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The best interests of the child witness in disciplinary cases of educatorsSeshibe, Maropene Viniel January 2014 (has links)
The South African Constitution provides that a child’s best interests are of paramount importance in every matter concerning the child. This principle emanates from the United Nations Declaration on the Rights of the Child (UNCRC) and the African Charter on the Rights and Welfare of the Child (ACRWC). Accordingly the State and its various departments have adopted and are enforcing legislation and policies in defence of the child’s best interest. The principle of the best interest of the child is seldom observed in most of our schools. Incidents of child abuse are on the increase, especially by educators. This unfortunate situation prevails against the backdrop of legislation which condemns these atrocities. Section 17 of the Employment of Educators Act1 provides that educators must be discharged if they are found guilty of, inter alia, sexual abuse, intimate relationship with a learner and assault with grievous bodily harm. These measures have been taken to combat the vicious cycle of child abuse in schools and to advance children’s-rights agenda and the universal principle of the child’s best interests. For the department to successfully prosecute educator cases against child abuse, the testimony of a child witness is crucial. However, it is shocking to discover that the interests of the child witness are not always served in these disciplinary hearings. Officials are prone to be biased towards their fellow professionals at the expense of the interest of the child witness. This situation normally arises probably as a result of a lack of professional capacity because most of these officials tasked with disciplining educators have a teaching, human-resource or legal qualification. Others may have been recruited from the ranks of the trade-union movement without any formal qualification. Secondly, they may be specialists in the field of labour law which is essentially concerned with the regulating the employer and employee relationship. Thirdly, the disciplinary code and procedures that are used during educator-disciplinary processes are premised on the principles and values of the Labour 1 Act 76 of 1998. Relations Act Code of Good Practice: Dismissal2 and Schedule 2 of the Employment of Educators Act3 which addresses the interest of the child witness to a very limited extend. Finally, the policies regulating workplace discipline are generally biased towards employee rights as espoused in the Labour Relations Act4 and CCMA guidelines on misconduct arbitrations. This study has identified a number of challenges confronting the child witness and also areas of capacity improvement on the side of officials officiating over the disciplinary cases of educators. These challenges form the basis for a comprehensive and consolidated list of aspects in which officials need to be trained to effectively promote and defend the interest of the child witness in a professional manner. The role of the departmental representative in becoming the champions of the democratic Constitution and the vanguard of the child’s best interest cannot be over-emphasised. The question of how best to serve the best interest of the child witness has been addressed. The child witness can be a credible witness provided officials win over his or her confidence to speak out against abuse. The 16 days of activism against women and children abuse has to resonate consciously with departmental officials.
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Locked in transit: girls inside the gates of child sex trafficking in South AfricaEveritt, Dianne 12 1900 (has links)
Despite the growing prevalence and awareness of child sex trafficking within the South African context, knowledge of the trade remains rudimentary. In this study, an exploration of how girl survivors of child sex trafficking within South Africa construct their experiences is provided. Participants included five girl children between the ages of 11 and 17, all of whom had been trafficked for the purpose of sexual exploitation, and managed to escape the trade. All of them were living in a safe house in Pretoria at the time of the interviews. One participant was trafficked into South Africa from Zimbabwe, one from the DRC, one from Lesotho, and two participants were trafficked within South African borders. An ecosystemic framework was suggested to create meaning of the findings, placing emphasis on how participants construct their experiences in terms of the ecological context. Research results reveal a significant difference in the ability of participants to overcome their experiences based on whether they had at least one supportive person from their ecological context before being trafficked. The findings of this study call for interventions to extend beyond the legislative arena. Rather, the legislative arena is seen as one aspect of the entire ecological context of girl children who are vulnerable to human trafficking. This sounds a call for interventions against human trafficking to take a more holistic view and to punctuate at the level of the family system and of the community. / Psychology / M.A. (Clinical Psychology)
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Non-supportive disclosure in child sexual abuse.Akal, Matthew Jordan. January 2005 (has links)
Confidants' non supportive reactions to disclosure in child sexual abuse constitutes an
extensive and significant problem and is associated with a variety of negative
consequences: (a) Victims do not receive adequate support or intervention and are left
vulnerable to further victimization, (b) non-supportive intra-familial confidants are at
greater risk of having their children removed, and (c) the justice system is rendered
ineffective by the associated lack of police reporting. This study examined the extent of
non-supportive disclosure and the factors associated with such reactions in a sample of
856 cases of child sexual abuse (796 girls and 60 boys) reported in the North Durban
policing area of KwaZulu-Natal (South Africa) in the period January 2001 to December
2003. Of the various agents identified as having provided non-supportive reactions, three
categories of non-supportive confidants emerged: namely family members, professional
persons, and community members in their respective order of significance. Hierarchical
cluster analysis of disclosure variables identified two broad homogenous groups
(clusters) of cases of non-'supportive disclosure ("Incestuous Abuse Disclosed Within the
Family", and "Extra-familial Abuse Disclosed Outside of the Family"). Binary logistic
regression analysis indicated that cluster membership was meaningfully predicted by the
three measure of consanguinity included in the analysis, but not significantly related to
other abuse related variables. Furthermore, in cases of extra-familial abuse, nonsupportive
disclosure was significantly more likely when (a) victims were below the age
of twelve years, (b) no violence was used by the offender, and (c) the confidant was not
related to the victim. The implications of the findings for secondary prevention and for
future research are discussed in detail in this article. / Thesis (M.Soc.Sc.)-University of KwaZulu-Natal, 2005.
