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1	Die inhoud van ouerlike gesag, quo vadis? Venter, Ivanda 30 November 2005 (has links) Through the centuries the parental authority has dwindled from the absolute power of the father to the rights of autonomy of the child. At present in the South African law the parental authority is still largely determined by the common law and can be described as the sum total of rights and obligations which parents enjoy in relation to their children. Guardianship and custody are the separate incidents of parental authority. The Child Care Act 74 of 1983, The Constitution of the Republic of South Africa 108 of 1996, The Guardianship Act 192 of 1993, The Choice on Termination of Pregnancy Act 92 of 1996, the ratification of the United Nations Convention on the Rights of the Child 1989 by South Africa on 16 June 1995 and case law have contributed to increasing limitations on the exercise of parental authority. A balance needs to be found between the parental authority and the rights of the child to ensure that neither is absolute. Parents need to respect the evolving capacities of the child and children need to respect the guidance of the parents. / Jurisprudence / LL.M Parental authority Childrens' rights Self-determination Medical decisions Religion Corporal punishment Best interests of the child Custody 346.17068 Children's rights -- South Africa Parent and child (Law) -- South Africa
2	Die inhoud van ouerlike gesag, quo vadis? Venter, Ivanda 30 November 2005 (has links) Through the centuries the parental authority has dwindled from the absolute power of the father to the rights of autonomy of the child. At present in the South African law the parental authority is still largely determined by the common law and can be described as the sum total of rights and obligations which parents enjoy in relation to their children. Guardianship and custody are the separate incidents of parental authority. The Child Care Act 74 of 1983, The Constitution of the Republic of South Africa 108 of 1996, The Guardianship Act 192 of 1993, The Choice on Termination of Pregnancy Act 92 of 1996, the ratification of the United Nations Convention on the Rights of the Child 1989 by South Africa on 16 June 1995 and case law have contributed to increasing limitations on the exercise of parental authority. A balance needs to be found between the parental authority and the rights of the child to ensure that neither is absolute. Parents need to respect the evolving capacities of the child and children need to respect the guidance of the parents. / Jurisprudence / LL.M Parental authority Childrens' rights Self-determination Medical decisions Religion Corporal punishment Best interests of the child Custody 346.17068 Children's rights -- South Africa Parent and child (Law) -- South Africa
3	Judicial interference with parental authority: a comparative analysis of child protection measures Kruger, Johanna Margaretha 30 November 2003 (has links) Since parental authority in South African law is based on German customary law, and not on Roman law, it exists for the protection of the child. Various protective measures exist to ensure that this goal is reached, mainly in the form of judicial interference with parental authority. An example is the termination of parental authority, or some of its incidents, by means of a court order. This takes place either in terms of the common-law authority of the High Court, or in terms of certain statutory provisions. One of the statutory provisions in terms of which the children's court can terminate some of the incidents of parental authority, is the Child Care Act 74 of 1983. If the children's court is of the opinion that a child is in need of care, it can order that the child be returned to the custody of its parents, or that the child be placed in foster care, or in a children's home or school of industries. There is at present no mechanism in the Child Care Act for ensuring legal representation for children. The draft Children's Bill expands the possible orders that the children's court can make and further provides that a child is entitled to legal representation in children's court proceedings, if necessary at state expense. In New Zealand, families participate in decision-making regarding children in need of care by means of the family group conference. In Scotland, children in need of compulsory measures of supervision are dealt with by a lay tribunal known as the children's hearing. The global movement to recognise and protect both the welfare and autonomy rights of children formed the basis of international-law protection of children, and the children's clause contained in section 28 of the Constitution of the Republic of South Africa 108 of 1996. In order to ensure that the protective goal of child law is reached, I propose that a multidisciplinary lay tribunal be instituted in South Africa to deal with children in need of care, and that legal representation for children in children's court proceedings be made compulsory in certain circumstances. / Private Law / LL. D. Constitutional protection of children Children's rights Child protection State intervention Judicial interference Parental responsibilities Parental authority Parent-child relationship 346.17068 Parent and child (Law) -- South Africa Child care -- South Africa Children's rights -- South Africa Domestic relations -- South Africa Child protection
4	Recognition and enforcement of foreign custody orders and the associated problem of international parental kidnapping : a model for South Africa Nicholson, Caroline Margaret Anne 07 1900 (has links) Within the context of recognition and enforcement of foreign judgments the recognition and enforcement of foreign custody orders is unique. By reason of the fact that custody orders are always modifiable "in the best interests of the child" they cannot be regarded as final orders and are thus not capable of recognition and enforcement on the same basis as final orders. The failure of courts to afford foreign custody orders recognition and enforcement in the normal course has created the potential for a person deprived of the custody of a child to remove the child from the jurisdiction of a court rendering a custody order to another jurisdiction within which he or she may seek a new, more favourable order. This potential for behaviour in contempt of an existing order has been exploited by numerous parents who feel aggrieved by custody orders. The problem of parental child snatching has escalated to such a degree that the Hague Convention on the Civil Aspects of International Child Abduction was drawn up to introduce uniform measures amongst member states to address this problem. Despite being a meaningful step in the fight against international child abduction the Hague Convention does not fully resolve the problem. For this reason other measures have been suggested to supplement the Convention. The different approaches taken in South Africa, the United Kingdom, Australia and the United States of America to recognition and enforcement of foreign custody orders and the measures to overcome the problem of international child abduction are examined and a comparative methodology applied to the design of a model approach for South Africa. The object of this model is to permit the South African courts to address the international child abduction problem without falling prey to any of the pitfalls experienced elsewhere in the legal systems examined. / Law / LL.D. Acquiescence Child abductiion Contempt Council of Europe Convention Criminal liability Enforcement Extradition Finality Foreign judgements Full faith and credit Grave risk Hague Convention Jurisdiction Kidnapping Merger Custody Delict Parental abduction Pre-emption Psychological harm Public policy Recognition Res judicata Retention Wrongful removal 346.17068 Parental kidnapping -- South Africa Conflict of laws -- Custody of children Children (International law)
