Section 234 of the Constitution of the Republic of South Africa, 1996, states that in order to deepen the culture of democracy established by the Constitution, Parliament may adopt Charters of Rights consistent with the provisions of the Constitution. In accordance with its obligations caused by ratifying various international instruments, the government adopted the Service Charter for Victims of Crime in South Africa in 2007. The Service Charter entrenches seven specific rights to a victim of a crime, which also includes the child as a victim. The purpose of this dissertation is to investigate the question whether the rights of child victims to be treated with fairness and with respect for dignity and privacy, to offer information and to receive information are satisfactorily protected within the South African legal framework in light of the requirements of the Constitution and the international legal framework. As point of departure, the background and legal nature of the Service Charter will be investigated briefly. The background of the relevant international and regional instruments are also discussed. This is followed by an analysis and an explanation of the theoretical foundations of the right to be treated with fairness and with respect for dignity and privacy, from an international, regional and a South African perspective. Attention is particularly drawn to the way the courts have interpreted the right to be treated with fairness and with respect for dignity and privacy. What the right entails within the Victim’s Charter is also investigated. This is followed by an analysis and an explanation of the theoretical foundations of the right to offer information and to receive information, from an international, regional and a South African perspective. What the right entails within the Victim’s Charter is also investigated. Finally, a conclusion is reached. / LLM (Comparative Child Law), North-West University, Potchefstroom Campus, 2014

Thesis (LLD) -- Stellenbosch University, 1988. / Article 1 Section 8 Clause 8 of the Constitution of the United States of America empowers Congress "to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries". This simple clause sums up in a few words the philosophy and underlying principles of modern copyright law. Copyright law, like other branches of intellectual property law (i.e. the laws of patents, trade marks and designs), seeks to create a system whereby the creator of original works or intellectual property is afforded a qualified monopoly in the use or exploitation of his work in order, first, to compensate and reward him for the effort, creativity and talent expended and utilized in the creation of his work, and secondly, to act as an incentive for him to use his talents and efforts to create more and better works or items of intellectual property. The qualified monopoly is limited in duration and after the expiry of the term the work falls into the public domain and can be freely used and reproduced by others. A balance is struck between the interests of the individual and the public interest. The rationale behind this philosophy is the establishment of a profit incentive for creators of intellectual property. The effectiveness of the profit motive is dependent upon the degree to which the creator of the intellectual property is able to maintain and enforce his qualified monopoly. If the law is not effective in enabling the creator of intellectual property to maintain and enforce his monopoly then the efficiency of the operation of the profit motive will be impaired. Consequently, the soundness and effectiveness of the law of copyright is a . significant factor in the promotion of the creation of intellectual property and ultimately• in enriching our culture and promoting our knowledge and well-being. Viewed from a different perspective, the purpose of copyright is to prevent one man from appropriating to himself what has been produced by the skill and labour of others1 . In broad terms, copyright may be described as the exclusive right in relation to a work embodying intellectual property (i.e. the product of the intellect) to do or to authorize others to do certain acts in relation to that work, which acts represent in the case of each type of work the manners in which that work can be exploited for personal gain or profit. Copyright is an immaterial property right. The subject of the right is a work of the intellect or spirit and thus an intangible. Copyright in a work is akin to ownership in a tangible article. The following analysis of the essential nature of copyright by Slomowitz AJ in Video Parktown North (Pty) Limited v Paramount Pictures Corporation is instructive: "It seems to me that when he who harbours an idea, by dint of his imagination, skill or labour, or some or all of them, brings it into being in tactile, visible or audible form, capable thereby of being communicated to others as a meaningful conception or apprehension of his mind, a right of property in that idea immediatelycomes into existence. The proprietary interest in that object of knowledge is the ownership of it and is called 'copyright'. It might just as well be called 'ownership', but we have chosen to call it by another name, reserving 'ownership' as the appellation for the proprietary interest in corporeal things, by way of semantic, but not, as I see it, legal, distinction. In this sense, copyright has sometimes been called 'intellectual property', as it indeed is. " Copyright subsists in the work of the intellect embodied in a material form which is a tangible article. The tangible or physical form of the work embodies two separate items of property, i.e. the copyright in the work of the intellect and the ownership of the tangible article. Ownership of the two items of property must be distinguished and can vest in different persons. Transfer of the ownership of one of the i terns of property does not necessarily affect transfer of the ownership of the other item of property.

