Developing an identity with self-esteem and a sense of self-worth is a child’s fundamental right (Vandenbroek, 2001). To encourage identity formation children need to ask and answer questions such as: ‘Who am I?’, ‘Where do I belong?’ and ‘Is it ok to be who I am?’ A child’s identity is shaped largely by his/her experiences with regards to relationships and belonging within communities and familial structures. However, South Africa faces a host of problems, including poverty, violence, HIV/AIDS, all of which contribute to the breakdown of these familial and community structures. Utilising a participatory action framework, this research aims to provide insight into how children living in a disadvantaged community negotiate identity and belonging. This insight into children’s perceptions of identity and belonging is useful for identifying resources within the community which promote a positive sense of identity and belonging, and also to identify areas where support and intervention are required.

The purpose of the study was to examine the perceptions of learners and teachers on the alternatives to ‘Alternatives to Corporal Punishment’ (ATPC) in particular and discipline generally in the King William’s Town Education District in two high schools. The study ascended as a result of the decline of learner’s discipline in high schools. This study is located in the interpretive paradigm and adopted a qualitative research approach using questionnaires, interviews focus groups and field notes in the collection of data. The Data revealed that schools were using different strategies to maintain learner’s discipline such as Code of Conduct, Disciplinary hearing, Safety and Security Committee, Educators, Corporal Punishment, Alternative methods to Corporal Punishment and the role of parents. It further revealed that the Department of Education is not supportive in the maintenance of discipline in the schools under study in King William’s Town District. The conclusion that was arrived at was that all the stakeholders should agree upon and be acquainted with the Code of Conduct and rules that are guiding the schools. The study came up with the proposal that learners should know the consequences of transgressing the Code of Conduct. To address disciplinary problems, the study came up with the key recommendation that all stakeholders must have ownership and to work as a team in the implementation of those policies.

Thesis (masters)--University of South Africa, 2001.

Thesis (MA)--University of Stellenbosch, 2003. / ENGLISH ABSTRACT: In recent years the issue of relocation has been much discussed and litigated. The complexity of the issues inherent in relocation disputes and the relative lack of research in the area points to the need for a more comprehensive, coherent and empirically sound approach than exists at present. The major considerations involved in relocation disputes, using the best interests of the child standard as a reference point throughout, in terms of the available research and issues that require empirical attention, are presented. These include the relationship of the best interests of the child standard in considering the common motivations for relocation, significant psychological factors, cultural, gender and personal biases, the recent collaboration between the psychological and legal professions and the process of psychological assessment. A number of South African court decisions are reviewed to provide an overview of how the law tends to approach these issues. A number of important research areas are described and several factors are identified that is essential for the evaluator to consider when evaluating a relocation dispute. / AFRIKAANSE OPSOMMING: Oor die afgelope aantal jare het die kwessie van verhuising gereeld onder die soeklig gekom en is dit in howe oor en weer beredeneer. Die kompleksiteit van die kwessies inherent aan verhuisingdispute en die relatiewe gebrek aan navorsing oor die saak, vereis In meer omvattende, koherente en empiries verantwoordbare benadering as wat daar vandag bestaan. Belangrike oorwegings wat ter sake is in verhuisingskwessies en deur gebruik te maak van die beste belange van die kind standaard as In deurlopende verwysingspunt in terme van die beskikbare navorsing en kwessies wat empiriese ondersoek vereis, word bespreek. Dit sluit in die verhouding van die beste belange van die kind standaard in die oorweging van die algemene motiverings vir verhuising, betekenisvolle sielkundige faktore, kultuur, geslag en persoonlike vooroordele; die onlangse samewerking tussen die sielkunde en die reg, asook die proses van sielkundige assessering. In Aantal Suid-Afrikaanse hofuitsprake word bespreek om In oorsig te gee van hoe die reg geneig is om hierdie saak te benader. In Aantal belangrike navorsingsareas word beskryf en verskeie faktore word geïdentifiseer wat van wesenlike belang is om te oorweeg by die evaluering van In verhuisingsdispuut.

PhD. thesis. University of the Witwatersrand, Wits School of Governance. 1st October 2015 / Two decades after South Africa’s transition to democracy, with a positive constitutional and legislative framework in place, a vast number of South African households continue to be subjected to serious inequalities and extreme poverty. The dual phenomenon of poverty and inequality are complex problems of such a magnitude that silo approaches and singular agency fixes are inadequate. South Africa has the potential to address such issues at a multi-actor multi-institutional level, involving both civil society organisations and government working together. This study investigates the manner in which various stakeholders come together to develop policy and implement strategies aimed at the alleviation of poverty, specifically focussing on childhood poverty and vulnerability. Using the policy network approach to illustrate the relationships that exist between actors, this study follows the policy process from formulation to implementation. The policy network approach is utilised as a lens through which the policy process is examined in two case studies — the succession planning and children’s act projects. These case studies share a common objective which is to equip service providers with the knowledge and skills to assist their clients in accessing their legal rights. Policy networks draw attention to the institutional arrangements needed for coordinating complex interactions between various actors involved in the policy process, with a specific interest on state-civil society relationships of policy cooperation. Hence, the main focus of the research is to ascertain the networking relationships that develop between government and civil society organisations and to explore the potential that policy networks offer in the future pursuit of social justice and children’s rights. / MB2016

