Abstract in English, Zulu and Sotho / The aim of this study is to consider the application of family group conferencing (FGC) as child justice intervention for children in conflict with the law. An exploratory qualitative approach was followed to provide insight into the perceptions of experts with regards to the suitability of FGC for South Africa and for children, as well as the current application of, and potential context and scope for the application of FGC as a South African justice intervention. Semi-structured interviews were used as the data collection tool. Accordingly, experts from diverse disciplines, to wit social work, psychology, criminology, law, and education (and sub-speciality in FGC and restorative justice), were interviewed telephonically, face to face or via video chat. The sample was collected using purposive sampling through perusal of research articles and academic electronic sites, as well as snowball sampling whereby potential participants were identified. The findings show that FGC is an ideal intervention within the South African criminal justice context, and more particularly for child justice. The inclusion of family was noted as specifically important in dealing with children, and within an Afrocentric, Ubuntu-laden, socio-cultural environment. Furthermore, the suitability of FGC to the South African child justice context was linked to victim support and inclusivity, reconciliation aims, cultural flexibility, and ability to support offenders yet hold them accountable without criminalisation. Findings reiterated that FGC is inclusive of support persons, whilst Victim-Offender Mediation (VOM) is not. Resultantly, and with due consideration for the importance of support persons in child related interventions, the necessity of an amendment to the Child Justice Act 75 of 2008 (CJA) - pertaining specifically to VOM - is advocated. Provisions for the implementation of FGC in a child appropriate manner were recommended, namely, adequate preparation; age, needs, and context consideration; maintenance of safety and respect of all parties; and adequate facilitation. The findings regarding the current application of FGC as a child justice intervention in South Africa evinced that it is rarely implemented due to a lack of funding and resources, hesitancy of criminal justice professionals, and a decrease in diversion referrals due to a lack of knowledge and poor performance of the South African Police Services (SAPS). With the aim of extending and promoting FGC, findings noted the necessity for awareness and educational campaigns for both community and criminal justice persons; a multi-dimensional approach whereby various disciplines, societal sectors, government, and civil society work collaboratively; and lastly the importance of the launch of South African Restorative Justice Accreditation Board (SARJAB), an accreditation board for restorative justice practitioners was noted. Recommendations with regards to the findings were made with calls for advocation, action and further research. / Inhloso yalolu cwaningo ukubheka ukusebenza kwenqubo ye-family group conferencing (FGC) njengendlela yokungenelela ukusizana nezingane ezinqubuzana nomthetho. Kulandelwe inqubo ye-exploratory qualitative approach, ukuhlinzeka ngemibono yochwepheshe ngendlela ababona ngayo ukufaneleka kwe-FGC eNingizimu Afrika kanye nezingane, kanye nokusetshenziswa kwale nqubo manje, nokumumethwe yisimo kanye nokwendlaleka kwe-FGC njengenqubo yokusiza kwezomthetho nezinkantolo eNingizimu Afrika. Kusetshenziswe ama-semi-structured interviews njengethuluzi lokuqoqa ulwazi. Ngakho-ke, ochwepheshe bemikhakha ehlukene, efana neye-social work, isayikholoji, i-criminology, umthetho nemfundo (umkhakhana kwi-FGC kanye nenqubo yokulungisa nokubuyisela kahle kwisimo kulabo