Childcare and Protection

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Addressing child marriages through law reform : a case study of Zimbabwe.
(2015) Nyamadzawo, Ruth Tafaozwa.; Epstein, Carol Anne.
Abstract not available.
An analysis of the implementation of the child's right to be heard within the family environment in accordance with section 31 of the South African Children's Act 38 of 2005.
(2015) Zhekov, Ceridwen Emily Rose.; Bernard, Rowena Bronwen.
The United Nations Convention on the Rights of a Child 1989 has endowed children with the right to express their views in all matters that affect them. According to the Committee on the Rights of a Child this right extends to decisions that are made within the family environment. In keeping with its obligation under the Convention on the Rights of a Child, South Africa enacted section 31(1)(a) and (b) of the Children’s Act 38 of 2005 which deals exclusively with the child’s right to be heard within the family environment. Research has shown the importance and benefit of implementing the child’s right to be heard within the family environment. This dissertation provides an analysis of South Africa’s implementation of the child’s right to be heard within the family environment. The analysis is done in light of the relevant international and foreign law, and from this recommendations are drawn as to how South Africa can improve its implementation of the right.
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.
An assessment of child marriage and its human rights implications on the girl child in Zimbabwe.
(2021) Muchineripi, Notebulgah.; Bernard, Rowena Bronwen.
No abstract provided.
An assessment of the implementation of the CYCC under the Child Justice Act 75 of 2008.
(2020) Singh, Chetna.; Bhamjee, Suhayfa.
No abstract provided.
Back to the future: in light of present - day research, would AB v Minister of Social Development have been decided differently?
(2021) Edgcumbe, Aliki.; Thaldar, Donrich Willem.
This study investigates whether the case of AB v Minister of Social Development would be decided differently in 2020. The AB case was heard in 2015 and revolved around the ‘no double- donor’ requirement, which is a condition for a valid surrogate motherhood agreement. This prerequisite, contained in section 294 of the Children’s Act, excludes those who are ‘pregnancy’ and ‘conception’ infertile from accessing surrogacy as a means to have a child – a limitation justified as being in the resultant child’s best interests. The empirical studies in 2015, which investigated children up to the age of ten, cast doubt on the established belief in the importance of genetic relatedness for the positive well-being of children. Consequently, the constitutionality of the impugned provision was successfully challenged in the High Court; however, the applicants failed to convince the majority in the Constitutional Court, who rejected the empirical findings, fearing psychological harm would result in children who lacked certainty regarding their genetic origins. The research in 2015 could not conclusively respond to this concern as it was clearly deficient in examining adolescence – the key stage in a child’s identity formation. Since then, the best available empirical research includes the adjustment of adolescents – and the results now confirm that, despite lacking a biological and gestational link to their parents, donor-conceived surrogate children are well-adjusted and exhibit high selfesteem. The new evidence shows the fears of the majority to be unfounded. In the absence of a rational link between section 294 and the child’s best interests, the Court should declare the impugned provision unconstitutional. This study clearly shows that the no-double-donor requirement of section 294 fails to fulfil a legitimate government purpose. Nevertheless, the remaining regulations are not adequate to provide the necessary clarity nor the safeguards to protect the interests of all parties should the impugned provision be struck down. New regulations will need to be fashioned which are better suited to the regulation of double-donor surrogacy, such as permitting it only in the case of full surrogacy. These decisions are undeniably policy choices, which must be left to the Legislature.
Can minors claim a right to die? : an analysis within the South African context.
(2008) Paul, Ashley C.
No abstract available.
Challenges experienced by children in child headed households (CHH) in South Africa.
(2021) Bhengu, Jabulisile Precious.; Balogun-Fatokun, Victoria Aderonke.
