South Africa, notwithstanding her comprehensive legislation, has disturbingly high figures of child sexual violence. These crimes and the low conviction rates should put any role-player within the field of sexual violence to shame. Concerns are raised that, unless trained professionals deal with child sexual abuse victims, we will fail to protect children from abuse and fail in our quest for justice. The South African police, in its efforts to prioritize crimes against women and children, employed forensic social workers. This article presents the results of an explorative study of the role and responsibilities of the forensic social worker in the SAPS. Data was collected from three groups of participants (forensic social workers, state prosecutors and police investigating officers) according to a mixed method approach. Both qualitative (semi-structured interviews) and quantitative (statistical data) methods were therefore employed. The forensic process is designed to answer a question of relevance to the legal system, which makes the role of the forensic social worker very specific. If roleplayers in the field of child sexual offences, however, are not entirely familiar with what forensic social work entails, it could not only complicate matters for the forensic social workers, but it could also mean that their services are not used optimally and effectively. The findings of the study indicate that forensic social workers make a valuable contribution to the successful investigation of child sexual offences; however, in the absence of adequate continuous trainin training, supervision and consultation, they could fail in providing a proficient service. / Thesis (MSW (Forensic Practice))--North-West University, Potchefstroom Campus, 2013.

South Africa, notwithstanding her comprehensive legislation, has disturbingly high figures of child sexual violence. These crimes and the low conviction rates should put any role-player within the field of sexual violence to shame. Concerns are raised that, unless trained professionals deal with child sexual abuse victims, we will fail to protect children from abuse and fail in our quest for justice. The South African police, in its efforts to prioritize crimes against women and children, employed forensic social workers. This article presents the results of an explorative study of the role and responsibilities of the forensic social worker in the SAPS. Data was collected from three groups of participants (forensic social workers, state prosecutors and police investigating officers) according to a mixed method approach. Both qualitative (semi-structured interviews) and quantitative (statistical data) methods were therefore employed. The forensic process is designed to answer a question of relevance to the legal system, which makes the role of the forensic social worker very specific. If roleplayers in the field of child sexual offences, however, are not entirely familiar with what forensic social work entails, it could not only complicate matters for the forensic social workers, but it could also mean that their services are not used optimally and effectively. The findings of the study indicate that forensic social workers make a valuable contribution to the successful investigation of child sexual offences; however, in the absence of adequate continuous trainin training, supervision and consultation, they could fail in providing a proficient service. / Thesis (MSW (Forensic Practice))--North-West University, Potchefstroom Campus, 2013.

The authority of parents within the parent child relationship has developed from the rigid potestas which the pater in Roman Law could legally exercise to the authority of both parents in Roman-Dutch Law. The relationship had always been based in the biological sphere while the guardianship of the fathers had always been stronger than that of the mother. The position had been altered statutoraly in the Guardianship Act to provide for guardianship for the mother to be equal to that of the father.Under pressure of Constutional norms and prescripts on the one hand and also because of dramatically changed circumstances on the other it has become imperative that the foundation of the relatiopship would be reconcidered to determine its appropriateness for modern circumstances. Parental responsibilities and rights agreements as well as parenting plans to establish such responsibilities and rights in situations where it does not pertain to a perticular parent or a person concerned consequently reflect new and progressive thinking with regard to the nature and content of the relationship. In addition it may be noted that these agreements and plans reflect an inclination on the side of the legislature to move away from expensive, cumbersome and aggresive litigation bt providing the opportunity to persons concerned to come to mutaully acceptable results. It is futher argued that these agreements and plans may be viewed as a first step for the establishment of Family Relationshiop Centres it has developed in Australian Law / LLM (Private Law), North-West University, Potchefstroom Campus, 2014

The authority of parents within the parent child relationship has developed from the rigid potestas which the pater in Roman Law could legally exercise to the authority of both parents in Roman-Dutch Law. The relationship had always been based in the biological sphere while the guardianship of the fathers had always been stronger than that of the mother. The position had been altered statutoraly in the Guardianship Act to provide for guardianship for the mother to be equal to that of the father.Under pressure of Constutional norms and prescripts on the one hand and also because of dramatically changed circumstances on the other it has become imperative that the foundation of the relatiopship would be reconcidered to determine its appropriateness for modern circumstances. Parental responsibilities and rights agreements as well as parenting plans to establish such responsibilities and rights in situations where it does not pertain to a perticular parent or a person concerned consequently reflect new and progressive thinking with regard to the nature and content of the relationship. In addition it may be noted that these agreements and plans reflect an inclination on the side of the legislature to move away from expensive, cumbersome and aggresive litigation bt providing the opportunity to persons concerned to come to mutaully acceptable results. It is futher argued that these agreements and plans may be viewed as a first step for the establishment of Family Relationshiop Centres it has developed in Australian Law / LLM (Private Law), North-West University, Potchefstroom Campus, 2014

Hierdie navorsing handel oor die maatskaplikewerksupervisor wat as laervlakbestuurder sekere take en verantwoordelikhede het. Die doel van die navorsing is om vas te stel of die supervisor toegerus is om die take en verantwoordelikhede verbonde aan die pos van laervlakbestuurder suksesvol uit te voer. Vir die navorsing is ‘n kwantitatiewe benadering en ‘n beskrywende navorsingsontwerp gevolg. In die eerste gedeelte van die studie (Hoofstukke 1 en 2) is gefokus op onder andere die agtergrond tot die navorsingsprobleem en rasionaal, probleemstelling, navorsingsmetodologie en literatuurstudie. Die tweede gedeelte van die studie (Hoofstukke 3 en 4) hou verband met die bevindinge en dataverifiëring en word afgesluit met gevolgtrekkings en aanbevelings wat op die studie van toepassing is. / Social Work / M.A. (Social work)