abonelwe kwezobulungisa, kwenziwe ama-interview ngezingcingo, ukubhekana ubuso nobuso kanye nokwenza izingxoxo ngamavidiyo. Kuqokelelwe isampuli ngokusebenzisa i-purposive (ukufunda ama-atikili ezocwaningo kanye nama-sayiti esiakhademiki ngendlela ye-elektroniki) kanye nokwenza amasampuli ngendlela ye-snowball, lapho khona okwaphawulwa khona ababambi qhaza kucwaningo. Okutholakele kukhombisa ukuthi inqubo ye-FGC yiyo elungile kwinqubo yezomthetho nezinkantolo zobugebengu eNingizimu Afrika, ikakhulukazi lapho kubhekwane nomthetho nezinkantolo nobulungisa maqondana nezingane. Ukubandakanywa komndeni kuqashelwa njengento ebalulekile ekubhekaneni nezingane, kanti futhi kwinqubo ebonelela indlela yobu-Afrika, indlela egxile kubuntu kanye nokubonelela amasiko endabuko yesintu. Kanti futhi okunye, ukufaneleka kwenqubo ye-FGC kwisimo seNingizimu Afrika sokubhekana nenqubo yomthetho yobulungisa maqondana nezingane, kuxhumene nokusekelana nabonelwe zingane ngendlela eyongamelayo, izinhloso zokubuyisana, ukuguquguquka kwezendabuko kanye nekhono lokusekela abonile, kodwa ngendlela yokuqikelela ukuthi izingane zibhekana nezenzo zazo ngaphandle kokuzibona njengezigebengu. Lezi zinto ezitholakele ngocwaningo, ukuthi inqubo ye-FGC ibandakanya ukusekela abantu, kodwa inqubo yokuqikelela ukuthi kube nokubonisana nabonelwe ngenqubo ye-victim-offender mediation (VOM) ayikuboneleli lokhu. Ngenxa yalokhu, kanti futhi ngokubonelela ukubaluleka kokusekela abantu kwinqubo yokungenelela ukusizana nezingane, umcwaningi uphakamisa ukuthi kuchitshiyelwe umthetho wokubhekana nezinkantolo nezingane, umthetho we-Child Justice Act (CJA) 75 ka 2008 – oqondene nenqubo ye-VOM. Kunconywa izindlela zokusebenza nge-FGC ngendlela ebonelela izingane, ngokwenza amalungiselelo afanele; ukubonelela iminyaka yobudala, izidingo kanye nezimo; ukuqikelela ukuphepha kanye nenhlonipho yazo zonke izinhlangothi ezithintekayo, kanye nosizo ngokuxhumanisa. Okutholakele maqondana nokusetshenziswa kwamanje kwenqubo ye-FGC njengendlela yokungenelela ukusizana nezingane kwinqubo yezomthetho nezinkantolo eNingizimu Afrika kuyinqubo engasetshenziswa ngokwanele ngenxa yokusweleka kwezimali neminye imithombo yosizo, ukungabaza kulabo ababhekene nenqubo yezinkantol o nobulungisa; kanye nokuncipha kwenqubo yokubonelela ezinye izindlela ezakhaya ngaphandle kokusebenzisa izinkantolo maqondana nezingane, ngenxa yokusweleka kolwazi, ukungasebenzi ngezinga elifanele kwenqubo yezamaphoyisa aseNingizimu Afrika, abe-South African Police Services (SAPS). Ngenhloso yokunabisa kanye nokuqhubela phambili i-FGC, umcwaningi, uphawula isidingo sokuqwashisa kanye nemikhankaso yemfundo emiphakathini kanye nakubantu abasebenza ezinkantolo ezibhekana nobulungisa; inqubo enezinhlaka ezehlukahlukile, lapho kusetshenziswa khona imikhakha ehlukene, abantu besizwe, uhulumeni, izinhlangano zemiphakathi, ukuthi yonke le mikhakha isebenzisane; kanti okokugcina, ukusungula inhlangano yaseNingizimu Afrika ye-South African Restorative Justice Accredidation Board (SARJAB) ukuze abasebenza ngenqubo yobulungisa nokubuyisela okulungile kulabo abonelwe basebenzise yona. Izincomo maqondana nokutholakele kucwaningo kwenziwa ngokwenza isimemezelo sokugqugquzelela ukwenziwa kwenqubo, izinyathelo kanye nolunye ucwaningo. / Maikemisetso a patlisiso ena ya boithuto ke ho shebana le tshebediso ya seboka sa sehlopha sa lelapa (family group conferencing (FGC)) jwalo ka mohato ho toka ya ngwana bakeng sa bana ba iphumanang ba le kgahlano le molao. Ho latetswe katamelo ya phuputso ka boleng, ho fana ka lesedi mabapi le maikutlo a ditsebi hodima ho tshwaneleha ha FGC bakeng sa Afrika Borwa le bana ba yona, hammoho le tshebediso ya hajwale, le dikateng le bophara bo ka bang teng ba FGC jwalo ka mohato wa toka wa Afrika Borwa. Ho sebedisitswe diinthavu tse sa hlophiswang