This research seeks to contribute to the debate on the state infringing upon the responsibilities and rights of parents with regards to the reproductive health of their children. The qualitative method of research is used. The researcher analysed the right of the child to participate in conjunction with best interests of the child, as well as the reproductive rights of children. Furthermore, the argument is based on the provisions of the South African legislation that deals with the reproductive rights of children. This legislation includes the Children's Act 38 of 2005 and the Choice on Termination of Pregnancy Act 92 of 1996. The crux of the discussion is on access to contraceptives provided to children without parental consent, as it is provided for in section 134 of the Children's Act 38 of 2005, as well as the lack of consent needed in the Choice on Termination of Pregnancy Act 92 of 1996 for a girl with no specification of age. The debate is on the fact that the responsibilities and rights that parents have towards their children are not considered. They are not involved in the major decisions that the children who are under their care and guidance have to make. Due to this finding, it has been recommended that it is very imperative to allow the parents to be involved in matters that pertain to their children's reproductive rights. This means that as children are informed about their reproductive rights, the parents must be involved as well, so as to make informed decisions relevant to the issues that their children encounter. / LLM (Comparative Child Law), North-West University, Potchefstroom Campus, 2015

This research seeks to contribute to the debate on the state infringing upon the responsibilities and rights of parents with regards to the reproductive health of their children. The qualitative method of research is used. The researcher analysed the right of the child to participate in conjunction with best interests of the child, as well as the reproductive rights of children. Furthermore, the argument is based on the provisions of the South African legislation that deals with the reproductive rights of children. This legislation includes the Children's Act 38 of 2005 and the Choice on Termination of Pregnancy Act 92 of 1996. The crux of the discussion is on access to contraceptives provided to children without parental consent, as it is provided for in section 134 of the Children's Act 38 of 2005, as well as the lack of consent needed in the Choice on Termination of Pregnancy Act 92 of 1996 for a girl with no specification of age. The debate is on the fact that the responsibilities and rights that parents have towards their children are not considered. They are not involved in the major decisions that the children who are under their care and guidance have to make. Due to this finding, it has been recommended that it is very imperative to allow the parents to be involved in matters that pertain to their children's reproductive rights. This means that as children are informed about their reproductive rights, the parents must be involved as well, so as to make informed decisions relevant to the issues that their children encounter. / LLM (Comparative Child Law), North-West University, Potchefstroom Campus, 2015

The presented thesis provides a comprehensive view of the current legislation on family and parents-children relationships, including insights into past and future. Being a still hot topic is the reason why I chose it for my thesis. Two introductory chapters discuss historical context of family and development of legal relationships between parents and children to date. The family has evolved over time, developed and changed and so has the status of its individual members, which was all reflected in legislation (paternal power, parental power, parental rights and duties, parental responsibilities). The current concept of family is described in Chapter 3, followed by Chapter 4 which gives general characteristics of family law and legal relations within the family, including the definitions of basic concepts used in the rest of the work. Key Chapter 5 discusses the concept of parental responsibilities brought into our law by the so-called "big amendment" to the Family Code (Act No. 91/1998 Coll.). In exercising these rights and duties, parents are obliged to protect the best interests of the minor child, to control his or her actions and to exercise supervision over him or her. The parent-child relationship is equal and both its parties are holders of complementary rights and duties. In all actions, child's...

This research evaluates the potential challenges to a total eradication of child trafficking in Nigeria. The magnitude of the problem, as well as its despicable nature, triggered increasing legislations in Nigeria in recent years. This research shows that despite the remarkable efforts in term of law and policy approaches the problem appears to persist. The objective of the research is to demonstrate that law and policies approaches to addressing the issue are not proving effective. It appears that several socio-cultural issues related to child trafficking remain unaddressed. Despite the wealth of knowledge in relation to the topic there is a gap in literature. Indeed the existing gap in literature regarding child trafficking in Nigeria is evidenced by the fact that no adequate way forward has been indicated to overcome the phenomenon. In an attempt to fil the existing gap this research inquires whether the non-achievement of goals in combatting child trafficking is imputable to the lack of toughness in the spirit of the laws and policies or the lack of efficacy due to ineffective implementation and enforcement. By proving the appropriate answers to these crucial questions the research may not only fil the existing gap in literature by also offer the adequate approach to be taken by law and policy makers and other stakeholders in the fight against child trafficking to overcome the problem. The approach taken in conducting this research is textual analysis or doctrinal analysis and deconstruction of the enforcement mechanisms of human trafficking laws and policies in Nigeria in general. However Nigeria has sufficiently domesticated international human trafficking legislation and Human Rights instruments, the issue of enforcement remains a crucial element in achieving the ultimate goal of total eradication. Where such prospect appears unattainable, it is necessary to adopt a holistic approach to combatting child trafficking in order to achieve the ultimate goal of total eradication.