Over the past twenty years there has been growing recognition that young people who have sexually harmed should not simply be treated as younger versions of adult sex offenders. Changes in terminology and recommended treatment reflect the fact that these young people are still developing and have a range of strengths and needs including harmful sexual behaviour. In acknowledging the harm caused by sexual abuse to victims it is also important to see that many young perpetrators have also been victims of abuse, domestic violence and sexual exploitation. Practitioners and Government reports have asserted that work with these young people should be holistic, but this word ‘holistic’ is used with a range of meanings and emphases. This study identifies broadly accepted meanings of working holistically with young people who have sexually harmed and presents associated benefits, challenges and implications for practice. The study used a mixed methods approach, utilising an initial breadth survey of practitioners across England and Wales before focusing in on a depth study based in one city Youth Offending Team. Key themes from the breadth survey were tested during the fieldwork placement with observations and interviews with professionals within the team and external therapists, social workers and residential staff. Additional interviews included contributions from volunteer panel members, young people and a parent. Grounded theory analysis led to the identification of four main themes of holistic work: seeing the whole young person; working with wider family and peers; working in a multiagency way and using a range of creative methods. Findings are discussed in relation to ‘what works’ and ‘evidence based practice’. Each of these areas contributes benefits and challenges to the work and leads to implications for practice. The study concludes with recommendations for practitioners and policy-makers to make work more holistic and effective.

The Criminal Act, No. 140/1961 Sb., was amended many times during its effectiveness. The amendments reacted mostly to the actual needs given by changes of crime development. During the 1990s it became obvious that these changes could not be sustainable for the future. Recodification of criminal law was prepared, and finally approved by the Parliament of the Czech Republic. The new Criminal Act came into force on 1st January 2010. The purpose of my thesis is to analyse the concept and classification of offences in the new Criminal Act. The thesis consists of eight chapters, each of them dealing with different aspects of the concept and classification of offences. Chapter One is an introduction briefly explaining the need for the new Criminal Act. The introduction also includes a short outline of the thesis. Chapter Two defines basic terminology used in the thesis (the definition of an offence, the concept of an offence and the classification of offences). Chapter Three examines the historical development of the concept of an offence and categories of offences. This chapter focuses on the Austrian Criminal Act 1787, the Austrian Criminal Act 1803, the Austrian Criminal Act 1852, draft bills of the Criminal Acts 1926 and 1937, the Criminal Act 1950 and the Criminal Act No.140/1961 Sb. Chapter Four...

Studiens syfte var att undersöka hur tjänstemän hos socialtjänsten och polisen uppfattar samverkan mellan de olika organisationerna, mer specifikt samverkan som metod i arbetet mot brott i nära relationer. Studien ämnade även undersöka hur de uppfattar myndigheternas roller i ett sådant samarbete. För att undersöka detta genomfördes semistrukturerade intervjuer med tjänstemän från båda myndigheterna, i både förstadiet och efter genomförandet av ett samverkansprojekt mot brott i nära relationer. Studiens resultat visade att idén om att samverka mot brott i nära relationer har ett starkt stöd bland tjänstemännen hos båda myndigheterna. De faktorer som uppfattades som viktigast för en effektiv samverkan är en tydlig ansvarsfördelning mellan aktörerna, att förankra metoden i hela organisationen, en administrativ samordning och att samverkan får tillräckliga resurser. Resultatet visade också att tjänstemännen hos de båda myndigheterna hade en tydlig bild av den egna yrkesrollen, men att en osäkerhet hos aktören kan dyka upp när hen förväntas agera på ett vis som inte är i linje med den egna uppfattningen om rollen. / The aim of the study was to investigate how officials of the social services and the police perceived inter-organizational collaboration. More specifically inter-organizational collaboration as a method in the work against intimate partner violence. The study also aimed to examine how they perceive the authorities' roles in such cooperation. In order to investigate this, semi-structured interviews have been carried out with officials from both authorities. The interviews were conducted both in the preliminary stage and after a collaborative project against intimate partner violence. The study's result showed that the idea of cooperating against this type of problems has a strong support among the officials of both authorities. Factors that are perceived as the most important for effective collaboration are a clear division of responsibilities between the actors; to have the collaboration on an institutional level, instead of interpersonal, administrative coordination and ensuring that the collaboration has sufficient resources. The result also showed that the officials of the two authorities had a clear conception what constitutes as their professional role. That clear conception can create an uncertainty within the actor when he or she is expected to act in a manner that is not in line with his or her perception of the role.

