Diss. Univ. Bern. - Ref.: Thomas Cottier ; Koref.: Christine Kaufmann. / Includes bibliographical references and index.

Magister Legum - LLM / South Africa recently submitted reports to three treaty bodies regarding steps taken over the past two decades to implement the rights of children with disabilities. This study is focused on critically analysing the South African reports submitted to the United Nations Committee on the Rights of the Child (hereinafter referred to as the CRC Committee), the African Committee of Experts on the Rights and Welfare of the Child (hereinafter referred to as the ACERWC) and the Committee on the Rights of Persons with Disabilities (hereinafter referred to as the CRPD Committee) regarding the implementation of the CRC, ACRWC and the CRPD in South Africa. In doing so, the study focuses on all matters pertaining to children with disabilities as well as focusing on particular groups of children with disabilities. This will be done to determine whether or not the State meets the international law obligation of implementing the CRC, ACRWC and the CRPD in South Africa.

The thesis deals with the theme of children's rights and knowledge of young people in the South Bohemia region, concretely near the city of Tábor (Soběslav, Sezimovo Ústí II.). There are three main objectives of the thesis. The first one was to find out what is the level of knowledge on the rights of children as stated in "Convention on the Rights of the Child" of young people in the South Bohemia region, concretely near the city of Tábor (Soběslav, Sezimovo Ústí II.). The second objective was focused on what areas of life is the identified knowledge of adolescents exercised in; speaking about the young people in the South Bohemia region, concretely near the city of Tábor (Soběslav, Sezimovo Ústí II.). As a result of the data collected the third objective was set and it was meant to verify whether the intervention programme, which was created to improve the knowledge of the adolescents questioned, was successful. After completing studies of literature on the theme, a random selection of respondents was specified. These were pupils of 9th forms of elementary schools and students of 1st year of high school in the South Bohemia region, concretely from the city of Tábor and its surroundings (Soběslav, Sezimovo Ústí II.). The data collection was conducted in the form of a questionnaire. From the obtained data the conclusions necessary to verify the set objectives were drawn. The results were compared between girls and boys. Subsequently, they were compared with the results of the intervention programme, which was drawn up after the collection of the data using the basic questionnaire. The purpose of this program was to increase the knowledge of young people. Both of these results were compared to the research from the year 2010, which formed the basis for the designing of the questionaire and the objectives of the thesis.

This thesis deals with the human rights of children living in families and children in foster education accordance with the legislation in the Czech Republic. In this thesis I present the structure and evolution of socio-legal protection of children and the laws that govern it. In this thesis my aim was to make comparison with selected European states and the countries of the European Union and propose recommendations de lege ferenda protection of human rights of children in accordance with Czech law and in accordance with international legal standards. To achieve this, I used the analysis of these documents. Based on the comparison and based on the data have been proposed recommendations leading to the observance and respect for the rights of children in the Czech Republic.