The aim of this dissertation is to establish if the unmarried father has been placed in a better position regarding his rights to his child with the advent of the Children’s Act 38 of 2005. Prior to the commencement of the Children’s Act a number of different sets of legislation encompassed the unmarried father’s position. The unmarried father could not automatically acquire any rights to his child and had to prove that it would be in the child’s best interests to be allowed contact. The study was done on the basis of an analysis of the interaction of the unmarried father’s rights with the child’s rights, as well as the interaction of their rights with the Constitution. An analysis was also made of the manner in which the Bill of Rights in the Constitution should be applied with respect to the relationship between parents, their children and the state. From the study it was found that the unmarried father’s rights interlink closely with those of his child and the state. It was established that the Bill of Rights must be applied both horizontally and vertically and that the primary duty rests on the parents and only passes to the state if the parents are unable to perform their primary duties to the child. It was further established from the study that a limitation on the parent’s right to equality is only justified in terms of section 36 of the Constitution by the child’s overriding right to have meaningful relationships with both parents. A comparison was made with the relevant legislation of some African and non-African countries to establish if South Africa could learn something from their child law legislation. An analysis was also done of those sections of the Children’s Act that interact with section 21. From this analysis it was clear that many sections and phrases in the Children’s Act are unclear, undefined and open to interpretation. In this regard certain amendments to the Children’s Act are suggested in the study. It is submitted in this study that even though the Children’s Act codified legislation pertaining to children and the unmarried father may acquire parental responsibilities and rights, the improved position is superficial and subject to obstacles. The unmarried father needs to fullfil certain requirements in order to acquire his parental responsibilities and rights, as provided for in section 21(1). One of the main problems of this section is that it does not provide for any form of proof to be provided to the unmarried father to confirm or indicate that he has acquired responsibilities and rights. Even though the mother has these rights simply because of her biological link to the child, she is hardly ever placed in the position where her parental responsibilities and rights are questioned by third parties. This is not the position with the unmarried father. He is firstly placed in a disadvantaged position because he has no way to show that he is the holder of rights and secondly he is being discriminated against, simply because he is placed in this position. It was concluded in this study that despite the improved position of unmarried fathers, their position has only prima facie improved and they really should be placed in the same position as mothers. It is submitted that if the same rights mothers have are also afforded to unmarried fathers, it would be to the benefit of their children and their right to parental care and family life. / Dissertation (LLM)--University of Pretoria, 2013. / gm2014 / Private Law / unrestricted

The thesis explores the impact of the new Children’s Act 38 of 2005 on the acquisition of parental responsibilities and rights within a newly proposed framework designed for the purpose of reflecting the various ways in which parental responsibilities and rights can be acquired. The research has shown that the Children’s Act has fundamentally transformed the way in which parental responsibilities and rights are acquired. The transformation has created a scheme for the acquisition of parental responsibilities and rights that is for the most part constitutionally compliant and progressive insofar as it gives recognition to the different family forms found in South Africa. To this end the Children’s Act has considerably expanded the ways in which parental responsibilities and rights can be acquired. Whereas previously exclusively the preserve of heterosexual married parents in a nuclear family, parental responsibilities and rights can now automatically be acquired by a committed biological father and a married lesbian couple conceiving by artificial means. Apart from authorising courts to assign parental responsibilities and rights, the Children’s Act allows any holder of parental responsibilities and rights to confer responsibilities and rights on another by prior approved agreement. The Act also includes specific provisions to regulate the acquisition of parental responsibilities and rights by commissioning parents in the case of a surrogate motherhood agreement. The structure developed for the research topic reflects the transformation of the law in this regard by making the application of the best interests-standard, rather than the marital status of the child’s parents, the distinguishing feature of the subdivision between automatic and assigned acquisition. In this way the structure is an embodiment of the paramountcy of the best interests principle in section 28(2) of the Constitution. Insofar as the law still requires a distinction to be made between biological mothers and fathers, on the one hand, and naturally and artificially conceived children, on the other, the structure also highlights the remaining shortcomings of the law in this regard. The structure is, furthermore, necessarily complicated by the need to distinguish between the acquisition of care, on the one hand, and guardianship, on the other. As far as fathers are still not treated the same as mothers in the automatic allocation of parental responsibilities and rights, the Act is deemed not to have been progressive enough. Conferring full parental responsibilities and rights on both parents based on their biological link to the child would not only be in line with worldwide trends, but would also meet the constitutional demands of substantive sex and gender equality. It will further place the focus on the best interests of the child, which emphasises the importance of both parents for the child. While the research shows that tensions between the biological and social constructs of parenthood may possibly hamper the legal recognition of de facto care-givers or other persons with whom the child has developed a psychological bond, the greatest weakness of the Act would seem to lie in the failure to implement an integrated family court structure. Please cite as follows: Louw, AS 2009, Acquisition of parental responsibilities and rights, PhD thesis, University of Pretoria, Pretoria, viewedyymmdd < http://upetd.up.ac.za/thesis/available/etd-09102009-170707/ > Copyright / Thesis (LLD)--University of Pretoria, 2009. / Private Law / unrestricted