South Africa's first democratic elections were held in 1994. Since then, the government has engaged itself in a process of reconstruction and development through the formulation of policies and legislation which are in line with the country‟s Constitution of 1996. Some of these policies and legislation pertain to the issue of children‟s human rights. This study, firstly, sought to analyze key South African policies and legislations related to children‟s rights that have emerged since 1994. These documents include, the Constitution of the Republic of South Africa of 1996; the Children‟s Act 38 of 2005; Education White paper 6: Building an Inclusive Education and Training Systems (Department of Education, 2001), the South African Schools Act 84 of 1996; and the National Policy on HIV/AID for learners and educators in public schools and students and educators in further education and training institutions (1999). Secondly, the study aimed to explore whether children‟s rights are a myth or reality in South Africa by analyzing secondary data gathered from a large scale research project conducted in the province of KwaZulu-Natal, titled “Mapping the Barriers to Basic Education in the context of HIV/AIDS”. The data were collected from teachers, learners in grade 3, 6 and 9; School Governing Bodies, parents, and organizations - non governmental and community based organisations working in the district. The study used an in-depth qualitative case study approach. The study involved formal and non-formal centres of learning and their communities from four community contexts: rural, deep rural, urban and peri-urban. The data set provides insight into the lives of children in these contexts. The findings suggest that several barriers experienced by children and their families to accessing their social rights embedded in key South African policy documents related to key themes that emerged in the study: risks and vulnerabilities; control, regulation and powerlessness; the commitment of quality education not being met; and childhood poverty. / Thesis (M.Ed.)-University of KwaZulu-Natal, Pietermaritzburg, 2008.

The subject-matter of this thesis is the rule, previously contained in section 18(4)(d) of the Child Care Act 74 of 1983, in terms of which a mother could surrender her child born out of wedlock for adoption without the consent of its father. This section was struck down as unconstitutional by the Constitutional Court in Fraser v Children's Court, Pretoria North and others 1997 (2) SA 261 (CC), on the grounds that it violated an unmarried father’s constitutional rights to equality and non-discrimination. In the light of this judgment, this thesis seeks to articulate the constitutional parameters within which section 18(4)(d) must be amended. The requirements of Fraser are identified and discussed. Regard is also had to other constitutional rights upon which Fraser might have been decided; in particular, an unmarried father’s right to procedural fairness, and his child’s right to family or parental care. Case law from the United States, Canada, Ireland and the European Court of Human Rights is also discussed. The end product of this examination is an exposition of the various constitutional rights which vest in the father of a child born out of wedlock. A separate exposition is given of the distinct rights which vest in all children in the adoption process. The latter set of rights is drawn both from the Constitution of the Republic of South Africa Act 96 of 1996, and the United Nations Convention on the Rights of the Child. The thesis then proceeds to examine the Adoption Matters Amendment Act 56 of 1998, which was enacted in response to Fraser. The consent and notice provisions of adoption statutes in the United States, Canada, Australia, Ireland and England are also examined, and compared to the provisions of the Adoption Matters Amendment Act. The object, here, is two-fold: first, to consider the practical value of this Act; and second, to consider whether it satisfies the constitutional requirements identified earlier in this thesis. The thesis concludes with suggestions for the improvement of this Act.

Prior to the democratic elections of 1994, South Africa was daunted by legislation flooded with racial segregation. Adoption across racial lines is, because of South Africa’s racially segregated past, a relatively recent phenomenon in this country. The number of legal adoptions has increased dramatically, especially after its legalization in 1991. Parents may adopt across racial lines for an array of different reasons, from not being able to conceive a baby, to wanting to give a child the best opportunity in life. This study explored the experiences of white parents who have adopted black children, paying particular attention to how they deal with issues of “racial” identity. In-depth interviews were used to generate qualitative data pertaining to the parental perceptions of their motivation for, and experiences of adopting a child transracially in South Africa. The study aimed to explore their motivation for adopting and experiences, as well as issues relating to “racial” identity. Recommendations have been made to assist parents who are interested in adopting transracially. The report presents findings relating to the unique characteristics of the participants who have adopted transracially. These include adopters’ motivation and thought processes before taking the relevant steps to adopt transracially; the support that they have received from others in their decision to adopt transracially; communication patterns; their relevant concerns regarding the future of their adopted child; and issues pertaining to race, culture, heritage, prejudices and stereotypes. The findings suggest that parents were pragmatic, without regrets, in their views about adopting across racial lines. The parents’ motivations for adopting across racial lines were very similar to various perspectives, but were all due to the fact that they were unable to have biological children. Parents were aware of the child’s identity and cultural issues, which may be more perceptible in the future. Their perceptions, views and opinions, and the future concerns of their children were not unrealistic. Due to the children’s young age a follow-up study of these children should be considered.

M.Ed. (Education Management) / Please refer to full text to view abstract

This treatise investigates the potential for law (including courts and tribunals) to intervene and act as a lever for the protection and advancement of the rights of the child including the right to basic education. The dissertation critically explores the debate on the educator‟s right to strike and fair labour practices and the child‟s right to education, by assessing the rights and liberties, which accrue to educators and the child (learners) in terms of existing law. The South African Constitution has made specific provision for the protection of the rights of children and the rights of educators and these rights are fundamental to the development of a society in transition. The vexed question that arises is whether these rights can co-exist in a society that has inherited a legacy of discrimination and inequality. The consequences of this legacy have resulted in the rights of educators competing with those of learners. The normalisation of the balance of these opposite rights is the challenge that lies ahead and this process will require intervention of all stakeholders rather than purely legislative intervention. This dissertation recommends a consensus-based approach, which is the most appropriate solution to balance the rights of educators with this of the child‟s right to education, as opposed to a declaration of the education sector as an essential service. It further proposes the establishment of a more structured and organised forum / institution and its sole purpose would be to deal with the individual or collective rights of educators that compete with the rights of learners.