This study aims at testing the applicability of the universal standard for protection of children, ―the best interests of the child principle‖, to children caught up in armed conflict situations. The study introduces the effects of armed conflict on children by discussing two case studies of conflicts situations, namely Somalia‘s situation under the Al Shabaab and the LRA as it formerly operated in Northern Uganda. Heart-breaking narrations of child victims are given prominence to show the invalidity of ―best interests‖ principle in conflict situations. It acknowledges that the ―best interests‖ principle is a good tool for enforcement of children rights. It analyses the theory of rights in general so as to explain the origin and importance of rights. Since children‘s rights are part and parcel of human rights, the study also looks at the international human rights and the regional and international enforcement mechanisms, though not in details. This study looks at the various theories justifying the existence of children‘s rights, and the dichotomy between rights and interests. It also addresses the protection of children rights and the various discourses advocating for or negating children‘s rights. It explores the age question with regard to enforcement of children‘s rights based on the fact that childhood is a dynamic period. It also critically analyses the ―best interests‖ principle and the various alternative standards that have been advanced. It concludes that despite the various criticisms, the ―best interests‖ principle still obtains the better standard for protection of children‘s rights in peace times subject to being complemented by other rules. The study also focuses on protection of children under the International Humanitarian Law with specific focus on civilian protection during armed conflict. It also focuses on the progress made in international efforts to protect children from the effects of armed conflict. Finally, reasons are advanced as to why the Best Interests Principle is not applicable in armed conflict situations, and an alternative standard proposed. / Public, Constitutional, & International Law / LL.D.

The thesis focused on how the advent of children's rights, in particular the Convention on the Rights of the Child (CRC), has impacted on the subject of juvenile justice and embarked on a practical examination of law reform in this regard in an African context. The focus was placed on a number of African countries that have embarked on or completed child law reform in the aftermath of ratification of the CRC. The case studies in this thesis were Ghana (1998-2003), Kenya (1993-2001), Namibia (1994 to date), Lesotho (2003 to date), South Africa (1997 to date) and Uganda (1992-1996).

Thesis. 1976. B.S.--Massachusetts Institute of Technology. Dept. of Urban Studies and Planning. / Microfiche copy available in Archives and Rotch. / Bibliography: leaf 55. / B.S.

published_or_final_version / Sociology / Master / Master of Social Sciences

Diversion is one of the programmes instituted within the Child Justice System. Its aim is to make punishment more rehabilitative and restorative. Prior to the Child Justice Bill, juvenile offenders were prosecuted under the Criminal Procedure Act (CPA). In the absence of any provision and consideration for children and their context, the CPA proved to be too harsh when prosecuting juvenile offenders. It is within this context that the need for reform of the CPA was sought, a search for procedure which would solely deal with child offenders and which would be more suited to child offenders. In an attempt to explore this process, the present study investigates diversion as a programme designed for dealing with child offenders within the Child Justice System and perspectives of deviance which underlie diversion. Broadly, the focus of the research has been on the following issues: how the probation officers interpret the different criteria from the Child Justice Bill 70 of 2003 and subsequently the Child Justice Bill 70 of 2007 in order to select the most appropriate form of diversion, understanding of the Child Justice System, how this justice system works and what the justice personnel look for when deciding on an appropriate sentence for the juvenile offender. The research was carried out in South Africa, in the province of KwaZulu-Natal, in a small town known as Port Shepstone, which is an hour s drive from Durban. It gives an in - depth analysis of diversion by explaining the perceptions and opinions of justice personnel on diversion. The thesis further explored the criteria that are used by the probation officers in assessing the juvenile offender for diversion and the nature of the diversion programme selected. Using a qualitative approach I sought to explore different discursive practices, opinions and perspectives within the Child Justice System and particularly within the diversion programme. In an attempt to gain understanding on the above issues, I conducted open - ended interviews with Child Justice System personnel, probation officers and prosecutors.

The move towards a more multidisciplinary approach to the delivery of child protection services in British Columbia raises concerns about the sharing of confidential case material. Factors associated with the information-sharing practices of social workers with law enforcement agencies were examined in this research. This descriptive study involved surveying forty-one intake child protection social workers employed by the Ministry for Children and Families in Vancouver and Coquitlam, using questionnaires. Knowledge of existing legislation, methods of accessing and sharing information with police, and attitudes about police involvement were examined, as well as workers' experience and participation in training. The analysis identified both contributors and obstacles to effective information-sharing and collaboration between social workers and police officers. Informal methods of accessing information were shown to be the most highly used and successful, but the lack of understanding of legislation and of each other's roles interfered with collaborative practice. The results of this research will be of assistance in future training, as well as the development of interagency protocols.