The topic of this diploma thesis is the influence of joint custody on school successfulness of a child. In the theoretical part I describe a contemporary family and major functions of the family. I chart the situation of legislation in the Czech Republic, I deal with circumstances how the Czech courts make a decision about commiting children into parental care after a divorce of their parents and whether the number of children being involved in joint custody increases. I am really interested in the fact whether the courts make a decision based on the child needs. Following this part I focus on the definition of school successfulness of children and the behaviour of younger learners. I indicate the factors that could have an influence on school successfulness. In the practical part I present the results of my qualitative research. I explore the influence of joint custody into child school successfulness from the point of view of class teachers. I survey the behaviour of children who live in joint custody after the divorce of parents and I also take an interest into the fact whether the class teacher have noticed any features that could connect these children.

The parent-child relationship in South Africa has recently undergone revolutionary changes. These changes are especially evident in relation to guardianship, care and contact. <p.The parent-child relationship has been revolutionised from one where the paterfamilias had the right of life or death (ius vitae necisque) over members of the family who fell under his power, to one where children have rights and parents have responsibilities. In Roman law the original power of the paterfamilias was later limited and duties were placed on the paterfamilias. In Roman Dutch law parents had not only parental powers or rights over their children, but also parental duties which they had to perform. In both Roman law as well as Roman Dutch law the father of a child born out of wedlock had no parental authority whatsoever. This meant that such father did not even have a right of access to his child. Roman Dutch law was received into South Africa. The South African Children’s Act 38 of 2005 does not refer to parental power or parental authority, instead the term “parental responsibilities and rights” is used. Guardianship is defined similarly in South African law prior to the Children’s Act as well as in the Children’s Act itself. The Children’s Act replaces the term “custody” with the term “care”. The Act also replaces the term “access” with the term “contact”. The definitions of these terms in the South African Children’s Act are similar to the definitions found in South African law prior to the Children’s Act. However, the Children’s Act has revolutionised the concepts of guardianship, care and contact in a number of ways. Firstly, the father of a child born out of wedlock acquires automatic parental responsibility and rights in certain instances. Secondly, the mother of a child may enter into a parental responsibility and rights agreement with the father of a child born out of wedlock, who does not acquire automatic parental responsibility and rights, or with any other person. Thirdly, any person having an interest in the care and welfare of the child, this includes the father of a child born out of wedlock and grandparents, may approach the court for an order granting them guardianship, care of or contact with a child. In South African law the best interests of the child standard has been applied for a number of years in matters concerning children. The best interests of the child standard is enshrined in section 28(2) of the South African Constitution, 1996 and in the Children’s Act. The rights of children in South Africa are protected in the South African Constitution, as well as in the Children’s Act. The trends evident in the Children’s Act, such as the emphasis of parental responsibility, and the protection of the rights of the child, are in line with trends in both international law (found in international conventions) as well as foreign law (for example, in the Children’s Acts of Ghana, Uganda, Kenya and the United Kingdom) and enhances the evolution of children’s rights. / Thesis (LLD (Private Law))--University of Pretoria, 2008. / Private Law / unrestricted

