a focus group interview (qualitative method) and review of the literature and legislation. The content analysis involved analyzing the data of forty case files involving disputed cases, according to a content analysis schedule. The focus group interview was conducted with family advocates and family counselors and focused on various factors that facilitate or impede children's participation at the enquiry. The data obtained was analyzed manually and presented in the form of pie charts, tables, discussions and quotes. From the content analysis the researcher found that most children had definite views regarding their future care. One of the factors that hinder children's participation at the enquiry is the fact that not all enquiries are conducted using the team approach. The research also indicates that the adversarial nature of divorce proceedings impact negatively on children's participation and a more conciliatory approach would prove more child-centered. The focus group interview indicates that the professionals involved have positive attitudes towards children's views and participation in the enquiry. Children's expressed wishes are considered in conjunction with other factors such as the bond between parent and child, and the suitability of the parent. The focus group participants made various suggestions with regard to ensuring a more child centered approach regarding children's participation. The researcher presented the major findings, together with recommendations for future research at the end of the study.
Problems facing children in Lesotho prisons : with special reference to the juvenile training centre.
(2005) Mokoteli, Moliehi Florence.; Bukurura, Sufian Hemed.
No abstract available.
Discipline and disciplinary measures used at selected secondary schools.
(2006) Narain, Anil Pravesh.; Kasiram, Madhubala Ishver.
The purpose of this study was to explore various aspects of discipline in secondary schools inter alia the views of educators to changes regarding the behaviour of learners today as compared to the past, the banning of corporal punishment in schools, commitment to provide support, and to elicit alternative methods of maintaining discipline. The study was an exploratory one aiming to bring the views of the educator to the fore in clinical research. It was also undertaken to spur other research into this area. The study was undertaken with educators from the town of Verulam in the north coast of Kwazulu- Natal, South Africa. All secondary schools in the area were targeted. This was a possibility sample as it was peculiar to the context and is valid because it does have resemblance to reality. The sample reflected the remnants of the old apartheid educational structures. Various types of schools were included inclusive of ex -House of Delegates, ex-Department of Education, private and religion-based schools. The sample had semblance of the general educator population. Educators in nine of the secondary schools responded to a questionnaire. The structured questionnaire had a quantitative and qualitative bias. The response rate was 58.3 percent. A statistical package was used to analyse the statistical aspects of the questionnaire. The results of the study indicate that educators believed that the incidents and severity of learner misbehaviour had increased rapidly post 1996. A significantly large number also stated that their superiors (the Department of Education-DOE) have left a void with the banning of corporal punishment by provldinq little or no alternatives to discipline learners. Many respondents believed that their authority was undermined and it affected discipline and hence the culture of teaching and learning. Serious offenders were handed to management of schools. Management in schools were viewed as supportative although there was a call for consistency in the application of the schools' Code of Conduct. Numerous methods of disciplining were suggested with the most popular being getting the parent involved and personal counselling. Sadly, the third popular measure believed to be effective was the use of corporal punishment, albeit it was used by a small percentage of respondents. There was no significant difference in views between male and female respondents. Various extraneous factors influencing poor behaviour were postulated. The learners' background, role of the parent and peer pressure, were viewed as most important. School contextual factors such as large classes and poor resources were also noted. Recommendations for better discipline and disciplinary measures were highlighted. The study called for a review of the Code of Conduct as required by the South African Schools Act 84 of 1996, with the focus being immediacy and relevance of sanctions and the more frequent use of the parent-component, of the Schools' Governing Body, in discipline. A more pro-active stance on the part of the DOE in assisting educators, in disciplinary measures, at grass-root level was recommended. The study also recommended further research into discipline and disciplinary measures at secondary schools.
Towards children's rights in the home : a philosophical consideration of the parent child relationship in the era of human rights and the concept of an 'enlightened parent'.
(2006) Nicholls, Gordon Charles.; Zaal, Frederick Noel.; Matthias, Carmel Rose.