5	The feasibility of compensated surrogacy in South Africa: a comparative legal study Maré, Louis 07 April 2017 (has links) The following is a study and comparison of the various types of surrogacy currently being implemented locally and internationally and the laws surrounding it. I discuss the current South African legal framework on surrogacy and summarise the relevant legislative provisions whilst also further discussing the provisions prohibiting commercial surrogacy and the reasons behind them. Thereafter an investigation follows into other counties in respect of their individual laws regulating surrogacy and more specifically, commercial surrogacy. I discuss how these countries attempted to regulate commercial surrogacy and which regulations were a success and which weren‘t. The various international laws and regulations surrounding surrogacy as well as commercial surrogacy is then compared and discussed in a South African context. A discussion on the intertwined constitutional rights of the surrogate mother, commissioning parents and child follows and in conclusion I offer some recommendations on how to go about legalising commercial surrogacy safely and successfully implementing it free from exploitation. / Private Law / LL.M. (Specialisation in Private Law) Surrogacy Commercial surrogacy Compensated surrogacy Rights of the surrogate mother Rights of the commissioning parents Surrogacy regulations 346.17068 Surrogate motherhood -- South Africa Children's rights -- South Africa Parent and child (Law) -- South Africa
6	Judicial interference with parental authority: a comparative analysis of child protection measures Kruger, Johanna Margaretha 30 November 2003 (has links) Since parental authority in South African law is based on German customary law, and not on Roman law, it exists for the protection of the child. Various protective measures exist to ensure that this goal is reached, mainly in the form of judicial interference with parental authority. An example is the termination of parental authority, or some of its incidents, by means of a court order. This takes place either in terms of the common-law authority of the High Court, or in terms of certain statutory provisions. One of the statutory provisions in terms of which the children's court can terminate some of the incidents of parental authority, is the Child Care Act 74 of 1983. If the children's court is of the opinion that a child is in need of care, it can order that the child be returned to the custody of its parents, or that the child be placed in foster care, or in a children's home or school of industries. There is at present no mechanism in the Child Care Act for ensuring legal representation for children. The draft Children's Bill expands the possible orders that the children's court can make and further provides that a child is entitled to legal representation in children's court proceedings, if necessary at state expense. In New Zealand, families participate in decision-making regarding children in need of care by means of the family group conference. In Scotland, children in need of compulsory measures of supervision are dealt with by a lay tribunal known as the children's hearing. The global movement to recognise and protect both the welfare and autonomy rights of children formed the basis of international-law protection of children, and the children's clause contained in section 28 of the Constitution of the Republic of South Africa 108 of 1996. In order to ensure that the protective goal of child law is reached, I propose that a multidisciplinary lay tribunal be instituted in South Africa to deal with children in need of care, and that legal representation for children in children's court proceedings be made compulsory in certain circumstances. / Private Law / LL. D. Constitutional protection of children Children's rights Child protection State intervention Judicial interference Parental responsibilities Parental authority Parent-child relationship 346.17068 Parent and child (Law) -- South Africa Child care -- South Africa Children's rights -- South Africa Domestic relations -- South Africa Child protection
7	Recognition and enforcement of foreign custody orders and the associated problem of international parental kidnapping : a model for South Africa Nicholson, Caroline Margaret Anne 07 1900 (has links) Within the context of recognition and enforcement of foreign judgments the recognition and enforcement of foreign custody orders is unique. By reason of the fact that custody orders are always modifiable "in the best interests of the child" they cannot be regarded as final orders and are thus not capable of recognition and enforcement on the same basis as final orders. The failure of courts to afford foreign custody orders recognition and enforcement in the normal course has created the potential for a person deprived of the custody of a child to remove the child from the jurisdiction of a court rendering a custody order to another jurisdiction within which he or she may seek a new, more favourable order. This potential for behaviour in contempt of an existing order has been exploited by numerous parents who feel aggrieved by custody orders. The problem of parental child snatching has escalated to such a degree that the Hague Convention on the Civil Aspects of International Child Abduction was drawn up to introduce uniform measures amongst member states to address this problem. Despite being a meaningful step in the fight against international child abduction the Hague Convention does not fully resolve the problem. For this reason other measures have been suggested to supplement the Convention. The different approaches taken in South Africa, the United Kingdom, Australia and the United States of America to recognition and enforcement of foreign custody orders and the measures to overcome the problem of international child abduction are examined and a comparative methodology applied to the design of a model approach for South Africa. The object of this model is to permit the South African courts to address the international child abduction problem without falling prey to any of the pitfalls experienced elsewhere in the legal systems examined. / Law / LL.D. Acquiescence Child abductiion Contempt Council of Europe Convention Criminal liability Enforcement Extradition Finality Foreign judgements Full faith and credit Grave risk Hague Convention Jurisdiction Kidnapping Merger Custody Delict Parental abduction Pre-emption Psychological harm Public policy Recognition Res judicata Retention Wrongful removal 346.17068 Parental kidnapping -- South Africa Conflict of laws -- Custody of children Children (International law)

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