(LLB) North-West University, Mafikeng Campus, 2008

Univ., Diss.--Lille.

Inaug.-Diss. -- Cologne. / Vita. Includes bibliographical references (p. 203-256).

Thesis (doctoral)--Université de Neuchâtel, 1910. / Includes bibliographical references (p. [5]-6).

Thesis (doctoral)--Universität, Hannover, 2007. / Includes bibliographical references and sources (p. 294-305) and index.

This thesis explores children's perceptions of their ability to participate in decisions that directly affect them following parental separation. Taking a postmodern approach, the thesis argues that the concepts of 'the child' and 'childhood' are social constructs produced by discourses that have arisen from historical accounts of the position of children in 'adult' society. The knowledge thus produced constructs children as incomplete beings, vulnerable and unable to understand significant issues such as those associated with parental separation. Consequently, children are marginalised, 'othered' and denied the opportunity to participate in decisions that directly affect them. After reviewing the ways in which discourses operate to subjectify children in this way, the thesis explores an alternative construction of children as competent and resilient, able to participate with their adult counterparts in decision-making activities. The potential for the provisions of both the United Nations Convention on the Rights of the Child and the Australian Family Law Reform Act 1995 to reconstruct children in this way is explored. Reviews of the literature indicated that Australian children had not been included in research and discussions about their involvement in decisions that directly affected them. Consequently, this research undertook in-depth interviews of sixteen children between the ages of 7 and 17 years. Their views about their abilities to participate in decisions that directly affect them are reviewed in relation to the different discourses identified in the literature. The extent to which children?s understandings reflect these discourses is considered. The thesis argues that much is still to be achieved. A review of the findings includes an account of the difficulties experienced in recruiting children for this project and suggests that the social construction of children continues to position them as vulnerable and incompetent. It is argued that the constructs of 'competence', 'age' and 'maturity' are not useful indicators of children's abilities to make decisions; thus, a 'new' construction of children, based on greater adult understanding of their unique experiences and understandings, is suggested. In relation to decisions that affect children following parental separation, the thesis makes a number of suggestions that support an exploration of creative initiatives that reflect the children's views. / PhDSocialScience

This thesis explores children's perceptions of their ability to participate in decisions that directly affect them following parental separation. Taking a postmodern approach, the thesis argues that the concepts of 'the child' and 'childhood' are social constructs produced by discourses that have arisen from historical accounts of the position of children in 'adult' society. The knowledge thus produced constructs children as incomplete beings, vulnerable and unable to understand significant issues such as those associated with parental separation. Consequently, children are marginalised, 'othered' and denied the opportunity to participate in decisions that directly affect them. After reviewing the ways in which discourses operate to subjectify children in this way, the thesis explores an alternative construction of children as competent and resilient, able to participate with their adult counterparts in decision-making activities. The potential for the provisions of both the United Nations Convention on the Rights of the Child and the Australian Family Law Reform Act 1995 to reconstruct children in this way is explored. Reviews of the literature indicated that Australian children had not been included in research and discussions about their involvement in decisions that directly affected them. Consequently, this research undertook in-depth interviews of sixteen children between the ages of 7 and 17 years. Their views about their abilities to participate in decisions that directly affect them are reviewed in relation to the different discourses identified in the literature. The extent to which children?s understandings reflect these discourses is considered. The thesis argues that much is still to be achieved. A review of the findings includes an account of the difficulties experienced in recruiting children for this project and suggests that the social construction of children continues to position them as vulnerable and incompetent. It is argued that the constructs of 'competence', 'age' and 'maturity' are not useful indicators of children's abilities to make decisions; thus, a 'new' construction of children, based on greater adult understanding of their unique experiences and understandings, is suggested. In relation to decisions that affect children following parental separation, the thesis makes a number of suggestions that support an exploration of creative initiatives that reflect the children's views. / PhDSocialScience

Thesis (L.L.M.)--University of Waikato, 2008. / Title from PDF cover (viewed February 26, 2009) Includes bibliographical references (p. 149-157)

Thesis (doctoral)--Universität Frankfurt/Main, 1973. / Includes bibliographical references (p. iii-v).

Thesis (MHSc--Health Science) -- Auckland University of Technology, 2003. / Also held in print (80 leaves, 30 cm.) in Akoranga Theses Collection (T 344.04 WOR)