Hierdie navorsing handel oor die maatskaplikewerksupervisor wat as laervlakbestuurder sekere take en verantwoordelikhede het. Die doel van die navorsing is om vas te stel of die supervisor toegerus is om die take en verantwoordelikhede verbonde aan die pos van laervlakbestuurder suksesvol uit te voer. Vir die navorsing is ‘n kwantitatiewe benadering en ‘n beskrywende navorsingsontwerp gevolg. In die eerste gedeelte van die studie (Hoofstukke 1 en 2) is gefokus op onder andere die agtergrond tot die navorsingsprobleem en rasionaal, probleemstelling, navorsingsmetodologie en literatuurstudie. Die tweede gedeelte van die studie (Hoofstukke 3 en 4) hou verband met die bevindinge en dataverifiëring en word afgesluit met gevolgtrekkings en aanbevelings wat op die studie van toepassing is. / Social Work / M.A. (Social work)

Text in Afrikaans / The Convention on the Rights of the Child was adopted by the United Nations General Assembly on 29 November 1989. Included in the inherent rights set out in the Convention is the right to the highest attainable standard of health. In implementing the Convention states parties must refer to the requirements of article 2 of the Convention, which places them under a duty to respect and ensure the rights in the Convention to each child. The term “respect” implies a duty of good faith to refrain from actions which would breach the Convention. The “duty to ensure”, however, requires states parties to take whatever measures are necessary in order to enable children to enjoy their rights. A state party must also review its legislation in order to ensure that domestic law is consistent with the Convention. South Africa showed commitment to protecting and promoting children’s health when it ratified the United Nations Convention on the Rights of the Child in 1995 and subsequently adopted the Constitution of the Republic of South Africa, 1996, which includes provisions guaranteeing the health rights of children. South Africa also showed commitment to give legislative effect to the protection and promotion of children’s health by reviewing the Health Act 63 of 1977 (reviewed as the National Health Act 61 of 2003) and the Child Care Act 74 of 1983 (reviewed as the Children’s Act 38 of 2005). The review of the Child Care Act 74 of 1983 revealed that the act is virtually silent on the issue of child health. This led to the decision to identify and evaluate existing policy and legislation, as well as pending relevant law reform and policy affecting child health in order to assess how well South African legislation addresses the issue. The research showed that although much legislation exists, none provides comprehensively for child health rights. The legislation that does exist contains obvious gaps. Most importantly, there is no reference to the core minimum requirements for the state in providing for the health of children, particularly in the way of health services and nutrition. Further, there is a complete lack of legislation which protects the health needs of disabled children. A comparative study was also undertaken. Legislation of India and Canada were evaluated in order to make recommendations as to how the gaps in South African legislation can be rectified. However, the research showed that South Africa has made far more significant progress in promoting a rightsbased approach to children’s health in legislation. In order to ensure that the health rights of children are protected and promoted, I propose more comprehensive legislative protection. / Private Law / LL.D.

Text in Afrikaans / The Convention on the Rights of the Child was adopted by the United Nations General Assembly on 29 November 1989. Included in the inherent rights set out in the Convention is the right to the highest attainable standard of health. In implementing the Convention states parties must refer to the requirements of article 2 of the Convention, which places them under a duty to respect and ensure the rights in the Convention to each child. The term “respect” implies a duty of good faith to refrain from actions which would breach the Convention. The “duty to ensure”, however, requires states parties to take whatever measures are necessary in order to enable children to enjoy their rights. A state party must also review its legislation in order to ensure that domestic law is consistent with the Convention. South Africa showed commitment to protecting and promoting children’s health when it ratified the United Nations Convention on the Rights of the Child in 1995 and subsequently adopted the Constitution of the Republic of South Africa, 1996, which includes provisions guaranteeing the health rights of children. South Africa also showed commitment to give legislative effect to the protection and promotion of children’s health by reviewing the Health Act 63 of 1977 (reviewed as the National Health Act 61 of 2003) and the Child Care Act 74 of 1983 (reviewed as the Children’s Act 38 of 2005). The review of the Child Care Act 74 of 1983 revealed that the act is virtually silent on the issue of child health. This led to the decision to identify and evaluate existing policy and legislation, as well as pending relevant law reform and policy affecting child health in order to assess how well South African legislation addresses the issue. The research showed that although much legislation exists, none provides comprehensively for child health rights. The legislation that does exist contains obvious gaps. Most importantly, there is no reference to the core minimum requirements for the state in providing for the health of children, particularly in the way of health services and nutrition. Further, there is a complete lack of legislation which protects the health needs of disabled children. A comparative study was also undertaken. Legislation of India and Canada were evaluated in order to make recommendations as to how the gaps in South African legislation can be rectified. However, the research showed that South Africa has made far more significant progress in promoting a rightsbased approach to children’s health in legislation. In order to ensure that the health rights of children are protected and promoted, I propose more comprehensive legislative protection. / Private Law / LL.D.