Spelling suggestions: "subject:"barent anda child (law)"" "subject:"barent ando child (law)""
41 |
Judicial interference with parental authority: a comparative analysis of child protection measuresKruger, Johanna Margaretha 30 November 2003 (has links)
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.
|
42 |
Interracial and intercultural adoption : a South African legal perspectiveFerreira, Sandra 05 1900 (has links)
The best interests of the child are paramount in every matter concerning the
child. This applies in the case of adoption of a child as well. When an adoption is
intercultural, culture is an issue to be taken into account. This study is undertaken
to consider the role that culture should play in a decision whether an adoption is
in the best interests of the child. In order to determine whether intercultural
adoption is a viable option that serves the best interests of the child, interracial
adoption also needs to be focused on, as intercultural adoption is often also
interracial. The research for this thesis is done from a South African legal
perspective, although some interdisciplinary and international research is
necessary as well.
A brief historical overview of adoption in South Africa is undertaken, as it is
important to have some background knowledge about adoption in South Africa in
order to understand why race and culture are relevant in the South African
adoptive system. The role of the family in the life of the child is investigated. The
difference between family care, parental care and alternative care is researched.
Thereafter the role of emotional bonding for a child, also known as attachment, is
focused on. An important question is whether race and culture is the same thing.
This is researched, whereafter the role of race and culture in the adoption
process is investigated. The relevant provisions of the Child Care Act 74 of 1983,which regulates adoption in South Africa, are compared to the relevant provisions
of the Children’s Act 38 of 2005, which will regulate adoption in South Africa
soon. Finally, some conclusions are drawn, shortcomings are highlighted and
possible solutions are suggested.
The outcome of this thesis should provide some guidance to those involved in the
adoption process with regard to the factors that are important in determining the
best interests of the child in an intercultural adoption. / Law / LL.D.
|
43 |
Gleichgeschlechtliche Partnerschaft und Kindeswohl /Copur, Eylem. January 2008 (has links)
Univ., Diss.--St. Gallen, 2007. / Literaturverz. S. 207 - 228.
|
44 |
The feasibility of compensated surrogacy in South Africa: a comparative legal studyMaré, Louis 07 April 2017 (has links)
The following is a study and comparison of the various types of surrogacy currently
being implemented locally and internationally and the laws surrounding it. I discuss the
current South African legal framework on surrogacy and summarise the relevant
legislative provisions whilst also further discussing the provisions prohibiting commercial
surrogacy and the reasons behind them. Thereafter an investigation follows into other
counties in respect of their individual laws regulating surrogacy and more specifically,
commercial surrogacy. I discuss how these countries attempted to regulate commercial
surrogacy and which regulations were a success and which weren‘t. The various
international laws and regulations surrounding surrogacy as well as commercial
surrogacy is then compared and discussed in a South African context. A discussion on
the intertwined constitutional rights of the surrogate mother, commissioning parents and
child follows and in conclusion I offer some recommendations on how to go about
legalising commercial surrogacy safely and successfully implementing it free from
exploitation. / Private Law / LL.M. (Specialisation in Private Law)
|
45 |
The position of unmarried fathers in South Africa: an investigation with reference to a case studyPaizes, Yulie Panayiota 30 November 2006 (has links)
This dissertation looks at the position of the unmarried father in South Africa with regard to obtaining access to his illegitimate child. The writer has focused on three distinct eras in South African family law: the position of unmarried fathers in terms of: the common law; Natural Fathers of Children Born out of Wedlock Act; and the Children's Act. The writer has further focused on a case study. This is to emphasis the difficulty which unmarried fathers have when attempting to go through the courts to have access to his child.
In terms of South African common law, fathers of illegitimate children did not have any form of parental authority over the child. The mothers of illegitimate children have full parental authority over such children. Access in terms of South African common-law is seen as an incident of parental authority. Unmarried fathers nevertheless had the right to approach the high court to obtain access to their children, if the mother of the child refuses to allow the father to have such access. In the late 1980's and early 1990's, there was an overwhelming amount of applications brought by unmarried fathers in the high courts so as to obtain access to their illegitimate children. The case of Van Erk v Holmer 1992 (2) SA 636 (W) sparked victory for unmarried fathers when the learned judge held that all unmarried fathers of children have an inherent right of access to their children. This victory was short-lived. Subsequent case law and in particular the case of B v S 1995 (3) SA 571 (A) enforced the common law and held that unmarried fathers do not have an automatic right to their illegitimate children and that such fathers will have to apply to the high court for such access. Due to the increase in litigation in the late 1980's and early 1990's regarding a father's access to his child born out of wedlock the Natural Fathers of Children Born out of Wedlock Act commenced on 4 September 1998. The South African legislature adopted the approach taken in the case of B v S 1995 (3) SA 571 (A) and rejected the approach taken in the case of Van Erk v Holmer 1992 (2) SA 636 (W) ie the common law continued to remain the approach taken in South Africa.
Legislators recognised that the approach taken in the Natural Fathers of Children Born out of Wedlock Act does not conform to the provisions of the African Charter of the Rights and the Welfare of the Child, the United Nations Convention on the Rights of the Child and equality and dignity provisions of the Constitution of the Republic of South Africa. On 19 June 2006, the Children's Act was effected and will commence once promulgated in the Government Gazette. The writer then determines whether the Children's Act has in practice changed the position of the unmarried father. / JURISPRUDENCE / LLM
|
46 |
Judicial interference with parental authority: a comparative analysis of child protection measuresKruger, Johanna Margaretha 30 November 2003 (has links)
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.
|
47 |
Interracial and intercultural adoption : a South African legal perspectiveFerreira, Sandra 05 1900 (has links)
The best interests of the child are paramount in every matter concerning the
child. This applies in the case of adoption of a child as well. When an adoption is
intercultural, culture is an issue to be taken into account. This study is undertaken
to consider the role that culture should play in a decision whether an adoption is
in the best interests of the child. In order to determine whether intercultural
adoption is a viable option that serves the best interests of the child, interracial
adoption also needs to be focused on, as intercultural adoption is often also
interracial. The research for this thesis is done from a South African legal
perspective, although some interdisciplinary and international research is
necessary as well.
A brief historical overview of adoption in South Africa is undertaken, as it is
important to have some background knowledge about adoption in South Africa in
order to understand why race and culture are relevant in the South African
adoptive system. The role of the family in the life of the child is investigated. The
difference between family care, parental care and alternative care is researched.
Thereafter the role of emotional bonding for a child, also known as attachment, is
focused on. An important question is whether race and culture is the same thing.
This is researched, whereafter the role of race and culture in the adoption
process is investigated. The relevant provisions of the Child Care Act 74 of 1983,which regulates adoption in South Africa, are compared to the relevant provisions
of the Children’s Act 38 of 2005, which will regulate adoption in South Africa
soon. Finally, some conclusions are drawn, shortcomings are highlighted and
possible solutions are suggested.
The outcome of this thesis should provide some guidance to those involved in the
adoption process with regard to the factors that are important in determining the
best interests of the child in an intercultural adoption. / Law / LL.D.
|
Page generated in 0.0996 seconds