Research on children's rights very often deals with the legal aspects of their rights, based on perceived protection and provisioning needs, and focussed on deficiencies in children's lives. There is obviously a place for such considerations. It is rare however for writers on children's rights to deal with the personal, ontological and moral rights of children in a principled way. This study aims to address this deficit and reveal the axiomatic and essential rights of children in their home setting. The standing of children's rights in the Republic of South Africa (RSA) is reviewed. Although the primary focus will be on the South African situation, it will be illuminated by references to cogent international experience and positions, apposite to the prosecution and theme of this study. This is appropriate, as South Africa is integral to the international initiatives and imperatives in human rights, especially as they apply to children. In terms of the South African state, children's rights have been given formal recognition in the Constitution, as well as in laws and policies flowing there from. It is noted that there may be deficiencies in the implementation and realisation of these rights in practice, however. Only a fraction of children's rights apply in the public sector. Children live their lives predominantly in the home and so the realisation of their rights very often comes down to the attitudes and actions of their parents, in a horizontal application of the Bill of Rights. This study explores what rights children should be bestowed by their parents in their home and according to what values and criteria. The traditional and emerging roles of parents are considered, as they relate to the realisation of rights by their children. The evolution of the concept of childhood is explicated, including social change advocacy and social movements designed to assist children to realise their rights optimally. This study is not based on legal rights per se, but is predicated on an ontological vision of personhood, as it applies to children. Instead of natural rights, the fundamental and universal values that underlie human rights are considered. These values include respect for person, dignity , equality, autonomy, freedom and justice for children in their relationships with their parents. In order to generate the debate on children's rights in the home, two exemplars are considered, based on first principles and fundamental, axiological values. The first exemplar is the child's right not to receive corporal punishment from parents. The second exemplar considers the child's right to realise freedom of religion in the home, including the right to hold different religious beliefs from his or her parents, and to act on these beliefs, in contradistinction to the religion espoused by his or her parents. The thesis contained in this study is that children's rights can only be realised and assured if parents treat their children as persons of worth and dignity, and raise them to become fully functioning adults. The concept of an 'enlightened parent' is critical, if children are to realise their rights. Enlightened parenting involves a lifetime of support and education by parents in order to assist their children to achieve their own special ends as persons. The concept of an 'enlightened parent' is proposed as the portal through which children's rights will be realised. An 'enlightened parent', as the ideal type of parent, should form the basis on which an advocacy campaign should be mounted to enhance the realisation of children's rights in the private domain. The values implicit in an 'enlightened parent' are briefly sketched, incorporating critical values such as tolerance, good will, respect, care, concern and unconditional positive regard. These are the relational values between parents and children that will deliver the human rights values, and therefore ensure, in effect, the accomplishment of children's rights.
Can minors claim a right to die? : an analysis within the South African context.
(2008) Paul, Ashley C.
No abstract available.
Residential care facilities for children with physical and sensory disabilities in the eThekwini Municipality.
(2008) Raghu, Anusha.; Matthias, Carmel Rose.
The research study explored the responsiveness of children's homes to the admission of children with physical and sensory disabilities. The research study was undertaken in the Ethekwini Municipality. Access to appropriate alternate care is enshrined in the Constitution of the country and the provision of residential care is one option for children who are found in need of care. The objectives of the research study were to identify gaps in the provision of residential services for children with disabilities and to explore what challenges are faced by children's homes in admitting children with physical and sensory disabilities. The theoretical framework that was used to guide the study was ecosytems theory. The ecosystems approach provided an understanding of the impact of barriers to inclusion. It also provided an understanding on the reciprocity that exists between children's homes and other systems. A qualitative research approach was used. A sample of ten children's homes was selected in the Ethekwini region, using the non-probability sampling technique. Data was collected using in-depth interviews, observation and a perusal of records. In-depth interviews were conducted with the assistance of an interview guide. The data was recorded and analysed according to common themes and trends. The results of the research study show that children's homes do not have the capacity to respond to the needs of children with disabilities. All the children's homes faced similar challenges, in the form of funding, human resources, building structures and access to resources that hinder the admission of children with physical and sensory disabilities to their facility. One of the major findings was that children with disabilities made up less than one percent of the total population of children in the children's homes. None of the children's home had developed inclusive admission policies for children with physical and sensory disabilities. There was a clear indication that the government would need to strengthen existing residential care facilities to make them more inclusive in nature.