ka botlalo ho bokelletsa datha. Ka mokgwa oo, ditsebi ho tswa makaleng a fapaneng, a jwalo ka tshebeletso ya setjhaba, dithuto tsa kelello ya motho le mesebetsi ya yona, dithuto tsa botlokotsebe, molao le thuto (lekala le tlasana la FGC le toka ya puseletso), di ile tsa botswa dipotso ka mohala, mahlong kapa ka puisano ya vidiyo. Sampole e bokelleditswe ka mokgwa wa thero (purposive) (ho balwa ha dingolwa tsa dipatlisiso le diwebosaete tsa elektroniki tsa dithuto) hammoho le mokgwa wa disampole o bitswang snowball, moo teng bao e ka bang bankakarolo ba ileng ba hlwauwa. Diphetho di supa hore FGC ke mohato o loketseng boemo ba Afrika Borwa ba toka ditlolong tsa molao, haholo bakeng sa toka baneng. Ho kenyelletswa ha lelapa ho bonwa ho le bohlokwa ho fetisisa tshebetsanong le bana, le tikolohong ya boAfrika, e kgannwang ke setso le bophelo ba ubuntu. Ho feta moo, ho tshwaneleha ha FGC ditabeng tsa toka ya bana Afrika Borwa ho hokahanngwa le tshebetso ya mahlasipa le kenyelletso, maikemisetso a tshwarelano, ho fetoha ha setso le bokgoni ba ho tshehetsa batlodi ba molao, empa ba ntse ba jariswa maikarabello ntle le ho ba etsa ditlokotsebe. Diphetho di netefatsa hore FGC e kenyeletsa batho ba tshehetsang, ha puisano pakeng tsa lehlasipa le motlodi wa molao (VOM) ese jwalo. Ka lebaka leo, mme le ka ho nahanela bohlokwa ba batho ba fanang ka tshehetso mehatong e amanang le bana, mofuputsi o buelella ho fetolwa ha Molao wa Toka ya Bana (CJA) 75 ya 2008 – e amanang ka kotloloho le VOM. Ho kgothaletswa maemo a ho kenya FGC tshebetsong ka tsela e loketseng bana, ka boitokiso bo lekaneng; kamohelo ya dilemo, ditlhoko le dikateng; poloko ya tshireletseho le hlompho ya baamehi bohle; le tataiso e loketseng. Diphetho tse mabapi le tshebediso ya hajwale ya FGC jwalo ka mohato wa toka baneng Afrika Borwa di supa hore hase hangata e sebediswang ka lebaka la tlhokeho ya tjhelete le disebediswa, qeyaqeyo hara ditsebi tsa toka botlokotsebeng, le phokotseho ya diphetiso ka lebaka la ho hloka tsebo le tshebetso e mpe lehlakoreng ya South African Police Services (SAPS). Ka maikemisetso a ho atolosa le ho phahamisa FGC, mofuputsi o lemosa tlhoko ya tsebo le matsholo a thuto bakeng sa setjhaba le batho ba sebetsang ka toka botlokotsebeng; katamelo ya makala a mangata moo makala a fapaneng, dikarolo tsa setjhaba, mmuso le setjhaba ba sebetsang mmoho; mme qetellong, bohlokwa ba ho theha Boto ya Toka ya Puseletso le Tlhwao ya Afrika Borwa (South African Restorative Justice Accreditation Board (SARJAB)) bakeng sa basebeletsi ba toka ya puseletso. Dikgothaletso tse mabapi le diphetho di etswa ho ntse ho kotjwa tshehetso, ketso le dipatlisiso tse eketsehileng. / Criminology and Security Science / M.A. (Criminology)

At a Muslim school a group of boys with a reputation for stealing got the opportunity to share stories with communities of concern. Honesty meetings, honesty tests, honesty certificates and honesty celebrations formed part of narrative therapy ways of working together to try and regain reputations for honesty. As an outsider researcher/therapist I was confronted by stories of slavery, racism, unemployment, poverty, crime and violence. Through collaboration with a cultural consultant it became possible to do theology and pastoral care as a Christian in a Muslim community in a respectful and ethical way. The sharing of stories of pain and resistance contributed to the mutual care and community amongst participants from communities separated by racism and apartheid legislation as well as differences of culture and religion. Reflections on this journey mark a migration of identity for me as researcher, therapist, Christian and white South African practical theologian. / Practical Theology / M.Th. (Pastoral Theology)

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.

