The history of South African education should not be swept under the carpet when contemporary matters on education are discussed. Public education was brought to life in order to perpetuate the ideals of separate education and apartheid. the school manager was essentially an extension of the ruling party. He or she had to inform his or her subordinates what the authorities demanded to be done in educational circles. The 1996 Constitution (Act 108 of 1996) effectively assured a democratic order which would guarantee the removal of Acts which were discriminatory in nature. The 1996 Constitution lay the foundation for a democratic and open society which has high regard for human rights, childrens' rights and in particular the right of learners to education. The public school must implement the stipulations of the Constitution and of the South African Schools Act (Act 84 of 1996) which aspire to be in line with international human rights documents like the 1948 Declaration of Human Rights and the 1989 Convention on the Rights of the Child. This study is essentially about learner's right to education and the role of the public school in assisting learners to realise this right. All considerations are based on the democratic constitutional dispensation in South Africa after 1994. The study finally illuminates the level of preparedness of the parent community in forming a partnership with the public school so that learners can be assisted in realsing their rights to education. / Educational Studies / M.Ed. (Education Management)

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

Thesis (DTh)--Stellenbosch University, 2012. / ENGLISH ABSTRACT: All children should be regarded and treated with dignity. Children’s rights have been established in the international community as well as in South African society to address any violations of children’s rights and any detrimental influence this can have on them. The responsibility of ensuring that the rights of children are implemented, respected and protected in civil society lies primarily with the national government. Nevertheless, the struggle to realise children’s rights extends across all sectors and levels of society. As part of the theological task of developing a publicly orientated ministry that will address the social circumstances of children in South Africa in a just way, this study took as its point of departure the contribution that Practical Theology can make towards a systematic and critical interpretation of the cause of children and their welfare and rights. At the time that the study was launched there was limited comprehensive analysis of the subject of children in Practical Theology that devoted attention to a theological response to the promotion of children’s welfare and rights in South African society. Two lacunae in the theorising on children were identified in South African academic studies in Practical Theology: (i) a lack of focus on children and their rights, and (ii) a general absence of strategic perspectives on how the theological community can deal with the contextual realities of children in South African society. The primary aim of this study was to develop a theoretical framework in terms of which the contribution of Practical Theology could be conceptualised as a discourse and practice that could promote the cause of children and their welfare and rights. David Tracy’s three publics of theological involvement (the academy, the church and civil society) and Richard Osmer’s conceptualisation of the four modes of practical theological interpretation (empiricaldescriptive, interpretive, normative and pragmatic) were harnessed in an interdisciplinary way to develop a deeper understanding of the welfare of children and the importance of a practical theological approach to advancement of children’s welfare and rights. On the basis of Tracy’s and Osmer’s conceptual frameworks, a number of conditions were identified to promote the cause of children, child welfare and children’s rights in the discipline of Practical Theology in Schools of Theology and Religion. These conditions include a third public mode of practical theological interpretation being adopted, a culture of adultism being confronted and transformed, and children’s