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The struggles and triumphs of non-offending mothers in dealing with the sexual abuse of their children : an exploratory study.Mahomed, Rehana. January 2005 (has links)
Child abuse continues to be a major challenge in South Africa. Much of the research has focused on helping children who have been abused and more recently focus has been placed on the perpetrator. Understanding the needs of the mother of the abused child has largely been neglected. This study explored how mothers of abused children are also affected by the child's trauma and how her survival contributes to the healing of the family. Using a qualitative research approach, data was gathered from case files, groupwork notes and in-depth interviews with eight women whose children had been abused. A feminist approach guided the study. This research described the experiences of women and provided insight into their struggles and triumphs as they assisted their children in the healing process. / Thesis (M.Soc.Sc.)-University of KwaZulu-Natal, 2005.
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A journey with an abused child : a non-directive play therapy perspectiveCurrin, Lisa Natalie January 2006 (has links)
The extensive amount of research conducted in the field of family violence internationally indicates that child abuse has a detrimental effect on both the physical and emotional development of children as well as having a profound effect on an individual’s psychological development and functioning in adult life. The aim of this research study was to describe the therapeutic process that unfolded with a seven year old allegedly abused female client within the framework of non-directive play therapy. The case was further contextualised utilising Erik Erikson’s theory of psychosocial development. This study served to broaden the body of psychotherapeutic knowledge by means of meaningful qualitative enquiry. The client was referred for therapy because of severe emotional and behavioural problems following the alleged sexual abuse. The client was seen over a period of eight months and this included 11 sessions of non-directive play therapy, three parent interviews and psychometric assessments conducted by a colleague. The case study method was utilised in this study. To achieve the aim of the research, the methodology of choice was the descriptive dialogic case study. A purposive sampling technique was used in the selection of the research subject for this study. The data collection and analysis were conducted according to Yin’s (1994) analytical generalisation, which consists of two main strategies: (a) using a theoretical framework as a guide to determine what data is relevant; and (b) developing a matrix as a descriptive framework for organising and integrating the data. Furthermore, the process of data analysis was aided by the use of guidelines proposed by Irving Alexander (1988) with Axline’s non-directive play therapy and Erikson’s theory of psychosocial development as the theoretical frameworks. The findings of this study suggest that plotting the play therapy sessions according to the framework of the four stages of play therapy was a particularly useful tool to monitor Michelle’s progression through the therapeutic process. This can be seen as a valuable application of a tool which can be used within the non-directive play therapy approach. Contextualising Michelle’s development according to the stages of Erikson’s theory of psychosocial development was also found to be a valuable endeavour. According to her chronological age, Michelle should have been in the fourth stage of industry versus inferiority, but in reality Michelle was still struggling to strike a healthy balance between the terms of conflict of trust versus mistrust issues of the first stage. From a therapeutic point, this was an important exercise as it helped to inform the therapist and consequently, the therapeutic process. This research undertaking can be recognised as a positive demonstration of the value of non-directive play therapy (Virginia Axline) and Erik Erikson’s theory of psychosocial development in the therapeutic process. In addition, this study has served to facilitate a more holistic understanding of the case study approach to research. Recommendations regarding future research undertakings that utilise the case study approach and methodology have been made. Key concepts: child abuse; family violence; non-directive play therapy; Erik Erikson’s theory of psychosocial development; analytical generalisation; case study research.