This study was designed to understand the meaning of the lived experiences of incarcerated male juveniles who had committed drug-related crimes and to suggest guidelines for their rehabilitation with specific reference to their health care needs. In order to achieve these objectives, the researcher used Parse’s (1998) Theory of Human Becoming as a theoretical framework for the study and Parse’s (1998, 2005) phenomenological-hermeneutic research method. This study was restricted to three juvenile correctional centres in the Gauteng province, Republic of South Africa (RSA). A sample of 15 male juveniles (5 at each of the three juvenile correctional centres) was used for the purpose of individual dialogical engagements with the participants. Focus group interview sessions were held with two groups (5 members per group) at two identified juvenile correctional centres. A qualitative content analysis according to methods recommended by Graneheim and Lundman (2004) was performed on the data that was collected from the individual dialogical-engagements and the focus group interviews. The researcher attempted to elucidate the meanings that the participants attached to their experiences of incarceration as narrated by them and analysed the data according to Parse’s (1998; 2005) phenomenological-hermeneutic method comprising of extraction-synthesis and heuristic interpretation. The findings of this research confirm that problems of drug abuse and criminal activity represent a multifaceted, complex and often intractable phenomenon. The research also confirmed that the participants suffer from a variety of emotional and psychological problems such as depression, anxiety, fear, guilt, remorse, regret and a craving for the drugs that they had abused before their incarceration. It appears that the participants find it extremely difficult to deal effectively with these disorders on their own and that they are generally averse to asking for professional help and assistance. Interventions to alleviate these problems are crucial for the success of the current rehabilitation programmes being pursued in the correctional centres where the participants are accommodated. / Health Studies / D. Litt. et Phil. (Health Studies)

This study focuses on the experiences of teachers in addressing the academic wellness of juvenile offender learners in the Correctional Centre. The main aim was to explore and understand the experiences of teachers in addressing the academic wellness of juvenile offender learners in a Correctional Centre School. In order to achieve this aim, the researcher used Bronfenbrenner’s eco-systemic theory (1977) and the Wellness theory by Hettler (1980) as a theoretical framework. The study was conducted at one of the Correctional Centres in Gauteng Province, South Africa. Purposive sampling was used, and two Correctional School teachers were selected. The study was qualitative in nature, embedded within an interpretive paradigm and used a phenomenological approach. After ethical measures were addressed, data were collected using the semi-structured interviews (Henning, Van Rensburg & Smit, 2004). The findings revealed that teachers implemented effective teaching strategies towards the enrichment of the academic wellness of the juvenile offenders in the Correctional Centre. Teachers indicated that there are barriers to learning in the Correctional School. Level of literacy and numeracy skills are low among juvenile offender learners. Some learners are not interested in learning and they have poor educational background. However, teachers revealed from the findings that indicate that effective schooling rehabilitates and could lower recidivism. An additional theme indicated that learning and teaching support materials (LTSM) are not adequately available. Moreover, teachers need empowerment and development in the Correctional setting and to be equipped or skilled adequately on necessary knowledge to handle special school environment and its challenges. Recommendation was made that to enhance and improve juvenile offender learners’ academic wellness, ample time spent during lock-up should instead be allocated to the Correctional School, be used efficiently and effectively. / Inclusive Education / M. Ed. (Inclusive Education)