This study is based on a proposition about the legislation regarding sexual offences prepared by a commission initiated by the Swedish government in 1972 which was presented in 1976. The purpose of this study has been to ascertain the commissions views on rape based on their representation of the problem, their presuppositions and assumptions regarding it and future consequences in behavior for victims and offenders of the crime. The key results of this study is that the commission regarded the “problem” of the then current legislation to be non-consistently with the time being. In their opinion the legislation needed to be loosened from its moral strings and be adjusted to the “new” sexually liberal era. The study has furthermore shown that the commission had a clear picture of rape as consistent of different victims and different perpetrators regarding the prevailing situation. Depending on factors such as gender, social class and generation the commission pointed out certain women likely be sexually assaulted and certain men likely to be rapists. Consequences of this being that certain women were regarded as jointly responsible in case of being subject to rape. These women were led to the perception that they, in the future, had to avoid a certain behavior if they did not want to risk being raped. Rather than the victims of rape perpetrators benefited by the suggested new legislation since their crimes were looked upon more mildly than before and they were not themselves fully responsible for the offence.

This study records an attempt to apply feminist epistemology to the conduct and communication of social science research, specifically of the Badgley Report. When I began, I wanted to understand why and how mainstream social science research persists in evading feminist analysis of the problem of child sexual abuse, despite agreement on incidence and perpetrators. I also wanted to find ways of producing knowledge that did not either evade nor postpone voicing the truths of women's and children's experiences of child sexual abuse. I have learned that commitment to a feminist framework requires critical consciousness of all aspects of the processes by which knowledge is constructed, including the relationship and interaction between the writer and reader of research. Thus, what I have attempted to do in this thesis is to communicate feminist research processes through both the form and the content of my report.

Darbe keliama hipotezė – procesinė taisyklė, leidžianti apylinkių teismams nagrinėjant administracinių teisės pažeidimų bylas, savo iniciatyva neribotai rinkti įrodymus, pažeidžia proceso šalių lygiateisiškumo ir rungimosi principus. Siekiant patvirtinti hipotezę, yra pasirinkta trijų dalių darbo struktūra. Pirmojoje dalyje aptarta administracinių teisės pažeidimų bylų teisena, administracinės atsakomybės samprata ir organai (pareigūnai) įgalioti nagrinėti administracinių teisės pažeidimų bylas. Antroje dalyje analizuojama rungimosi ir lygiateisiškumo principų samprata, jų veikimas administracinių teisės pažeidimų teisenoje. Paskutinėje dalyje įvertinamas teisėjo vaidmuo administracinių teisės pažeidimų teisenoje, lyginama su užsienio šalių teisinėmis sistemomis Atlikus mokslinės teisinės literatūros, įstatymų analizę bei išanalizavus bendros kompetencijos teismo vaidmenį nagrinėjant administracinių teisės pažeidimų bylas, galima daryti išvadą, kad teisėjas rinkdamas įrodymus pažeidžia rungimosi ir proceso šalių lygiateisiškumo principus. Darbe keliama hipotezė pasitvirtino. / The paper proposes a hypothesis – the procedural rule that enables district courts to collect evidence while hearing the cases of administrative law offences at their own initiative without any limitations violates the principle of equal rights of the dispute parties and the adversarial principle. In order to support the hypothesis, a three-part structure of the paper has been chosen. The first part discusses administrative legal proceedings, the concept of administrative liability and the bodies (officers) authorized to hear the cases of administrative law offences. The second part analyzes the concept of the adversarial principle and the principle of equal rights, their application in administrative legal proceedings. The final part evaluates the role of a judge in administrative legal proceedings and provides a comparison with foreign legal systems. The analysis of scientific legal literature, laws, the role of the court of general competence and the case-law on administrative law offences permits to jump into conclusion that by collecting evidence in administrative cases without limitations, the judge violates the adversarial principle and the principle of equal rights of the parties in the proceedings. The proposed hypothesis has been supported.

