Mgr. Radka Dohnalová CHILDREN'S RIGHTS IN THE LIGHT OF LEGAL OBLIGATIONS IMPOSED ON THE CZECH REPUBLIC 2012 SUMMARY The main purpose of my thesis is to analyse the level of implementation of legal obligations imposed on the Czech Republic by international child law. For this purpose, the study maps out the ambit of the international child law relevant to the Czech Republic; it deals especially with binding documents, but it does not ignore non-binding legal instruments, as far as their influence on child rights is certain. The wide range of subject matter is examined with regard to particular analysis of the two most important treaties - the UN Convention on the Rights of the Child and the European Convention for the Protection of Human Rights and Fundamental Freedoms. Clarification of the obligations and an evaluation of their impact is mainly undertaken through an analysis of the outcomes of the control mechanisms. The introduction is followed by two chapters dealing with the theoretical background for the ensuing research. Chapter Two briefly examines the basic theoretical origins of children's rights, since this question is seldom discussed in Czech legal literature. This chapter also analyses crucial concepts such as the definition of the child, the best interest principle and participation rights....

Thèse. Sciences juridiques. Poitiers. 1923.

Thesis (doctoral)--Universität Breslau.

Thesis (doctoral)--Universität Erlangen. / "Schrifttumsverzeichnis": p. 88-89.

The Constitutional Court judgments of Teddy Bear Clinic for Abused Children and Another v Minister of Justice and Constitutional Development and Another 2014 (1) SACR 327 (CC) and Centre for Child Law and Others v Media 24 Ltd and Others 2020 (1) SACR 469 (CC) have set important precedents for a child’s autonomy and privacy. Two requirements are put forth in the Children’s Act 38 of 2005 for when a child may consent to his or her own medical treatment. The first requirement is the age of consent. A child aged 14 and older was allowed to consent to his or her own medical treatment and his or her surgery at 18 years without parental consent under the now repealed Child Care Act 74 of 1983. The Children’s Act however reduced this age of consent for both medical treatment and surgery and section 129 of the Children’s Act states that a child can consent to his or her own medical treatment without parental assistance at the age of 12. The second requirement is the maturity of the child which entails his or her ability to understand the nature of the medical procedure and the risk and consequence of giving consent to it. If one of the two requirements is not met, then consent may be obtained from the parent or guardian or caregiver of the child, the Superintendent of the hospital or the person in charge of the hospital, the Minister of Social Development or a High Court or Children’s Court. / Mini Dissertation (LLM)--University of Pretoria, 2020. / Centre for Child Law / LLM / Unrestricted

This study investigates the approaches taken by courts to determine the constitutional validity of section 294. The case of AB and Another v Minister of Social Development (Centre for Child Law as Amicus Curiae) if the main focus of the inquiry. Section 294 of the Children's Act was declared unconstitutional by the High Court in AB and Another v Minister of Social Development and another, this declaration of constitutional invalidity triggered the confirmatory jurisdiction of the Constitutional Court. The case was accordingly referred to the Constitutional Court for confirmation. The Constitutional Court was split with a ratio of 7:5 with the majority finding section 294 of the Children's Act consistent with the Constitution, whereas the minority concurred with the High Court's decision. These two approaches necessitated this inquiry whose aim is to investigate the two courts' approaches in interpreting section 294 and the extend to which children's rights influenced the Constitutional Court's judgement. / Mini Dissertation (LLM)--University of Pretoria, 2019. / Private Law / LLM Child law / Unrestricted

Thesis (LLD.)--University of Pretoria, 2001. / Includes bibliographical references and index.

Thesis (doctoral)--Ruprecht-Karl-Universität in Heidelberg.

Thesis (doctoral)--Friedrich-Alexander-Universität zu Erlangen.

South Africa has banned corporal punishment in every setting, except for one, the home. Despite having ratified international conventions where in corporal punishment is abolished, South Africa is yet to abolish it and adopt legislation to support and sustain the ban on corporal chastisement. South Africa has not been completely mute on the topic of corporal punishment in the home. More than a decade ago there was a proposition to abolish corporal punishment and include it in the then Children’s Bill in clause 139. However, this clause never saw the light of day. A similar attempt to amend the Children’s Act has very recently been abolished leaving the common law defense known as ‘reasonable chastisement’ available to parents. The recent case that re-sparked this contentious debate is the YG v S (2018 (1) SACR 64 (GJ)). The High Court mero motu considered the constitutionality of the common law defense and in the end found it to be unconstitutional. In an unexpected move, one of the applicants applied to the Constitutional Court for both standing and leave to appeal and judgment has been reserved. This mini-dissertation explores the many aspects with regards to corporal punishment by evaluating the international conventions, legislation and case law. A limited comparative component is included and some of the physiological effects of corporal punishment on children are considered. The focus is however on the YG case in the hope that it paved the way to change the defense of ‘reasonable’ chastisement. This defense defies children’s rights and is therefore unreasonable. / Mini Dissertation (LLM)--University of Pretoria, 2019. / Private Law / LLM / Unrestricted