The aim of this exploratory study was to investigate the Western Cape Province's non-governmental child diversion programme compliance with the Minimum Programme Outcomes Standards developed by the Department of Social Development for programme accreditation. The Minimum Standards focus on optimal diversion outcomes for children in conflict with the law and were designed to ensure good diversion practice. The juvenile justice system has determined child diversion as a rehabilitative and cost-effective alternative justice option, positively contributing towards the curbing of re-offending among child offenders. The research process was guided by a mixed method approach and utilised a structured questionnaire as well as comments and information stated by the respondents during the interview process. The questionnaire was applied to a representative sample of non-governmental diversion programme facilitators of the various diversion programme types to determine the level of programme compliance and to evaluate the implications that the results might hold for programme participants, service providers, as well as for the accreditation process. The results of the study revealed a high level of Minimum Programme Outcomes Standards compliance, with an average of 83%. These results indicate that, in general, the programmes provided by non-governmental diversion service providers are complying with the Minimum Standards and are thereby ensuring good diversion practice. This should positively influence their eligibility for programme accreditation by the Department of Social Development. At the same time. the results of the study have pointed towards other challenges. which were evaluated and discussed. / Criminology / Criminology and Security Science / M.A. (Criminology)

Thesis (MEd (Education Policy Studies))--University of Stellenbosch, 2005. / During his presidency, Mr Nelson Mandela could not emphasise enough the rights of children and the conditions of children and youth in detention. In his first opening speech of Parliament in 1994 he made it quite clear that the rights of children had to be prioritised. In May 1995, a year after the Government of National Unity came into power, Mr Mandela recommended that an Inter-Ministerial Committee for Youth at Risk should be appointed to draft an improved system for Child and Youth Care. With regard to children who are guilty of lawlessness, drug abuse, gangsterism and juvenile delinquency, Places of Safety occupy an important position in the South African education system. In this research I conclude that the biggest stumbling block for the effective application of moral education in Places of Safety could be attributed to the fact that children admitted to these places are hardened street children. They form a sub-culture on their own, who could easily be influenced by the group of whom they are part. The multi-disciplinary teams who are responsible for the moral education of these learners are not always adequately trained to handle their tasks effectively, and do not always realise the necessity thereof. The limited time that these learners/children spend at Places of Safety also has an influence on the effective application of their moral education. The programmes at Places of Safety are specifically designed to support the regeneration of morality for children who stray from accepted social norms and values of society. The National Institute for Crime Prevention and the Reintegration of Offenders (NICRO) has support structures in the community in places which support children and youth, who are guilty of unacceptable social behaviour, such as violent crimes, house burglary and rape. One may refer to support structures as diversion programmes, and they are managed by NICRO to support institutions that are currently working with persons in conflict with the law.

In March 2011, Multnomah County's Juvenile Services Division (JSD) in Portland, Oregon implemented a new program model called Functional Family Probation Services, a case management model based on the principles of Functional Family Therapy. Under this model JSD Juvenile Court Counselors deliver Functional Family Probation Services to medium and high-risk youth on probation; both to the youth and their family in their home. This qualitative case study examined the extent to which the Juvenile Court Counselors and Community Justice Managers implemented Functional Family Probation Service's components and recorded their opinions regarding Functional Family Probation Services as a case management model. The study included observations of consultation meetings and interviews of 17 Juvenile Court Counselors, Community Justice Managers, and Senior Managers. The primary results of the study revealed that the Functional Family Probation Services intervention is well received by the county's youth and families and that Functional Family Probation Services increases family functioning. Additionally, both observations and self-reports from the Juvenile Court Counselors and Community Justice Managers indicate that Functional Family Probation Services requires individual and organizational changes critical for its successful implementation and sustainability.