This study was influenced by the circumstances of children in need of care and protection. I conducted the study through a lens that takes the perspectives of “family life” seriously. Section 28(1)(b) of South Africa’s Constitution provides for the right to family care, parental care, or appropriate alternative care to a child who is removed from family life. This provision prioritises the nurturing and development of children in families. South Africa has a diversity of family models which provide family or parental care to children. Children also face various challenges and difficulties in the family environment, such as abuse, neglect, poverty, exploitation, and other traumatic experiences which make them more vulnerable and in need of care and protection. These circumstances are identified as grounds for mandatory intervention and often influence the decision by the children’s court to remove children. The study demonstrates how family care, parental care, or appropriate alternative care are provided in South Africa’s Children’s Act, enforced by the judiciary, and have evolved in practice. Unfortunately, the Children’s Act does not explicitly provide for families, family care and the responsibility of the state to assist families to enable them to function optimally. Government and stakeholders therefore lack guidance in their engagement with the family to address the plight of children in families or raise the quality of life of the family on a continuous basis. The social worker who conducts investigations into the circumstances of the child who is in need of care and protection, must facilitate the provision of prevention and early intervention services with a view to strengthening the family. Unfortunately, social workers sometimes abuse their powers by removing children without prioritising the support needed to keep them in families. Furthermore, the state’s assistance in supporting families may be challenging due to resource constraints, underspending on the state budget, and delay in the delivery of services. Before the children’s court decides to remove the child into alternative care it must, upon identifying a specific ground for mandatory alternative care intervention, conduct an investigation and hold an inquiry regarding the circumstances of the child. The parent and the child must have access to information and participate in the decision-making process. Once the decision to remove the child is reached, the children’s court can opt for different alternative care options. It is crucial to decide on alternative care of a nature and quality that resembles family life. Such care must enable the child and the parent to mutually enjoy each other’s company, as this is an essential element of family life. Thus, the state must put measures in place to ensure that the child establishes contact and has a continuous relationship with family members in view of possible reunification with the family. Alternative care must also provide permanency planning which must explore the option of reuniting the child with his or her family after removal, or adoption if reunification efforts fail. Although adoption is preferred upon failure of reunification efforts, it is challenged by policy and practice which, if not carefully considered, may impact on the right of the child to family life. South Africa has ratified the United Nations Convention on the Rights of the Child (CRC) and is bound to develop its policies in line with the CRC. It is an issue of concern as to whether the implementation of the Children’s Act goes far enough in meeting CRC standards or complying with the Constitution. Thus, the study is means of comparative research, which includes international standards and foreign jurisdictions, with the view of suggesting improvements for South African child legislation. Recommendations for the best possible options towards refining the Children’s Act are made. The proposed provisions could advance the reform of child and family services and thus make a difference in the lives of children in families. / Thesis (LLD)--University of Pretoria, 2012. / gm2013 / Private Law / unrestricted

Thesis (PhD. (Clinical & Applied Psychology)) --University of Limpopo, 2013 / This study aims at developing an optimal psychological assessment procedure for determining primary residence allocation for children whose parents are divorcing. The research consisted of two studies: the first study focused on “translating” 13 identified legal constructs formulated by Justice King for safeguarding the best interests of children and the identification of suitable psychometric instruments that can be used to determine how effectively a particular family is functioning. These 13 legal constructs were converted into psychological constructs by three independent clinical psychologists. Following this a psychological assessment procedure for children and parents within a divorce context was developed incorporating the newly developed psychological constructs. The 2nd phase consisted of a sample of 39 families (26 families in the experimental group and 13 families in the control group). Six months later after primary placement the families were followed up in order to determine the psychological “health” of the families concerned using the Rosenberg Self-esteem Scale (RSE); Index of Family Relations (IFR); Eyberg Child Behaviour Inventory (ECBI) and the Family Assessment Device (FAD). The means obtained from both the experimental and control groups were compared using the MANOVA analysis. The results from the RSE concluded that the self-esteem of children in the experimental group, improved significantly to those in the control group. The IFR indicated that families in the experimental group had improved significantly at resolving family problems. According to the ECBI the children in the experimental group with behavioural problems improved significantly after primary placement. In all children in the control group did not improve significantly. The Family Assessment Device therefore indicated significant family cohesion. In summary the results indicate that the families in the experimental group were functioning at a higher level in comparison to the control group six months after primary placement.