The issue of bullying in schools is an age old problem and it does not only occur in schools but even in the workplace. This study aims to explore the experiences of learners who witness bullying in schools and how this issue affects them psychologically, emotionally and academically. This was a qualitative study and data was collected through open-ended interviews and focus group discussions. Data for this study was collected from learners from grades eight to twelve, who had witnessed bullying. Interviews were audio taped, transcribed and analysed, and data was categorised into themes. The results of this study revealed that there were some psychological, emotional and academic problems that emanated from witnessing bullying. The trauma of watching bullying endangered the lives of the witnesses, psychologically and emotionally, meaning that it affected the way they reasoned out things. Some witnesses even pointed out that bullying compelled them to think with their hearts rather than with their minds. Ultimately, they made decisions that they regretted because they had taken those decisions when they were furious. The results also revealed that bullying negatively impacted on some learners’ academic performance. Their studies deteriorated and some ended up repeating a grade. The results of this study also revealed a lack of intervention by educators, parents and the Department of Education and more especially a lack of programmes that aimed at helping the witnesses. Witnesses of bullying in this study revealed that they were not given a voice about the issue of bullying, but seemed to be neglected despite the negative impact on them. When witnesses in this study watched bullying, their rights and freedom to think, behave acceptably and learn without disturbance were infringed upon. Witnesses in this study also proposed a number of effective and varied intervention methods. It is recommended that educators should be equipped with skills of dealing with witnesses in bullying. Witnesses should be exposed to strategies that would help in instilling assertiveness to them, so that they would have a hand in the struggle of eradicating bullying altogether in schools. Policies implemented by both the Department of Education and the school should be reinforced. / Thesis (M.Ed.)-University of KwaZulu-Natal, Durban, 2013.

This thesis explores young children's constructions of social identities and the implications these may have in young children's everyday lives at nursery. One of the unique elements of this thesis is the multiple and intersectional approach that it adopts while exploring very young children‘s social identities and peer relations. It also explores the links between children's experiences and views with educators' social justice and equity pedagogies. Recent attention has been given to the importance of early childhood and young children's rights and participation in theory, research and policy. In the field of social identities, there has been a growing need for further research to explore the contextual, fluid, complex and intersected nature of young children's social identities, moving away from 'static' and 'fixed' notions of identity. Particular gaps have also been identified in relation to exploring age as part of social identity, to exploring cultural aspects of ethnicity and lastly to exploring multiple understandings of parts of social identities (e.g. multiple 'masculinities' and 'femininities') in early childhood. There has also been a need for further research to explore how young children‘s intersected social identities may impact on pedagogies. This thesis, therefore, seeks to explore the above, basing the analysis on a one year ethnographic and participatory approach which was conducted in two nursery settings in Scotland, one predominantly white and one multi-ethnic. It draws on a plethora of rich and in-depth conversations and experiences with young children, educators and parents/caregivers to suggest the complex, dynamic, context-specific, fluid but also 'experientially fixed' and intersected nature of children's social identities and relationships, and to acknowledge the challenges that are raised both for early childhood practice and policy. It suggests that children construct multiple and complex social identities which are both fluid and experientially 'fixed', engage in dynamic social relationships and express complex and multiple implicit/explicit discriminatory attitudes, which educators are unaware of or choose to disregard. In most cases, age and gender were part of an overt and explicit identification, and were explicitly and overtly discussed as factors of exclusion by both educators and children. In contrast, ethnicity involved a much more complex process. Although ethnicity was often part of an 'ethnic habitus', variations occurred in relation to the extent to which children developed a strong, explicit and overt ethnic identification. Ethnicity was also considered a rather 'taboo' subject of reference regarding exclusion. Moreover, this thesis suggests that discourses of ‗sameness‘, ‗normalities‘ and difference linked to constructions of social identity were salient in children's lives. Common social identities often promoted positive feelings of belonging and reinforced positive feelings of group membership and self identities between children. Strong and positive feelings of self and group identity and difference, or else ‗the other‘, although not exclusively, were very much considered the basis for exclusion and discrimination. However, complexities arose when the concept of the ‗other‘ changed, depending on the context. Difference was seen more positively by children when it constituted part of what was considered 'norm' or dominant. Traditional developmental approaches and children‘s rights-based approaches seem to influence educators‘ practice; however, irrespectively of the educational approach, educators tend to disregard implicit/explicit discrimination that is evident in children's lives. 'Too young to notice' and 'no problem here' attitudes seem to dominate educators‘ practice and raise limitations in dealing adequately with social justice and equity issues. Firstly, this thesis suggests the need to move away from 'dualistic' and oppositional dichotomies that seem to have dominated contemporary research and theory, both in relation to theorising children‘s social identities (e.g. 'fixed'/fluid) and theorisations of childhood (e.g. agents and mature / interdependent and immature). Secondly, there is a need for early childhood pedagogies, practices and policy to 'listen' more actively and closely to young children and to engage with the complex and dynamic nature of their social relationships. It is thus suggested that current early childhood practice should actively promote children-rights based approaches. At the same time, this thesis considers whether we should be moving towards a children‘s human rights-based approach, which promotes children‘s rights and goes beyond children's participatory rights, engaging more actively with issues around fairness, unfairness and respect. This thesis also argues for proactive, anti-discriminatory, reflexive and interventionist social justice and equity approaches in early childhood. Thirdly, there is a general challenge both in policy and practice regarding balancing between universalism (collective identities) and specificity (diversity).