The civilization of society from inception has always been accompanied by unintended consequences. Such as the disorientation of families. Subsequently, the prevalence of minors assuming duties of parents within households is increasingly becoming a concern in this modern age. Researchers have coined the term Child Headed Household to contemporary refer to households headed by a child/children younger than 18 years. The phenomenon is seemingly not adequately recognised as a social problem since there is little literature available on the matter. Therefore, this has propelled this research to precisely examine the legal elements and the extend in which the rights of children living in child headed household are protected. The causes and possible remedies to prevent this anomaly of minors having to assume responsibilities of parents in a household. And the legislations together with government policies effectiveness or the lack thereof, in addressing the challenges faced by the children acting as heads of households. Ukuhlaliswa komphakathi kusukela ekuqaleni bekuhlala kuhambisana nemiphumela ebingahlosiwe. Njengokudideka kwemindeni. Ngemuva kwalokho, ukwanda kwezingane ezithatha imisebenzi yabazali emindenini kuya ngokuya kukhathaza kule minyaka yobudala. Abaphenyi baqambe igama elithi i-Child Headed Household ukuze libhekise emakhaya anamuhla aphethwe yizingane / izingane ezingaphansi kweminyaka eyi-18. Lo mkhuba ubonakala unganele ngokwanele njengenkinga yezenhlalo, ngoba kuncane izincwadi ezitholakalayo ngalolu daba. Ngakho-ke lokhu kuqhubekise lolu cwaningo ukuthi luhlolisise kahle izici zomthetho nokunwetshwa kwamalungelo ezingane ezihlala ezindlini eziphethwe yizingane. Izimbangela namakhambi akhona okuvimbela lokhu kungalungi kwezingane okumele zithwale imithwalo yemfanelo yabazali ekhaya. Nemithetho kanye nezinqubomgomo zikahulumeni ezisebenza ngempumelelo noma ukuntuleka kwayo, ekubhekaneni nezinselelo izingane ezihlangabezana nazo njengezinhloko zemindeni.
Challenges facing child victims in South African courts: an overview of the South African legal framework and the protection of such children, with a specific focus on courts in Durban, KwaZulu-Natal.
(2022) Ngubane, Bathabile Mandisi Maureen.; Bellengere, Adrian Hugh.
South African children are most vulnerable to sexual offences and the high level of sexual violence against children in South Africa is of great concern. Currently, South Africa is facing the challenge of rising crime levels across most sectors of crime, but sexual offences affecting children are amongst the most predominant of the crimes facing the country. Delays in the criminal justice processes, as well as the re-victimisation of child victims, result in many sexual offences going unreported to the police. Therefore, many victims remain without justice. Some research indicates that child victims of sexual offences experience secondary victimisation when seeking assistance from the police, officials, criminal justice officials in courts and correctional services. This research study sought to investigate how (or whether) South African law protects child victims during the criminal justice process and to ascertain how it could be improved. The study discovered that the sexual offence of a child victim of a sexual offence is mostly perpetrated by people that children trust and are familiar with. Secondary victimisation is perpetrated by police officials when victims report the crime, health workers during medical examination, court officials during court proceedings and correctional officials when granting parole without liaising with all parties involved.
The child -friendly court and the child -victim in the Kingdom of Swaziland.
Magagula, Sibusiso.; Balogun-Fatokun, Victoria Aderonke.
No abstract provided.
Child and youth care workers’ support of grandparents raising orphaned grandchildren.
(2019) Mzimela, Patrick Mzokhona.; Holness, Willene Audri.
No abstract available
Child labour: The sufficiency of international and domestic laws in protection for children against being used as domestic servants in Nigeria.
Emeka-Mgbemere, Verolyn Chinenye.; Bernard, Rowena Bronwen.
The future of a country is highly dependent on the children; hence the protection of children is important to various nations and the world. One such issue is the protection of children against child labour. The right of children against child labour is provided for in several international instruments which have been adopted as national legislation by countries. However, there is a sector that is seldom remembered and that is child labour in the informal sector. This study discusses child domestic work as a form of child labour. Its nature causes and effect on children. It examines relevant international conventions and national legislation of Nigeria to determine if the available laws protect children from child domestic work.It discusses the challenges to the implementation of the available laws and proffers possible solutions to combating child domestic employment in Nigeria.
