Every year millions of children worldwide are forced into the labour pool. More than half of these children are involved in some of the worst forms of child labour, which include slavery, work under hazardous conditions and illegal activities such as drug trafficking and prostitution. Children involved in child labour are usually deprived of access to basics such as proper nutrition, adequate shelter, education, basic hygiene and healthcare, and recreation. Due to the increase in poverty across the world, the vulnerability of children in child labour, and their need for income to survive in a poverty-stricken environment, these children simply cannot escape from the exploitative practices and worst forms of labour. Despite the dangers associated with child labour, not all forms of work done by children are hazardous to them. The income earned by children in this way contributes substantially to their own survival and that of their families. Work can also help children acquire certain skills, which can contribute to their development. This dissertation investigates, in the light of the current socio-economic circumstances of South Africa, the possibility to allow children to work for their survival and simultaneously to protect them through regulatory measures from exploitative labour practices and the worst forms of child labour. The dissertation starts with a general overview of child labour, including the historical development of the regulation of child labour, problems encountered in defining child labour, advantages and disadvantages of child labour as well as the various current perspectives and approaches to child labour. Special attention is given to the importance of education and the current problems experienced in the education system (which needs to be adjusted for child labourers) as well as the situation regarding girls in the labour market. An exploration of the international legal framework applicable to child labour is coupled with a description of the current international conventions as well as international initiatives, which mainly seek to eliminate child labour. Emphasis is placed on the most important conventions that have a direct impact on child labour: The United Nations Convention on the Rights of the Child, the International Labour Organisation's conventions and the African Charter on the Rights and Welfare of the Child. Subsequently, the dissertation canvasses the approach to child labour in South Africa with an overview of the nature and extent of child labour in South Africa and an exploration of the nexus between international law and South African national law. The author expounds in detail on the current South African national legal framework applicable to children and child labour, as well as the variety of South-African programmes that seek to effectively regulate child labour. By way of comparison, the author investigates the approach to child labour in India, exploring the socio-economic and political circumstances as well as the extent of child labour in India, as also the federal law and child labour programmes that regulate child labour in India. India’s approach to child labour is compared with that of South Africa to gauge how the two differ and what South-Africa can adopt from India. The dissertation critically evaluates the South African approach to child labour and offers proposals to address the challenges in limiting, if not eradicating, the worst forms of child labour and its exploitative practices in South Africa. The author reviews and evaluates the measures and programmes implemented in India, with a view to improve the position of children involved in child labour in South Africa. The author closes by critically analysing the hypothesis posed at the outset of this study: that a judicious acceptance of child labour (excluding its worst forms), when considered in the context of its proper and effective regulation through legislation and enforcement, is the best approach to combat the perils associated with child labour in South Africa. / Dissertation (LLM)--University of Pretoria, 2012. / Private Law / unrestricted

Section 29 of the Constitution of the Republic of South Africa, 1996 states that everyone has the right to basic education. This provision must be interpreted in order to determine whether it refers to a period of education, or a certain standard or quality of education that also includes infrastructure. In this dissertation, the scope of the right to basic education and the state’s obligation with regard to infrastructure, are discussed. The dissertation will point out that the right to basic education should also consider the best interests of the child-standard as well as the right to equality. The Constitution provides that everyone has the right to basic education, which implies that there should be no discrimination against any child. In order to determine the scope of section 29 and the duty of the state accordingly, the provisions of international instruments must also be consider. The Convention on the Rights of the Child, the African Children Charter and specifically the International Covenant on Economic, Social and Cultural Rights refer to the obligations of the state in respect to the provision of basic education and infrastructure. The Schools Act provides for the Minister of Basic Education to prescribe minimum norms and standards relating to school infrastructure. The importance of minimum norms and standards for quality education has been investigated with specific reference to libraries, learning material and water and sanitation facilities. Lastly, the lack of an internal limitation clause and the effect of section 36, the general limitation clause, were considered to evaluate the state’s obligation to provide quality education. / LLM (Comparative Child Law), North-West University, Potchefstroom Campus, 2014

Section 29 of the Constitution of the Republic of South Africa, 1996 states that everyone has the right to basic education. This provision must be interpreted in order to determine whether it refers to a period of education, or a certain standard or quality of education that also includes infrastructure. In this dissertation, the scope of the right to basic education and the state’s obligation with regard to infrastructure, are discussed. The dissertation will point out that the right to basic education should also consider the best interests of the child-standard as well as the right to equality. The Constitution provides that everyone has the right to basic education, which implies that there should be no discrimination against any child. In order to determine the scope of section 29 and the duty of the state accordingly, the provisions of international instruments must also be consider. The Convention on the Rights of the Child, the African Children Charter and specifically the International Covenant on Economic, Social and Cultural Rights refer to the obligations of the state in respect to the provision of basic education and infrastructure. The Schools Act provides for the Minister of Basic Education to prescribe minimum norms and standards relating to school infrastructure. The importance of minimum norms and standards for quality education has been investigated with specific reference to libraries, learning material and water and sanitation facilities. Lastly, the lack of an internal limitation clause and the effect of section 36, the general limitation clause, were considered to evaluate the state’s obligation to provide quality education. / LLM (Comparative Child Law), North-West University, Potchefstroom Campus, 2014