At any one time there are estimated to be between 300 and 500 young people involved in street life in Vancouver. Although between 40 and 50 per cent, leave the street life each year, the overall figure remains much the same. Living on the street increases the chances of the young person being involved in crime, such as prostitution or theft, and of suffering from drug addiction, violent assault or HIV. However, for many young people the street is preferable to what they have left behind. And even when living on the street becomes too difficult, getting off the street often appears impossible. This thesis considers one way of addressing the problems faced by young people on the street: the use of legal rights. In particular, it considers the limits on such young people using rights. First, under the two main theories of rights for children, the content of the rights is decided by adults on behalf of the child. Second, the liberal form of rights further restricts their use by street-involved youth due to the anti-statist and atomistic nature of this version of rights. Third, the dominant discourse of childhood constrains the use of rights by imposing familial structures on young people on the street and ignoring their views. Rather than suggesting new rights for street-involved youth, this thesis concentrates on strategies that might be of use for street-involved youth in overcoming these constraints. These are giving an active voice to young people; insisting that the individual characteristics of street-involved youth are taken fully into account; considering a variety of actions, some of which might seem contradictory, but which allow for maximum flexibility; trusting the decisions of young people on the street; and ensuring that street-involved youth are not seen as an isolated problem, but in the context of a wider picture of other people with similar problems, such as adult street people, lesbian and gay youth, welfare recipients and so on.

The thesis focused on how the advent of children's rights, in particular the Convention on the Rights of the Child (CRC), has impacted on the subject of juvenile justice and embarked on a practical examination of law reform in this regard in an African context. The focus was placed on a number of African countries that have embarked on or completed child law reform in the aftermath of ratification of the CRC. The case studies in this thesis were Ghana (1998-2003), Kenya (1993-2001), Namibia (1994 to date), Lesotho (2003 to date), South Africa (1997 to date) and Uganda (1992-1996).

This study aims at testing the applicability of the universal standard for protection of children, ―the best interests of the child principle‖, to children caught up in armed conflict situations. The study introduces the effects of armed conflict on children by discussing two case studies of conflicts situations, namely Somalia‘s situation under the Al Shabaab and the LRA as it formerly operated in Northern Uganda. Heart-breaking narrations of child victims are given prominence to show the invalidity of ―best interests‖ principle in conflict situations. It acknowledges that the ―best interests‖ principle is a good tool for enforcement of children rights. It analyses the theory of rights in general so as to explain the origin and importance of rights. Since children‘s rights are part and parcel of human rights, the study also looks at the international human rights and the regional and international enforcement mechanisms, though not in details. This study looks at the various theories justifying the existence of children‘s rights, and the dichotomy between rights and interests. It also addresses the protection of children rights and the various discourses advocating for or negating children‘s rights. It explores the age question with regard to enforcement of children‘s rights based on the fact that childhood is a dynamic period. It also critically analyses the ―best interests‖ principle and the various alternative standards that have been advanced. It concludes that despite the various criticisms, the ―best interests‖ principle still obtains the better standard for protection of children‘s rights in peace times subject to being complemented by other rules. The study also focuses on protection of children under the International Humanitarian Law with specific focus on civilian protection during armed conflict. It also focuses on the progress made in international efforts to protect children from the effects of armed conflict. Finally, reasons are advanced as to why the Best Interests Principle is not applicable in armed conflict situations, and an alternative standard proposed. / Public, Constitutional, and International Law / LL.D.

In South Africa children are required to testify under oath or admonition. The shortcomings of the competency test are of particular relevance to children with developmental disabilities, since courts are not equipped to adequately assess the competency of these children to give evidence. One component of testimonial competency, namely the understanding of the concepts truth and lies, is overemphasised and is examined with questions that are developmentally inappropriate for child witnesses in general. For children with cognitive disabilities, such questions create barriers for participation in the truth-seeking process. Consequently, convictions have been set aside on appeal owing to procedural irregularities found in the implementation of this test. In the literature review on testimonial competency, attention was given to restrictions that specific developmental disabilities impose on the perceptual, cognitive, communication and moral development of children. Two of four components – narrative ability and moral capacity – were studied in a sample of 184 children in middle childhood. Participants’ ability to give coherent and detailed accounts of events, their understanding of the concepts truth, lies, promises and the oath, and the Lyon and Saywitz oath-taking competency test, were investigated. Quantitative and qualitative methods were used for data analysis. Three groups were identified: those children with very limited, average or full testimonial competency. Their capacities were found to be related to maturation of cognitive functions and level of intellectual functioning. Participants were better able to demonstrate their understanding of truth and falsity by responding to the oathtaking test than giving verbal descriptions of these concepts. Whereas 1 percent of participants had a conceptual understanding of an oath, 15 percent understood the concept of a promise. Syncretism and confabulation compromised the narrative accounts of a substantial number of participants. Syncretism relates to immature narrative ability: correct details are combined in an illogical fashion. Confabulation refers to filling memory gaps with fabricated information. Guidelines on the competency determination of children with developmental disabilities were compiled. It is suggested that the competency examination be replaced by a formal, pre-trial competency assessment. The court should also receive expert evidence on how to facilitate meaningful participation when a child with sufficient testimonial competence is the witness.