Child participation in family group conferences in care and protection cases: a comparative analysis of South Africa, New Zealand and Australia.
(2019) Kitching, Maria Elizabeth.; Van der Merwe, Ebenhaezer.
The United Nations Convention on the Rights of the Child 1989 awarded children the right to be heard and to express their views in all matters that affect them. This includes the right of the child to participate in decision-making processes that affect their lives and shape their futures. Although progress has been made in many countries by changing their legislation, policy and practice to include children in decision-making, it remains the case that the right to be heard is unrealised for many children across the world. Many children, exposed to abuse and neglect, do not have access to welfare and justice services and it is often the view in certain cultures that children should be “seen and not heard”. These children are then excluded from expressing their views and feelings and do not have the opportunity to participate in decision-making processes. Even if children are provided with the opportunity to express their views, it is imperative that these views are taken seriously and are considered when decisions are made about their lives, especially in instances where children are in need of care and protection. One of the ways in which children’s voices can be heard in care and protection matters is by using alternative dispute resolution methods. One of these alternative dispute resolution methods, family group conferences, was initiated in New Zealand and was adopted in countries across the world, including Australia. This has been found to be cheaper than statutory court processes and also less intimidating to children and their families. In South Africa the Children’s Act 38 of 2005 was adopted to strengthen the statutory child protection system to give effect to the right of the child to be heard in care and protection matters, and to participate in decisions that affect their lives. The overall aim of this study is to critically examine the current South African, New Zealand and Australian legislation which governs the implementation of FGC and the factors that influence the child’s right to be heard and to participate in decisions that affect his/her life. This study is exploratory and has two primary aims. First, to explore child participation in FGC, pertaining to care and protection matters as contained in South Africa’s legislation as well as in other countries ie New Zealand and Australia. Secondly, to formulate recommendations based on the relevant international materials and experiences of New Zealand and Australia for improvement of the South African law and practice. The dissertation further aims to demonstrate that the shortcomings in the South African legislation can be overcome by means of appropriate solutions such as legislative amendments, supplementary provisions or guidelines. The research identified gaps that exist in the current South African legislation, and sections were identified where improvements could be made and instances where guidelines need to be developed to improve the legislation and guide the implementation of FGC in care and protection cases in South Africa. There is a lack of clarity and direction in respect of child participation in FGC in child care and protection matters in South Africa and the researcher is therefore of the opinion that this study and the application of the recommendations could make a valuable contribution to South Africa’s implementation of FGC and the child’s participation in this decision-making process.
The child rape victim through the criminal justice system : pitfalls and proposed solutions.
(2001) Naick, Kogilum.; Badat, Jamila Goolam Hoosen.
No abstract available.
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.
Children with physical and sensory disabilities : exploring the implementation of inclusive education legislation and policy.
(2016) Rajmohan, Serika.; Matthias, Carmel Rose.
Research studies have shown that schools in South Africa face many challenges in implementing inclusive education (IE) for children with disabilities. The primary aim of this study was to explore the implementation of IE policies for children with physical and sensory disabilities in six public primary schools in the Pinetown district. A qualitative research approach was used in this study. Probability sampling in the form of simple random sampling was used. Semi-structured interviews were used to collect data from 6 principals at public primary schools in the Pinetown district. An ecosystem perspective was used as a framework to guide the study. The major conclusion of this study was that public primary schools were not implementing IE legislation and policies. Schools accommodated children with limited physical and sensory disabilities provided that they were self-sufficient and did not rely on the teacher or other students to move around. Children with severe physical and sensory disabilities were not admitted in these schools either because parents did not approach mainstream schools or the past procedures of referral to special schools was still practiced. Mainstream schools continue to have barriers in implementing IE due to large class sizes, the lack of resources and infrastructure, the teachers’ lack of training and lack of support from parents and the DoE. The findings in this study are consistent with a number of other studies where similar challenges were experienced in implementing IE. Regardless of legislation and policies on IE, children with disabilities continue to be segregated on the basis that they are still not receiving an education together with their able bodied peers.