acts of faith becoming an integral part of the field of Practical Theology. On the basis of an empirical investigation among registered members of the Society for Practical Theology in South Africa, the study comes to the conclusion that the academic field of Practical Theology, in its interaction with communities and civil society, can make a unique contribution to the advancement of children’s rights. The fundamental contribution of the academic field of Practical Theology to the advancement of children’s rights in South Africa recide in focussing on the inclusion of the cause of children in theological interpretation; by implication this will entail actively countering the exclusion of children in theological discourse and praxis in the field of Practical Theology. / AFRIKAANSE OPSOMMING: Alle kinders verdien om ooreenkomstig hul menswaardigheid beskou en hanteer te word. Kinderregte is deur die internasionale sowel as die Suid-Afrikaanse gemeenskap as respons daargestel om sake wat kinders se menswaardigheid aantas en hulle nadelig beïnvloed teen te werk. Die verantwoordelikheid om seker te maak dat die regte van kinders in die burgerlike samelewing gerespekteer, beskerm en verwesenlik word, lê primêr by die nasionale regering. Nietemin strek die stryd om kinderregte te laat realiseer oor alle sektore en vlakke van die samelewing heen. As deel van die teologiese taak om ’n publiek georiënteerde bediening te ontwikkel wat reg sal laat geskied aan die sosiale omstandighede van kinders in Suid-Afrika, het hierdie studie die bydrae wat Praktiese Teologie tot ’n sistematiese en kritiese interpretasie van die saak van kinders en hul welsyn en regte kan maak as vertrekpunt geneem. Met die aanvang van die studie het beperkte omvattende akademiese analise oor die onderwerp van kinders in Praktiese Teologie en Teologie as sodanig bestaan waarin aandag gegee is aan ’n teologiese respons op die bevordering van kinders se welsyn en hul regte in die Suid-Afrikaanse samelewing. Twee gapings in die teoretisering oor kinders in die Suid- Afrikaanse akademie van Praktiese Teologie is geïdentifiseer: (i) ’n gebrek aan fokus op kinders en hul regte en (ii) grootlikse afwesigheid van strategiese perspektiewe oor hoe die teologiese gemeenskap die kontekstuele realiteite van kinders in die Suid-Afrikaanse samelewing kan hanteer. Die doel van hierdie studie was primêr om ’n teoretiese raamwerk te ontwikkel in terme waarvan die bydrae van Praktiese Teologie tot ’n diskoers en praktyk wat vir kinders en hul welsyn en regte bevorderlik is, gekonseptualiseer kon word. David Tracy se drie publieke van teologiese betrokkenheid (akademie, kerk en burgerlike samelewing) asook Richard Osmer se konseptualisering van die vier take waarvolgens prakties-teologiese interpretasie kan geskied (empiries-beskrywend, interpreterend, normatief en pragmaties) is ingespan om op ’n interdissiplinêre wyse verdiepte begrip vir die welsyn van kinders en die belang van ’n prakties-teologiese bydrae tot die promovering van kinders se welsyn en regte te ontwikkel. Daar is aan die hand van die konseptuele raamwerke van Tracy en Osmer bepaalde voorwaardes geïdentifiseer waaronder die saak van kinders, kinderwelsyn en kinderregte in die beoefening van Praktiese Teologie aan Skole van Teologie en Godsdiens bevorder kan word. Hierdie voorwaardes sluit in dat ’n derde publiek-modus van prakties-teologiese interpretasie aangeneem word, ’n kultuur van adultism gekonfronteer en getransformeer word en kinders se geloofshandelinge geïntegreerd deel van die studieveld van Praktiese Teologie uitmaak. Op grond van ’n empiriese ondersoek onder geregistreerde lede van die Werkgemeenskap vir Praktiese Teologie in Suid-Afrika het die studie tot die gevolgtrekking gekom dat die akademie van Praktiese Teologie in interaksie met gemeentes en die burgerlike samelewing ’n unieke bydrae tot die bevordering van kinderregte kan lewer. Die akademie van Praktiese Teologie se fundamentele bydrae tot die promovering van kinderregte in Suid-Afrika bestaan daarin om te fokus op die insluiting van die saak van kinders in teologiese interpretasie; by implikasie sal dit behels dat Praktiese Teologie kinders se uitsluiting in teologiese diskoers en praxis aktief teëwerk.