Submitted by Irene Nascimento (irene.kessia@ufpe.br) on 2016-12-15T14:11:44Z No. of bitstreams: 2 license_rdf: 1232 bytes, checksum: 66e71c371cc565284e70f40736c94386 (MD5) dissertacao_patricia_guarany_corrigida_maio2016.pdf: 2219386 bytes, checksum: 4f77104936970aecc6c77bb4cfa5ccff (MD5) / Made available in DSpace on 2016-12-15T14:11:44Z (GMT). No. of bitstreams: 2 license_rdf: 1232 bytes, checksum: 66e71c371cc565284e70f40736c94386 (MD5) dissertacao_patricia_guarany_corrigida_maio2016.pdf: 2219386 bytes, checksum: 4f77104936970aecc6c77bb4cfa5ccff (MD5) Previous issue date: 2015-08-28 / CAPES / A presente pesquisa está inserida no Programa Interdisciplinar de Pós-graduação em Direitos Humanos da Universidade Federal de Pernambuco, na linha de pesquisa: Cidadania e Práticas Sociais e tem por objetivo analisar, em uma perspectiva discursiva, os modos pelos quais os Direitos das Crianças encontram-se presentes em livros didáticos dos anos iniciais do ensino fundamental, no período de 2013-2015, com base no Estatuto da Criança e do Adolescente. Para compor os corpora da análise, foram selecionados onze livros didáticos de 1º a 5º ano, dos componentes curriculares matemática, português, ciências, história e geografia, estando todos os títulos devidamente aprovados pelo PNLD 2013. Trata-se de uma investigação qualitativa, realizada a partir de procedimentos metodológicos de pesquisa bibliográfica e documental. Na pesquisa documental, foram abordados os marcos legais referentes à criança, à educação em direitos humanos e aos livros didáticos. A pesquisa bibliográfica está embasada, do ponto de vista teórico, em uma perspectiva interdisciplinar, conjugando os campos da Educação e dos Direitos Humanos, entre outros. A partir da ótica da Análise do Discurso, em sua vertente francesa, foram selecionadas as seguintes categorias de análise: criança/infância (SARMENTO, 2005; SANTOS, 2012a; ARIÈS, 2012; RIZZINI; PILOTTI, 2011, DeMAUSE, 2002), sujeito de direitos (BRASIL, 2012a; ROSEMGERG; MARIANO, 2010; SEDA, 2011; BAZÍLIO; KRAMER, 2011) e educação em direitos humanos (SILVA, 2010a; CANDAU; SACAVINO, 2010; MAGENDZO, 2008; BITTAR, 2007; BENEVIDES, 2007). As análises dos livros didáticos foram realizadas em textos escritos e imagéticos, com base nos trabalhos teóricos de Dominique Maingueneau (2005; 2008a; 2008b; 2013a; 2013b) a partir de três conceitos: ethos, cenografia e interdiscurso. As imagens, enquanto texto que também materializam discursos, foram estudadas a partir da análise do discurso, além de Joly (1994) e Santaella e Nörth (1999). Os resultados da pesquisa indicam que os livros didáticos têm se apresentado como uma arena de disputa de sentidos, no mais das vezes contraditórios acerca dos direitos da criança, ora afirmando sua condição de sujeito social de direitos, ora colocando-a em condição de subjugo decorrentes de uma série de fatores relacionados a poderes hegemônicos, dentre eles, o fato de a sociedade ser baseada em valores centrados no adulto, caracterizando uma espécie de “adultocentrismo”. Neste sentido, observamos que, sob um viés histórico- social os livros didáticos avançaram em qualidade e em reconhecimento da infância, contribuindo na direção de sua não invisibilidade. Em outra direção, as referidas contradições sinalizaram que os livros didáticos pesquisados pouco têm para uma educação em direitos humanos e sua proposta crítica, de favorecimento do protagonismo infantil e de transformação social. / The present research is part of the Postgraduate Interdisciplinary Program on Human Rights from the Universidade Federal de Pernambuco, in the search line: Citizenship and Social Practices and aims to examine, in a discursive perspective, the ways in which children's rights are present in textbooks of the early years of elementary school, from 2013-2015, based on the “Estatuto da Criança e do Adolescente”. To compose the corpora analysis, eleven textbooks were selected from 1st to 5th grades of the component curricular mathematics, Portuguese, science, history and geography, being all titles approved by the PNLD 2013. This is a qualitative research, carried out from methodological procedures of bibliographic and documental research. In the documental research, the legal frameworks relating to child, to education on human rights and textbooks have been addressed. The literature is grounded, from a theoretical point of view, in an interdisciplinary perspective, combining the fields of Education and Human Rights, among others. From the perspective of Discourse Analysis, in its French slope, the following categories of analysis were selected: child / childhood (SARMENTO, 2005; SANTOS, 2012a; ARIÈS, 2012; RIZZINI; PILOTTI 2011, DeMAUSE, 2002), the subject of rights (BRAZIL, 2012a; ROSEMGERG; MARIANO, 2010; SEDA, 2011; BAZÍLIO; KRAMER, 2011) and education on human rights (SILVA, 2010a; CANDAU; SACAVINO, 2010; MAGENDZO, 2008; BITTAR, 2007; BENEVIDES, 2007). Analyses of textbooks were carried out in written texts and imagistic, based on theoretical work of Dominique Maingueneau (2005; 2008a; 2008b; 2013th; 2013b) from three concepts: ethos, scenography and interdiscourse. The images, taken as text that also materialize discourses, were studied from the discourse analysis, and also Joly (1994) and Nörth and Santaella (1999). The survey results indicate that textbooks have been presented as an arena of dispute of meanings, most often contradictory, about the rights of children, sometimes stating their social condition as subjects of rights, sometimes placing it in subjugation condition due to a variety of factors related to hegemonic powers, among them, the fact that society is based on values centered in adults, featuring a kind of "adultcentrism". In this regard, we note that, under a social-historical bias, the textbooks have improved in quality and recognition of childhood, contributing towards its non-invisibility. In the other direction, the contradictions indicated that the textbooks surveyed have not contributed to human rights education and its critical proposal of favoring children social participation and social transformation.