Juvenile offenders : diversion for those in custody.
(2008) De Jager, Melané Johanna.; Reddi, Managay.
No abstract available.
Trafficking in children : effective solutions for African countries.
(2009) Binene, Bukasa.; Couzens, Meda Mihaela.
Trafficking in persons in general and in children in particular is a phenomenon that affects each and every country in the world. No African country is immune from trafficking, the quasi-totality of them are simultaneously countries of origin, transit and destination of trafficked children. They are trafficked internally or trans-nationally for all types of exploitations, such as sexual exploitation, labour exploitation, and removal of body parts. In spite ofjoint efforts by the international community to eradicate trafficking in children, research reveals that this modem form of slavery is a phenomenon on the rise instead of decreasing. The situation is more alarming on the African continent where most countries have not yet found appropriate solutions to the problem. Child trafficking is fought through prevention and criminalization. The former entails measures such as awareness raising and the alleviation of factors that make children vulnerable to trafficking and the demand that fosters all forms of exploitation of children. Criminalization measures tress the enactment of comprehensive anti-trafficking legislation, investigation and prosecution of traffickers and protection of child victims of trafficking. This dissertation evaluates the best solutions to prevent and eradicate child trafficking. It seeks to recommend practices which are effective for African countries by taking into consideration the continent's realities, such as resource limitations and underdevelopment.
Transformation of the Lesotho juvenile justice system since ratification of the Convention of the Rights of the Child,1989 : legislation and practice.
(2009) Ntlatlapa, Makhahliso Lydia.; Couzens, Meda Mihaela.
Lesotho ratified the United Nations Convention on the Rights of the Child 1989 (hereafter 'the CRC') in 1992. By virtue of ratification of the CRC Lesotho has undertaken to harmonise its national laws with the CRC provisions. This study looks into the transformation of the Lesotho juvenile justice system since the ratification of the CRC. Some of the provisions of the Children's Protection Act No. 6 of 1980 (hereafter 'the CPA') which established the Lesotho juvenile justice system are not fully compliant with the CRC. This study shows that some major topics in the current Lesotho juvenile justice such as the age of criminal responsibility, procedures in the children's court, legal representation and diversion do not meet the standards of the CRC. Further, the general principles of the CRC are inadequately applied. In order to address these inadequacies Lesotho has drawn the Children's Protection and Welfare Bill 2004 (hereafter ' the Bill' ). Some of the provisions of the Bill relevant to juvenile justice are analysed through the standards of the CRC. While the Bill still has some short falls, in the majority of provisions it sufficiently addresses gaps between the current juvenile justice system and the provisions of the CRC. The study concludes by arguing that the enactment of the Bill should not be delayed further. Professionals in juvenile justice should be trained. Further, some provisions of the Bill like designation of magistrates for the Children's Courts can be put into practice and the use of diversion and restorative justice continued. The CPA provisions which are compatible with the CRC should be used.
Introducing cash transfers as a form of social protection for orphans and (other) vulnerable children in Zimbabwe :lessons from other African countries.
(2010) Manyika, Lin Mary.