The history of South African education should not be swept under the carpet when contemporary matters on education are discussed. Public education was brought to life in order to perpetuate the ideals of separate education and apartheid. the school manager was essentially an extension of the ruling party. He or she had to inform his or her subordinates what the authorities demanded to be done in educational circles. The 1996 Constitution (Act 108 of 1996) effectively assured a democratic order which would guarantee the removal of Acts which were discriminatory in nature. The 1996 Constitution lay the foundation for a democratic and open society which has high regard for human rights, childrens' rights and in particular the right of learners to education. The public school must implement the stipulations of the Constitution and of the South African Schools Act (Act 84 of 1996) which aspire to be in line with international human rights documents like the 1948 Declaration of Human Rights and the 1989 Convention on the Rights of the Child. This study is essentially about learner's right to education and the role of the public school in assisting learners to realise this right. All considerations are based on the democratic constitutional dispensation in South Africa after 1994. The study finally illuminates the level of preparedness of the parent community in forming a partnership with the public school so that learners can be assisted in realsing their rights to education. / Educational Studies / M.Ed. (Education Management)

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

"It is the responsibility of every government to protect the fundamental rights and freedoms of its citizenry and to ensure that the rule of law and justice prevails at all times. Hovewer, children accused of committing crimes are more susceptible to human rights abuses and violations of their legal rights while in detention, either in police cells, prisons or authorised detention centres. They mostly suffer from both the agents of the state as well as from inmates. These violations often take place [behind] closed doors, and society being primarily concerned with keeping offenders locked up rather than about their conditions and human rights being respected, the cries of these children to be treated with dignity and worth go unnoticed despite the constitutional and international guarantee of their rights. The problem therefore is first to examine what rights do children in trouble with the law have under international law in general and specifically within the African human rights sytem with special emphasiis on the rights of children deprived of their liberty. Secondly, to examine how these international instruments are given effect domestically and whether there are challenges encountered in realising these rights. These are the main issues that this research intends to grapple with using South Africa and the Gambia as case studies with a view to making recommendations for better protection of the rights of this category of children. ... This research consist of four chapters. The first chapter is the introduction. It will give the basis and structure of the research which will include a general overview of the problem in the two countries under study. In the second chapter, it will explore the relevant international and African normative framework that protects the rights of children in trouble with the law and the obligations of states towards these children. However, the main focus will be the Convention on the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child (ACRWC), because they are the two main human rights instruments providing specific protection for children's rights in all spheres. The third chapter will be a comparative analysis of the rights of children deprived of their liberty as provided in the municipal laws of South African and the Gambia vis a vis the minimum standards set [out] in the CRC and ACRWC. It will discuss the following issues, namely: defintion of a child, age of criminal responsibility, the best interest, detention as a last resort and for the shortest possible time, separation from adult detainees, role of parents, establishment of separate criminal procedures, right to legal respresentation and assistance, and sentencing options. It will also examine the problems and challenges for implementation. The fourth chapter will conclude and make recommendations on how best to implement the laws and who should be the role players in ensuring that the rights of these children are well protected." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005. / Prepared under the supervision of Professor Gilles Cistac at the Faculty of Law, Universidade Eduardo Mondlane, Maputo, Mocambique / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

In this project the various International Instruments, namely the United Nations Convention of the Rights of the Child; 1989, the Beijing Rules and the African Charter, relating to the guidelines of the establishment of a minimum age for criminal capacity are furnished. The developments regarding the issue of criminal capacity since 1998 in Australia, the United Kingdom and Hong Kong are highlighted. The historical position and the current position in South African law with regard to the issue of criminal capacity are discussed as well as the implementation thereof by our courts. The statistics on children under 14 years in prison over the past five years are furnished. The introduction of the Child Justice Bill, 2002 by Parliament and the deliberations following the introduction, focusing on the issue of criminal capacity is highlighted. The proposed provisions of the Child Justice Bill, 49 of 2002 codifying the present common law presumptions and the raising of the minimum age for criminal capacity are furnished. The evaluation of criminal capacity and the important factors to be assessed are discussed as provided for in the Child Justice Bill, 49 of 2002. A practical illustration of a case where the criminal capacity of a child offender was considered by the court is, discussed and other important developmental factors that should also be taken into consideration by the court are identified and discussed. Important issues relating to criminal capacity, namely, time and number of assessments, testimonial competency of the child offender, evolving capacities and age determination are discussed and possible problems identified and some solutions offered. The research included an 11-question questionnaire to various professionals working in field of child justice regarding the issue of criminal capacity and the evaluation thereof. / Criminal and Procedural law / D.Litt. et Phil. (Criminology)

Text in Afrikaans / In this dissertation the legal position with regard to children as victims of sexual crimes is examined in South Africa, England, Canada, Australia and New Zealand. Sexual crimes with children are a serious and widespread international problem. The purpose of this study is to identify deficiencies / gaps in the South African law. Children are not only the victims of the sexual crimes, but they are exposed to further trauma whilst giving evidence. Their best interests are also often not taken into proper consideration during the sentencing phase. In is in the interest of justice that children=s interests must be taken into account the whole time. In terms of international conventions and charters State parties are required to protect children against all forms of discrimination, violence, abuse and exploitation. Children may not be exposed to any sexual crimes, because these activities violate their right to bodily (and psychological) integrity, human dignity and privacy. In order to acknowledge the importance of children=s best interest, priority must be given to all cases in which children are the victims and their unique characteristics, age and development must be taken into consideration. This will ensure that they are not further victimized during the trial. Deficiencies in the Criminal Law are addressed by proposing new definitions, for instance for rape and incest. Shortcomings in the Procedural Law are identified and recommendations are made especially with regard to the alternative measures by which children can testify. Guidelines are also suggested for admissible cross-examination. New sentencing options are recommended and possible aggravating circumstances which ought to play a role during the consideration of a suitable and just sentence for sexual crimes with children are suggested. / Criminal & Procedural Law / LL.D.

In this project the various International Instruments, namely the United Nations Convention of the Rights of the Child, 1989, the Beijing Rules and the African Charter, relating to the protection of the rights of children were discussed focusing on the rights of children in conflict with the law. The important guidelines regarding the establishment of a minimum age for criminal capacity, detention, legal representation, diversion, sentencing, pre-sentence reports, child justice Courts and the confidentiality of children’s Court hearings were highlighted. The current positions in South African law with regard to these issues were discussed and the proposed provisions in the Child Justice Bill, 49 of 2002 were furnished. The research included all the magistrates in Gauteng that were in service during February 2003 and March 2003. Throughout the project the important role that forensic criminologists can and should play in a juvenile justice system was highlighted. / Criminology / M.A.

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.