Section 29(1) of the Constitution of the Republic of South Africa, 1996 states that everyone has the right to basic education. ―Everyone‖ includes disabled learners. The purpose of this study is to determine to what extent the state complies with its constitutional and international obligations to realise disabled learners‘ right to basic education. To reach the purpose firstly it has to be ascertained which legislation apply to disabled learners (whether direct or indirect) and how this legislation define disability (Chapter 2). Secondly the relevant constitutional sections have to be investigated. Sections 9, 28, 29 and 36 of the Constitution will be examined in particular. The purpose of the investigation of the constitutional sections is to determine what basic education entails and if there is a uniform definition thereof. Paired with the right to education, the meaning of inclusive education has to be determined and to what extent the state realises this (Chapter 3). A further purpose with the investigation of the constitutional provisions is to determine whether there is an infringement of disabled learners‘ right to equality and whether the possible infringements of the right to education and equality can be justified by the state (Chapter 4). Thirdly, the state‘s international obligations with regard to disabled learners‘ right to education and equality has to be investigated (Chapter 5) before reaching a conclusion as to what extent the state complies with its constitutional and international obligations to realize disabled children‘s right to basic education (Chapter 6). Disabled children‘s need for basic education has led to the research question. quality, process quality, manufacturing process flow, principles of quality, factor analysis, multiple regression. / Thesis (LLM)--North-West University, Potchefstroom Campus, 2013.

Section 29(1) of the Constitution of the Republic of South Africa, 1996 states that everyone has the right to basic education. ―Everyone‖ includes disabled learners. The purpose of this study is to determine to what extent the state complies with its constitutional and international obligations to realise disabled learners‘ right to basic education. To reach the purpose firstly it has to be ascertained which legislation apply to disabled learners (whether direct or indirect) and how this legislation define disability (Chapter 2). Secondly the relevant constitutional sections have to be investigated. Sections 9, 28, 29 and 36 of the Constitution will be examined in particular. The purpose of the investigation of the constitutional sections is to determine what basic education entails and if there is a uniform definition thereof. Paired with the right to education, the meaning of inclusive education has to be determined and to what extent the state realises this (Chapter 3). A further purpose with the investigation of the constitutional provisions is to determine whether there is an infringement of disabled learners‘ right to equality and whether the possible infringements of the right to education and equality can be justified by the state (Chapter 4). Thirdly, the state‘s international obligations with regard to disabled learners‘ right to education and equality has to be investigated (Chapter 5) before reaching a conclusion as to what extent the state complies with its constitutional and international obligations to realize disabled children‘s right to basic education (Chapter 6). Disabled children‘s need for basic education has led to the research question. quality, process quality, manufacturing process flow, principles of quality, factor analysis, multiple regression. / Thesis (LLM)--North-West University, Potchefstroom Campus, 2013.

Sections 15 and 16 of the Criminal Law (Sexual Offences and Related Matters) Amended Act 32 of 2007 regulate consensual sexual acts between children. Both these sections criminalised children engaging in consensual sexual acts. The constitutionality of sections 15 and 16 of the Act where tested before the Constitutional Court by the Teddy Bear Clinic and RAPCAM. The Constitutional Court held that both articles are unconstitutional and ruled that these articles violate children's right to human dignity, privacy and the best interest of the child. The objective of this dissertation is to investigate whether children’s best interests are protected by law when they are involved in consensual sexual conduct. In order to answer this question, the historical background of legislation that regulated consensual sexual acts between children is analysed. Legislation that gives and protects children’s right to self-determination is examined. International instruments are also analysed. The High Court and the Constitutional Court judgements relating to children involved in consensual sexual conducts are discussed. The negative consequences of both these articles are discussed. The best interest principle is discussed according to case law. Ultimately a conclusion is reached. / LLM (Comparative Child Law), North-West University, Potchefstroom Campus, 2014

Sections 15 and 16 of the Criminal Law (Sexual Offences and Related Matters) Amended Act 32 of 2007 regulate consensual sexual acts between children. Both these sections criminalised children engaging in consensual sexual acts. The constitutionality of sections 15 and 16 of the Act where tested before the Constitutional Court by the Teddy Bear Clinic and RAPCAM. The Constitutional Court held that both articles are unconstitutional and ruled that these articles violate children's right to human dignity, privacy and the best interest of the child. The objective of this dissertation is to investigate whether children’s best interests are protected by law when they are involved in consensual sexual conduct. In order to answer this question, the historical background of legislation that regulated consensual sexual acts between children is analysed. Legislation that gives and protects children’s right to self-determination is examined. International instruments are also analysed. The High Court and the Constitutional Court judgements relating to children involved in consensual sexual conducts are discussed. The negative consequences of both these articles are discussed. The best interest principle is discussed according to case law. Ultimately a conclusion is reached. / LLM (Comparative Child Law), North-West University, Potchefstroom Campus, 2014