Zimbabwe made commitments- global, regional and national- towards the fulfilment of the right to social protection for Orphans and Vulnerable Children (OVC) by ratifying international conventions and other regional instruments. Whilst such commitments are commendable, Zimbabwe has faced challenges in translating such commitments into actual deliverables. Currently, child protection mechanisms for OVC in Zimbabwe include, amongst others, Basic Education Assistance Module (BEAM), through which tuition fees, levy and examination fees assistance is provided to vulnerable children. The other social protection mechanisms are the food aid programme, public works programmes and the National Strategy on Children in Difficult Circumstances. An evaluation of the current social protection mechanisms for OVC in Zimbabwe, among other things, reported inadequate intervention of the current mechanisms so as to adequately provide for OVC. This may call for new innovative social protection mechanisms, like cash transfers, to replace some of the current mechanisms so as to adequately provide for OVC. Social cash transfers are receiving increasing recognition as a means of dealing with the of OVC problem worldwide, and more recently in Africa. There are a number of African countries that have introduced social cash transfers for children within their jurisdictions. Notable examples are South Africa, Zambia and Malawi. Social cash transfers have a positive impact on the education, health and nutrition of OVC. Social cash transfers do not involve large sums of money, thus they may be a desirable option for the social protection of OVC and their households in low income countries like Zimbabwe.
Does international law protect children against recruitment into armed forces? : the case of Africa.
(2010) Kundishora, Elna.; Couzens, Meda Mihaela.
The involvement of children in conflict is not a recent phenomenon. The military use of children dates back to ancient times. The change of warfare and the advocating of the protection of children's rights within the global discourse context have taken the discourse on child and youth involvement in conflict out of the political and military context and placed it into one circumscribed by legal and moral concern. Since the late 1970s, a number of international instruments have been promulgated to limit the recruitment of child soldiers, but even though the numbers of children being recruited into armed forces have decreased, children continue to be deployed into armed forces, particularly in Africa. 'Loopholes', vagueness and inconsistencies in the treaties and the strengths and weaknesses of the enforcement and monitoring mechanisms have created legal uncertainty which have ultimately resulted in further injustice for the child. However, legal uncertainty is not per se the cause of recruitment continuing; the cause being more complex. Researches and treaties have failed to address the obstacles to the implementation of the relevant international law. The issue(s) of culture and child crossborder recruitment have served as obstacles to an effective protection of children against recruitment by international law.
A comparative analysis of the exceptions/defences available under the Hague Convention on Civil Aspects of International Child Abduction, 1980 and their implementation and effectiveness in South Africa and Australia.
(2011) Winchester, Tarryn Lee.; Carnelley, Marita.
No abstract provided.
Children incarcerated with their mothers : a critique of the current age-based approach to the separation of children from their mothers.
(2012) Mazoue, Nicole.; Couzens, Meda Mihaela.
It is a worldwide phenomenon that, when mothers are imprisoned, their young children are allowed to accompany them. However, practices between different countries, and even within different prisons, vary greatly and there are arguments both for and against the incarceration of children with their mothers. Some argue that, without better alternative care options, these children benefit from the strong emotional attachment that develops because they spend so much time with their mothers. Others contend that prisons are not suitable environments for children to live and grow in. It is generally agreed that allowing young children to accompany their mothers in prison and separating them from their mothers, are both problematic. Most countries that allow young children to be incarcerated with their mothers set an upper age limit, after which time the child is removed. This reflects an assumption that from a certain age the adverse effects of a prison environment on the young child and its development outweigh the benefits of being with the mother. There is no empirical evidence on the optimum age of separation and it varies between countries. In South Africa, Section 20(1) of the Correctional Services Act 111 of 1998 (as amended by the Correctional Services Amendment Act 25 of 2008) determines that children may accompany their mothers in prison up until the age of two years, after which time they must be removed from the prison environment. For those children incarcerated with their mothers, this compulsory separation could constitute a violation of their right to family life. For these children there may come a stage when the issue of separation has to be dealt with, but it is at such times when a flexible approach to the age of separation is suggested. A flexible approach would require an individualised analysis of the child’s best interests. It is suggested that the potential for flexibility does exist in Section 20 of the Act. However, it is also submitted that since it is merely potential and not policy, prison authorities might have too much discretion in interpreting this section. This might result in a lack of uniform practices and some children might therefore be disadvantaged. The overall aim of this study is to critically examine the abovementioned piece of legislation in order to assess whether this approach is compatible with children’s rights and is in their best interests.

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