Esta investigação tem por objetivo analisar o significado e o sentido que “reincidentes” na Medida Socioeducativa de Internação paranaenses dão para a reincidência e a maneira pela qual reincidiram. Trata-se de uma abordagem qualiquantitativa, exploratória e descritiva, operacionalizada por meio da pesquisa bibliográfica e documental e da entrevista semi-estruturada. A orientação teóricometodológica de base empírica e documental que ilumina os procedimentos lógicos seguidos é a hermenêutica-dialética. A pesquisa descreve e contextualiza os principais instrumentos jurídico-normativos e teórico-praticos que atualmente regulamentam e informam, no Estado do Paraná, o tipo de intervenção estatal consubstanciada nas instituições, políticas, práticas profissionais e agentes especializados que compõem o Sistema Estadual de Atendimento Socioeducativo, apontado a conservação de uma estrutura material e institucional distintiva da modernidade penal, encoberta sob a perspectiva de uma “infância universal” e operacionalizada por um pretenso “reordenamento político-institucional” que ampliou o uso do encarceramento como resposta institucional à violência e à criminalidade juvenil partindo, primeiramente, da ideia de “reinserção” e, depois, de “prevenção” e gestão dos “fatores de risco”. Os resultados apontam uma seletividade penal focada na distinção de raça e classe, onde os “reincidentes” na Medida Socioeducativa de Internação representam 17,5% do total de adolescentes em “cumprimento” desta mesma Medida. Trata-se de jovens (92,7% entre 16 e 18 anos) não-brancos (61,8%), do sexo masculino (98,2%), com pouca escolaridade (74,5% na Fase II do Ensino Fundamental), excluídos do mercado de trabalho (81%), provenientes de famílias despossuídas (49% recebem entre 1 e 2 salários mínimos) e dos territórios precarizados dos grandes centros urbanos (80%). A “natureza” dos atos infracionais atribuídos aos “reincidentes” confirma a predominância de uma “criminalidade de rua” (76,3%) com destaque para os atos infracionais tipificados como crimes contra o patrimônio (roubo: 41,2%) e contra a incolumidade pública (tráfico de drogas: 21,4%). A chamada “criminalidade violenta” (crimes contra a pessoa) equivale a 13,4% de todos os atos infracionais atribuídos aos “reincidentes”. A investigação desvela que a privação de liberdade impede o acesso dos sujeitos a processos de socialização, pertencimento, reconhecimento e alteridade necessários à sua emancipação. Privilegiando a entrevista com “informantes-chave” e a constituição de suas trajetórias, vivências e experiências (tanto na relação com as instituições e organizações sociais quanto com as instituições de privação de liberdade), a investigação ratifica que a privação de liberdade, além de retirar o sujeito de seus círculos de relacionamentos e sistemas de trocas simbólicas, impedindo seu desenvolvimento pleno, reproduz injustiças sociais e estigmatizações, causando sofrimento inútil, alienação, controle, segregação e neutralização. / This research aims to analyze the meaning and the sense that "recidivists" in Measure Socioeducative of deprivation of liberty paranaenses give to the recidivism and the manner in which they relapsed. This is a qualitative and quantitative, exploratory and descriptive approach, operationalized through the bibliographical and documentary research and through the semi-structured interview. The theoretical and methodological, empirical and documentary guidance that illuminates the logical procedures followed is the hermeneutics-dialectics. The research describes and contextualizes the main legal-normative and theoretical-practical instruments that currently regulates and inform, in the State of Paraná, the type of state intervention consubstantiated in institutions, policies, professional practices and specialized agents that comprise the Socioeducative System of the State of Paraná, pointing out conservation of a institutional and material structure of the penal modernity, hidden from the perspective of a "universal childhood" and operated by an alleged "politicalinstitutional reorganization" which extended the use of imprisonment as an a institutional response to the juvenile violence and crime, starting, first, of the idea of "resocialization" and, then of the ideas of "prevention" and management of "risk factors". The results indicate a criminal selectivity focused on race distinction and on class distinction, where the "recidivists" on Measure Socioeducative of deprivation of liberty represent 17.5% of adolescents in "fulfillment" of that same Measure Socioeducative. It is young (92.7% between 16 and 18 years) non-whites (61.8%), male (98.2%), with low education (74.5% in Phase II of the Elementary School ), excluded from the labor market (81%), from dispossessed families (49% receive between 1 and 2 minimum wages) and of precarious areas of large urban centers (80%). The "nature" of the infractions attributed to the "recidivists" confirms the predominance of a "street criminality" (76.3%) highlighting the illegal acts typified as crimes against property (robbery: 41.2%) and against public safety (drug trafficking: 21.4%). The so-called "violent crimes" (crimes against persons) equals to 13.4% of all infractions attributed to the "recidivists". The research shows that deprivation of freedom prevents access of individuals to the socialization processes, belonging, recognition and otherness necessary for their emancipation. Privileging the interview with "key informants" and the constitution of their trajectories and life experiences (both in relation to the institutions and social organizations and with the institutions of deprivation of liberty), the research confirms that the deprivation of liberty, besides withdraw the subject of the your circles of relationships and of the your symbolic exchanges systems, preventing their full development, reproduces social injustices and stigmatization, causing suffering unnecessary, alienation, control, segregation and neutralization.

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 and Security Science / M.A.