Afrikaans text. / Public, Constitutional, and International / LLM

Text in Afrikaans / Constitutional, International and Indigenous Law / LLM

Les droits maliens et sénégalais de l'adoption recèlent d'importantes lacunes auxquelles l'étude envisage de remédier. En effet, les législateurs malien et sénégalais dans leur œuvre de codification du droit de l'adoption, ont, d'une façon malencontreuse, adopté la législation française sur l'adoption en faisant abstraction des réalités socio juridiques de leurs pays. Dans ces pays, il existe deux formes d'adoption légale calquées sur les modèles français de l'adoption. Il s'agit, pour le Mali, de l'adoption filiation et de l'adoption protection , et pour le Sénégal, de l'adoption plénière et de l'adoption limitée. Cette typologie législative de l'adoption souffre d'un manque d'équilibre et de cohérence tant dans sa structuration que dans sa finalité. Par conséquent, elle ne présente pas une garantie suffisante de protection des droits des enfants maliens et sénégalais. A côté de l'adoption légale, coexiste, dans les deux pays, l'adoption de fait, laquelle résiste au droit. En effet, la pratique traditionnelle et récurrente des enfants confiés à des familles nourricières dans ces pays demeure un espace "bizarrement" inabrité par le droit. Or, ces adoptions de fait constituent une sorte de parenté sociale et affective qui mérite d'être créatrice de droit.Par ailleurs, le droit de l'adoption internationale dans les deux pays est embryonnaire et mérite d'être mieux construit. Dans cette perspective, il conviendrait de maintenir et de renforcer les principes directeurs contenus dans la Convention de La Haye de 1993 relative à l'adoption internationale et d'intégrer, dans les législations internes des deux pays, des règles de conflits de lois en matière d'adoption internationale plus respectueuses de l'intérêt supérieur de l'enfant en privation familiale. Ces nouvelles règles permettront de déterminer la compétence législative et l'efficacité au Mali et au Sénégal des décisions d'adoption rendues à l'étranger dans des Etats non parties à la Convention de La Haye de 1993. / The Laws in Mali and Senegal concerning child adoption have considerable weakness to which this thesis tries to deal with. In fact, Malian and Senegalese Law-makers, in their effort of codifying the adoption law, have unfortunately adopted French legislation on adoption, ignoring the socio-legal standards of their own countries. In these countries, there are two forms of legal adoption based on the French model. In Mali, there are direct descendant adoption and adoption for protection; whereas in Senegal there are plenary and short-term adoption. Such legislative typology concerning adoption suffers a lack of balance and coherence in its structure and purpose as well. Consequently, it does not provide strong protection of the rights of both Malian and Senegalese Children. With legal adoption, coexist in both countries, circumstantial adoption to which resists the Law. So, traditional and recurrent practice of Children in custody in families in these countries remains a bizarre area sheltered by Law. These circumstantial adoptions correspond to a kind of social and affective parenthood which is supposed to make law. By legalizing circumstantial adoption, Malian and Senegalese law-makers would create a possibility of the creation of an adoption model without direct descendances according to Malian and Senegalese contexts which are more favorable to intra-family adoption. Some fundamental rights of the Child would be better guaranteed. However, the laws concerning international adoption in both countries is in its embryonic stages and need to be better established. In this perspective, it is worth maintaining and reinforcing the key principles according to the Hay Convention of 1993 concerning international adoption, and insert some controversial rules and laws into domestic legislations of the two countries concerning international adoption where the deep interest of a child in family-forfeiture is most respected. These new rules will permit to determine the legislative capability and efficiency in Mali and Senegal concerning decisions made abroad by countries which are not concerned by the Hay Convention of 1993.