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The grooming process and the defence of consent in child sexual abuse casesMinnie, Deon January 2009 (has links)
Child sexual abuse in its various guises is a phenomenon that has been part and parcel of society for centuries. It is only in the last few decades, however, that professional and societal interest in this social tragedy has been triggered, and continues to increase. The consequences and impact of child sexual abuse are far-reaching. Not only are individual victims marred by its consequences, but so too does it profoundly affect family systems and societies. As a result of professional interest in this field which has been fuelled by the popular media, the cloak of social secrecy which has covered this previously taboo subject has been shed. Although still hugely under-reported, sometimes even denied and buried by some individuals and societies, it is now widely acknowledged that child sexual abuse is a stark reality. Definitions of this phenomenon abound, with some definitions being more descriptive than others. The grooming process often forms an integral part of child sexual abuse. Through purposefully constructed relationships with their victims, sex offenders make their victims feel responsible for, complicit in and guilty about the abuse. The child is therefore tricked into keeping the abuse a secret. Often the child may not realise that what is happening is in fact abusive. Through grooming the abusive behaviour is normalised and the child may believe that it is part of an affectionate and caring relationship with the offender. The victim often gets lost in the labyrinth of confusion created by a web of deceit, which may result in consensual sexual activities between the child and the sex offender, a fact which is widely acknowledged. Consent is often raised as a defence when sex offenders are charged with and prosecuted for their crimes, more specifically in relation to victims who are over the age of twelve years and more frequently in relation to victims who are sixteen years and older. This consent, however, ought not to be valid for purposes of any sexual activities between such adults and children. Consent is often given as a consequence of the unique dynamics of the grooming process and the imbalance of power and authority. Furthermore, the child’s level of understanding and life experience, as shaped by the grooming process, may also have an important impact on ostensible consent given. South African courts, in accordance with international trends, have apparently started acknowledging the impact of the grooming process on consent given by children in sexual abuse cases. Some courts, as of late, are prepared to more readily reject the defence of consent in such cases. It is noteworthy that this trend has started to develop in South Africa even prior to the commencement of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007. This act defines consent for purposes of the newly created offences, and also stipulates the circumstances in which ostensible consent does not comply with the definition. This definition does not differ materially from the “traditional” approach to consent that was applied prior to the commencement of this act. Furthermore, a number of new offences were created, amongst them the offence of sexual grooming of children. Courts can therefore no longer ignore the existence of the grooming phenomenon and the impact thereof in child sexual abuse cases.
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Perspectives of teachers on the problem of child sexual abuse in a squatter campBashman, Lindelwa Edna January 2008 (has links)
Child sexual abuse is a worldwide phenomenon that takes a major toll in squatter camps in South Africa. The conditions under which the squatters live promote and aggravate the abuse. Sadly, the victims hit hardest by the abuse are the children. The negative effects caused by the abuse lead to problems in the educational tasks of these children. This study proposes that teachers can play a significant role in assisting them to overcome their problem. The aim of this study was to: • investigate the perceptions of teachers of the problem of the sexual abuse of children coming from squatter camps; • empower teachers with strategies that will help to alleviate the problem; and • formulate some recommendations on dealing with the situation in the classroom. The literature was reviewed with the aim of substantiating a compact theoretical basis for the study. Various aspects were discussed, such as • the different definitions of child sexual abuse; • short- and long-term effects of the abuse; and • contributory factors of child sexual abuse. This study followed a qualitative design, which is interpretive, naturalistic, descriptive, holistic and exploratory in nature. The participants, chosen purposefully for this study, were ten teachers, teaching children coming from a squatter camp in the Motherwell Township of Nelson Mandela Bay. Themes that emerged from the transcripts of the interviews were: • Sexual abuse has a negative effect on children and causes them to develop problems. • Teachers can play a significant role in assisting learners who are sexually abused. • There are various reasons why sexual abuse is prevalent in squatter camps. The recommendations made are based on the findings of this study and propose to empower teachers so that they will be able to make a difference in the lives of their abused learners.