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.
Children’s right to education: a case of school fee policies in South Africa.
(2018) Akombelwa, Doris Mulenga Malema.; Mthembu, Maud Nombulelo.
After 1994, the apartheid education system transformed into democratic system aimed at achieving equity, redress and access to education for all. However, after 20 years of democracy and the introduction of policies and legislation that aim to redress the previous educational injustices, gaps are still evident. The introduced policies include the South African School Act (SASA) (Act No. 84 of 1996), the National Norms Standards for School Funding (NNSSF), the School Fee Exemption Policy (SFEP), and the No Fee School Policy (NFSP). Following the implementation of the policies, quintile ranking of schools was introduced for the government funding purposes, based on the poverty levels of the community. Despite these reforms and implementation, many authors are convinced that these policies have not produced the desired outcomes, and this requires further reflection and research. The study aimed to explore the impact and effectiveness of the NFSP and SFEP over a 10-year period from 2006–2016, in some of the schools in KwaZulu-Natal and Pinetown districts. This was achieved through the critical analysis of learner enrolment and school dropout data. Furthermore, the study critically analyses factors that influence learner dropout and non-matriculation. According to collected data and available research, enrolment rates at primary school level and high school level has increased. However, it is observed from the data that high school dropout is rife particularly from grade 10 to 11. Learners tend to leave school between grade 10 and 11, based on their socio-economic status, mainly the lack of money to pay school fees. Hence school learner dropout is a concern particularly at an advanced stage of schooling, and it has been an on-going problem for over 10 years. The study is based on secondary data and statistical data obtained from the Department of Education in KwaZulu-Natal province.
Combating substance abuse amongst learners in South African schools.
(2021) Ngubane, Nozipho Babra.; Clark, Brigitte Jennifer.
Substance abuse amongst learners in schools seems to play a big role in destroying the dreams and future of leaners. This study aims at looking at the causes that may lead to substance abuse and the effects it has on the learners, families, community and the country as a whole. The leaners have families, they belong to certain communities and form part of the country. This is the reason why the researcher decided to broaden the study to include all other people that might have an impact and who are also affected by this plague of substance abuse amongst leaners. The causes of substance abuse that are outlined in this study includes loneliness, rejection peer pressure, stress, exposure via modelling, environmental surroundings and socialisation and family conflict. Peer pressure and stress are very dominant causes towards substance abuse. However, the fact that leaners come from different families with different family background and financial status is stressful that other leaners end up being exposed to peer pressure while trying to make friends. This however leads to unplanned sexual activity, an increase in sexually transmitted diseases, depression, cancer, suicide, personality disorders, and homicides. It contributes to a number of school dropouts, unemployment, crime, and poverty. These effects have an impact in all citizens from leaners, their families, the communities and the country at large. This study further looks at the available legislation in combating substance and drug abuse amongst leaners in South African schools. The legislations are available but the research specifically on leaners abusing substances has not been explored, hindering the researcher to get as much facts as possible. However, the legal framework set out the rules and regulations of substance abuse. The researcher identified that the problem is with implementing the available legislations resulting to substance abuse issues not being adequately addressed. Different legislations such as the African Charter on the Rights and Welfare of the Child, United Nations Convention on Rights of the Child, The National Drug Master Plan, Constitution of South Africa, Children’s Act, South African Schools Act and other legislation were looked at in comparison with other countries legislations to identify the gap. Professionals have roles and responsibilities in assisting the learners affected by substance abuse, their parent and families. A comparison between South Africa and the United State of America for strategies that proved to be effective in combating substance abuse was done. This can assist in answering the research question as to what can be done to assist the learners and families who are affected by substance abuse.
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.

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