My doctoral research has explored how young children’s participation was put into practice—how it was ‘lived’ and negotiated—in the context of one early learning and childcare setting. The concept of children’s participation is rooted in large part in the UN Convention on the Rights of the Child (1989), which enshrines children’s right to express their views and have those views taken into account. However, young children’s participation rights are often overlooked. The more prominent discourse about young children has been one that focuses on early childhood as a preparatory period of life, in which adults must intervene and shape children’s development. My research has therefore focused on child-adult relationships within the early childhood setting, looking at how young children and early childhood practitioners ‘lived’ children’s participation and negotiated the tensions and challenges that arose for them. To carry out the research, I used an ethnographic methodology to study one fieldwork site in depth. ‘Castle Nursery’ was an early learning and childcare setting in Scotland, where practitioners professed to work in participatory ways with young children. The long-term nature of ethnography allowed me to observe how children’s participation was lived and negotiated at Castle Nursery over an eight-month period of fieldwork. The research found that practitioners challenged adult-led, ‘schoolified’ practices by foregrounding young children’s knowledge and contributions to the setting. Children’s participation was embedded into play-based pedagogy at Castle Nursery, with practitioners organising time and space to allow young children a great deal of influence over their daily experiences. Rather than planning adult-led learning activities, practitioners instead cultivated a rich learning environment for children to explore, through free-flow play. The thesis has also highlighted a variety of tensions and challenges that arose. Even at Castle Nursery, where practitioners were proud of the ways their work challenged conventional norms about young children, there were limits to how far practitioners would take a participatory approach. The thesis has particularly highlighted the importance of reflective practices about the ethical dimensions of early childhood practice. Uncertainty seemed to be an inevitable and enduring feature of living young children’s participation.

No description available.

In the Kingdom of Saudi Arabia (KSA), little is known about Saudi educational researchers' perspectives concerning the issue of ethics when recruiting children to participate in research. It has come to light that researchers use children to collect their data from but do not give them the opportunity to express their wishes regarding participation in that research, and no ethical consent form is specifically required for children's use unless the topic of research is sensitive. Accordingly, in the context of KSA, this research aims at identifying and exploring educational researchers' perspectives about children's rights when conducting research with children. This research used two methods: Q-methodology and interview. Q-methodology was used to determine the viewpoints of educational researchers working in education departments at two universities in Riyadh city in the KSA (King Saud University and Princess Nourah Bint Abdulrahman University). Fifty-two (52) female educational researchers sorted 54 Q-methodology statements, according to personal opinion, ranging from (+5) most agree to (-5) most disagree, while the interviews were conducted with three policymakers from the National Commission for Childhood and the Ministry of Education. Following analysis of the data, a number of findings were identified from the Q analysis, five factors, and the interview analysis: the need for more childhood and children's rights studies; the challenges facing researchers when including children as research participants; the weak belief pertaining to children's capabilities; the low level of awareness of children's participation rights and how the ethics process is in the KSA. These findings illustrate the acceptance of ethics as a process in research. Finally, the effectiveness of using Q-methodology as an approach was confirmed. This research is in a position to inform the Saudi research community and policymakers about current understandings and practices in terms of children's participation in research. The viewpoints that emerged strongly indicate agreement with the concept of ethics when children participate in research. Educational researchers call for ethics guidelines and for them to be compulsory in the KSA and, more significantly, policymakers support their demand.

No description available.

<p>The Norwegian Rom community (Gypsies) leads a life outside large society. Most of the members are illiterate and poor and they are dependent on social security. Moreover, the Rom children are not going to school because education is not a part of the Rom culture. This situation raises various ethical dilemmas regarding cultural rights and obligations. In this thesis the author asks which of the conflicting rights should weigh most: The parent’s right to bring up their children in accordance with their own culture and beliefs, or the child’s right to education? The author’s argument is structured around two main problem areas. First, what is it with education that is good for all people? The short answer to this question is that education is important for functioning in society. Knowledge provides for a wider range of opportunities, and how to use this knowledge is up to each person. The other problem area is the limits of cultural toleration in liberal societies. Here, the author argues that although the right to culture is important, liberalism cannot accommodate illiberal practices. Childrearing that restricts the child’s access to the world outside its original community is one example of intolerable practices. In order to get the Rom children in to school, dialogue is the preferable way to go. However, if the establishment of dialogue is impossible because of fundamentalist or non-dialogical attitudes, an alternative argument is provided: Discursive paternalism is a compulsion to argue on contested norms. This compulsion reconciles individual freedom (autonomy) and paternalism, and can therefore be justified by liberals. Main references are Will Kymlicka, Martha Nussbaum, Chandran Kukathas, Adeno Addis and May Thorseth.</p>