Dans le contexte général du début du XXe siècle, les petits délinquants font l’objet d’une grande attention de la part des instances régulatrices que sont la Police municipale de Paris et le Tribunal pour enfants et adolescents (TEA). La problématique qui s’intéresse aux effets de la crise sur la délinquance ne se limite pas au champ économique. Elle interroge également l’histoire sociale, politique, judiciaire et culturelle. En effet, la loi du 22 juillet 1912, créant les TEA, réorganise la répression de cette petite délinquance qui a ses quartiers, ses pratiques délictuelles propres. Du cœur de Paris à Saint-Denis, la délinquance juvénile agit de différentes façons. Dans ce territoire parisien se déploient toutes sortes de configurations qui conditionnent les petits larcins. La recherche interroge le rôle de tous les acteurs gravitant autour des mineurs de moins de 21 ans : policiers, juges, délégués à la liberté surveillée, parents, médecins, experts, criminologues, juristes. Cette interrogation prend place alors que s’établit un politique de protectrice des mineurs. Dans ce cadre, c’est avec plus ou moins d’efficacité et de moyens que la loi de 1912 est appliquée. L’ensemble de la recherche questionne ainsi le rôle de l’État dans l’intégration des mineurs délinquants à la République et à la société. / Within the overall framework of the beginning of the XXth century, young delinquents are the subject of great attention on the part of approved regulators such as the Municipal Police Department of Paris, the Court for Children and Adolescents. The issue that examines the crisis effects on delinquency is not only restricted to the economic field. It also questions social, political, legal and cultural history. Indeed, the Act of 22 July 1912 that creates the Courts for Children and Adolescents, reorganizes the repression of childhood delinquency which has its neighbourhoods and its own tort practices. From the heart of Paris to Saint Denis, juveline delinquency acts in different ways . In this Parisian area, all sorts of configurations are deployed which impact and influence petty theft. The research examines the role of every agent that gravitates around children under 21 years of age : policemen, judges, probation officers, parents, medical evaluators, criminologists, legal experts. This questioning arises while a protective childhood policy is taking place. In this context, the law of 1912 is applied with more or less effectiveness and means. The whole research raises the question of the government's role in integrating juvenile offenders into the Republic and society.

Sexual coercion (section 186 of the Penal Code) and other offences against human dignity in sexual sphere My diploma thesis analyzes of the sexual coercion and it also applies to comparison of the sexual coercion with the other offences against human dignity in sexual sphere, mainly with the rape and the sexual abuse. The sexual coercion is newly (since 2009) included in the Czech Penal Code, namely in the section 186 of this Penal Code. There we find seven subsection (paragraphs) of its editing. The main aim of this text is interpret individual legal signs of the elements of the sexual coercion, particularly the object, the physical elements (actus reus), the offender (the subject) and the mental elements (mens rea). I try to put this aim into context. In the beginning, I sketch of the historical evolution of the legislation of the sexual offences. After that, I deal with the criminological excursion about sexual crime (crime against human dignity). Then this text continues with the concise essay on the present legislation of the sexual offences and their classification. After that, the major part of this thesis describes some terms that are related to the sexual coercion. In this part, I try to compare Czech legislation of the sexual offences with German, Austrian and Swiss legislation, because...