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Social workers perceptions to their role in the management of child sexual abuse in the West Rand Region, Gauteng ProvinceNtwampe, Kebareng Charlotte 24 April 2014 (has links)
M.A (Clinical Social Work) / The Department of Health and Social Development (DHSD) has the crucial mandate of protecting the vulnerable groups within society. These include women, children and people living with disabilities. In order to attain this, DHSD has employed social workers and other social service professionals to render the required services. Sexual abuse is a violent crime that is committed on children, who form part of the vulnerable groups. This study aims to determine social workers’ perception of their role in the management of child sexual abuse in the West Rand, Gauteng. It further aims to make recommendations that will enhance social workers’ intervention with sexually abused children. Kantrowitz and Okun’s (2008) framework of the roles of social workers was considered when analyzing participants’ perceptions of their roles in intervening with sexually abused children. The concepts relevant to the study included social workers’ perceptions and social work roles. The research approach of the study was qualitative, as the goal was to describe and analyse social workers’ perceptions of their roles. The findings indicated that social workers were not clear on their roles when rendering services to sexually abused children. They do not utilise evidence-based tools, and they end up doing tasks that are supposed to be done by other service providers, such as parents or care givers. They furthermore do not feel confident to render therapeutic services, and require training and support in this regard. Recommendations made to DHSD included providing continuous training and debriefing sessions to social workers.
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Locked in transit: girls inside the gates of child sex trafficking in South AfricaEveritt, Dianne 12 1900 (has links)
Despite the growing prevalence and awareness of child sex trafficking within the South African context, knowledge of the trade remains rudimentary. In this study, an exploration of how girl survivors of child sex trafficking within South Africa construct their experiences is provided. Participants included five girl children between the ages of 11 and 17, all of whom had been trafficked for the purpose of sexual exploitation, and managed to escape the trade. All of them were living in a safe house in Pretoria at the time of the interviews. One participant was trafficked into South Africa from Zimbabwe, one from the DRC, one from Lesotho, and two participants were trafficked within South African borders. An ecosystemic framework was suggested to create meaning of the findings, placing emphasis on how participants construct their experiences in terms of the ecological context. Research results reveal a significant difference in the ability of participants to overcome their experiences based on whether they had at least one supportive person from their ecological context before being trafficked. The findings of this study call for interventions to extend beyond the legislative arena. Rather, the legislative arena is seen as one aspect of the entire ecological context of girl children who are vulnerable to human trafficking. This sounds a call for interventions against human trafficking to take a more holistic view and to punctuate at the level of the family system and of the community. / Psychology / M.A. (Clinical Psychology)
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Childhood sexual abuse : the Red Cross War Memorial Children's Hospital experience, 1986-1988McKerrow, Neil Hugh January 1990 (has links)
This retrospective descriptive study reviews sexually abused children who presented to the Child Abuse Team at the Red Cross War Memorial Children's Hospital (RCWMCH) between 1 January 1986 and 31 June 1988. During this period 365 children were referred to the Child Abuse Team, of whom 357 were entered into this study. 297 of these were cases of confirmed sexual abuse. There were 48 male children and 123 children under 6 years of age. Most children were victims of a single episode of sexual abuse with only 13, 7% presenting following repeated abuse. More serious forms of sexual abuse, rape or sodomy, were common, accounting for 60% of the cases. Over 70% of the children had physical signs to substantiate their claims of having been sexually abused. Sexually transmitted disease was a common finding, being present in 15,6 % at presentation. All children were accompanied to hospital by an adult, usually a parent. 60% of the children presented directly to RCWMCH. A delay between abuse and presentation was common, only 42% of the children presenting within 48 hours of having been abused. Physical problems frequently required management. Very few children received more than crisis intervention for their emotional state and only 20% needed any form of intervention to ensure their safety. Only 1% of cases involved a female abuser. In general, the age of the abuser was older than previously reported with 18, 6% being under 20 years of age. The relationship between abused and abuser was similar to that described in the literature, as was the reaction of the family against the abuser. 27,4% were prosecuted and of those that appeared in court 7 4, 5% were convicted. Further comparison of the following sub-groups of abused children are presented: male and female, young and old, intrafamilial and extrafamilial abuse, a single episode of abuse and repeated abuse.
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