Children are the group of a society that is most vulnerable to the effects of poverty and inequality.Street children, particularly, could represent the ultimate misfortune of poverty and inequality. The problem is enlarged by the indication that the number of street children around the world isincreasing in pace with increasing social inequality. This study departs from a rights-based approach of research informed by United Nations Convention on the Rights of the Child (CRC). The purpose of this study is to compare Brazil and South Africa in their levels of commitment to children's rights, specifically in making internationaland national laws and regulations widely known and enforced in their respective societies, measured through the knowledge and perceptions of NGO-staff not only as professionals, but also as private citizens. The main data sources used were email-surveys and telephone interviews with NGO-staff, alongside with analysis of the CRC and the national child protection regulations in Brazil and South Africa. The main findings of this study represent a step towards covering some of the gaps in the researchliterature concerning street children. These findings are that Brazil and South Africa do not fully cover the contents of the CRC into their national child protection laws. The other finding regards the fact that Brazilian NGOs working with street children do not make consistent use of the national institutions responsible for the protection of children's rights. South African institutions, on theother hand, do make use of the national institutions responsible for the protection of children's rights.

M.A. / The child and youth care system in South Africa was transformed on recommendations of the Inter-Ministerial Committee on the Transformation of the Child and Youth Care System in 1996. The South African Constitution, The Bill of Rights and the Children’s Act 38 of 2005 and its amendment Children’s Act 41 of 2007 ensure that the best interest of children is paramount in all services to children. Corporal punishment was abolished as a method of disciplining children because of its punitive nature and the negative effects it had on children. The motivation for this study arose from the need of the researcher to find out what has replaced corporal punishment, if anything, in the rights-based post corporal punishment era. The objectives for the study were: to explore what was perceived as challenging behavior by the children and child care workers, to establish what methods were used to manage what was perceived as challenging behavior, to explore what training was received by the child care workers to assist them in managing challenging behavior and to make recommendations on the findings. An exploratory, descriptive qualitative research design approach was found to be suitable for this qualitative study. Focus groups were conducted as a means of collecting data. Findings from the study indicated that not much had changed with regards to the methods used to discipline children in the institution post the corporal punishment era. From the study it could be deduced that there is still a lot to be done in terms of alternatives in managing challenging behaviour of children. The study makes recommendations that will involve all significant role players including children in managing challenging behaviour in places of care.

Magister Legum - LLM / Child participation and the right of children to be heard in matters that directly affect them, including in judicial and administrative matters, is a right that is entrenched in a number of international and regional instruments. This right is also entrenched in the South African Constitution that provides for children to be legally represented, at State expense, in civil proceedings affecting them and this includes divorce proceedings. However, this constitutional right is limited to those circumstances where a substantial injustice would otherwise result should such legal representation not be afforded. This thesis examined how the voices of children can be heard during divorce proceedings and makes recommendations as to when children involved in divorce proceedings should be granted legal representation at State expense. / South Africa

Magister Legum - LLM

The purpose of the study was to identify causes and consequences of early marriages in Lusikisiki. The population of this study is a convenience sample from Lusikisiki. The researcher thought that this was appropriate because these subjects would be sharing their personal experiences in the form of case studies. The ages of subjects that were interviewed were 40 years & 47 years old (both married early) and those that married late were both 50 years old. The idea that guided the study was an exploratory one aimed at understanding the phenomenon of early marriage. The aim was to explore the following ideas: Young girls are being given into marriage at their early age by their parents because of the bride price (ilobola)Women that are given into marriage early feel victimized by this process early marriage disrupts the school pattern of young girls Men are the main beneficiaries of early marriage.