Doctor Legum - LLD / In Africa generally, orphaned and vulnerable children are traditionally cared for by their relatives or close family friends; this is an abiding practice even in contemporary times. This was historically considered to be a moral obligation binding on different relatives in different ways or at differing levels. In the face of the increasing complexities and changing demographics in African societies, high levels of poverty and socioeconomic inequalities as well as the incidence of HIV and AIDS, among others, the traditional family continues to undergo structural changes and experience various challenges which make child rearing responsibilities difficult to cope with especially in the context of loss of parental care. Nonetheless, the extended family system still bears the greatest burden in caring for such children, despite the obligation of governments to provide alternative care for children without parental care. The care of children who have become deprived of parental care by other relatives/family members or family friends is generally described as kinship care. This study seeks to examine kinship care against the background of international children’s rights law as encapsulated in the United Nations Convention on the Rights of the Child, the United Nations Guidelines on the Alternative Care of Children and the African Charter on the Rights and Welfare of the Child, among others. Thus, this research seeks answers to a number of related research questions such as: Does the international children’s rights framework recognise or provide for kinship care as a measure of alternative care for children deprived of a family environment? What is the history and practice of kinship care in Africa and what are the challenges confronting kinship care in contemporary African societies? What is the relationship between kinship care and the child protection system? And what forms of support are available for kinship care at both the international and national levels? Four main themes are considered in separate chapters of the thesis as follows: the contextual and historical background to kinship care in Africa; the international and regional legal framework on the right to alternative care; the conceptualisation of kinship care as alternative care; and the law and practice of kinship care in selected domestic jurisdictions. South Africa and Namibia are the main focus of this study in the chapter on the status of kinship care at the domestic level. This is mainly because both countries have made some progress in the attempts at (legally) providing for kinship care and addressing some of its attendant challenges, with a particular emphasis on the provision of support for kinship care.

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

The international dilemma of child soldiers is a humanitarian concern throughout the world. The Coalition to Stop the Use of Child Soldiers (CSUCS) began in 1998 and is currently the leading collaborative movement to address the issue. However, because of its emphasis on a universal 'Straight 18' approach and support of the Optional Protocol of the Convention on the Rights of a Child (CRC), the CSUCS ignores contextual realities that affect the implementation ofthe international legislation and the development of norms concerning child soldiers. This research project will examine the current international nongovernmental organization (INGO) response to child soldiers- focusing on the CSCUS - and formulate suggestions for potential avenues to further INGO involvement with policies and projects. The argument is based on a neoliberal institutionalist platform that argues in favour ofiNGOs' ability to successfully influence actions taken by state actors to address human right issues. Highlighting the successful INGO influence on states during the International Campaign to Ban Landmines, I will present this example as a potential model for the Coalition to Stop the Use of Child Soldiers, and explore the feasibility of this model whilst making suggestions for more effective involvement of INGOs with regard to the issue of child soldiers.

In Mexico there are officially 1.8 million orphaned children, without counting non-orphaned children deprived of family, who also need care; of these, only 657,000 are living in 703 orphanages. Mexico's government invests less than 2% of its budget toward protection of children. There is a lack of substantive research or official assessment of orphanages. According to the scant research found, the children's human rights most frequently violated in Mexican orphanages are the rights to nutrition and health care, to be protected from further victimization, to free expression and participation, and to not be exploited. This study was carried out through in-depth, semi-structured interviews with the manager and five staff members of a respected orphanage in Mexico. It aimed to determine how they attempt to fulfill the aforementioned rights, and how their work relates to six prerequisites for efficient group-care formulated by Wolins after his vast research on the matter. Results indicate that the staff members of this orphanage view their work as spirituality in action, becoming the children's family, caring for their health through special vegetarian nutrition. They teach the children that they are the masters of their own lives and happiness, and not to see themselves as victims. From results I also suggest well supervised facilities, coupling between staff and professionals to screen children's health; a vegetarian diet based on scientific research; children's participation in rules, learning about, from and for their human rights and the idea of children being masters of their life and happiness.

This treatise investigates the potential for law (including courts and tribunals) to intervene and act as a lever for the protection and advancement of the rights of the child including the right to basic education. The dissertation critically explores the debate on the educator‟s right to strike and fair labour practices and the child‟s right to education, by assessing the rights and liberties, which accrue to educators and the child (learners) in terms of existing law. The South African Constitution has made specific provision for the protection of the rights of children and the rights of educators and these rights are fundamental to the development of a society in transition. The vexed question that arises is whether these rights can co-exist in a society that has inherited a legacy of discrimination and inequality. The consequences of this legacy have resulted in the rights of educators competing with those of learners. The normalisation of the balance of these opposite rights is the challenge that lies ahead and this process will require intervention of all stakeholders rather than purely legislative intervention. This dissertation recommends a consensus-based approach, which is the most appropriate solution to balance the rights of educators with this of the child‟s right to education, as opposed to a declaration of the education sector as an essential service. It further proposes the establishment of a more structured and organised forum / institution and its sole purpose would be to deal with the individual or collective rights of educators that compete with the rights of learners.

Throughout the world, but especially in the African continent, international, cross-border and national conflicts are ongoing. In the majority of these conflicts child soldiers are involved in various ways. Judicial problems concerning the prosecution of commanders and leaders of armed groups, irrespective of governmental or not are being solved. Thus, underlying concern is left to the issue of accountability of child soldiers. International, Regional and National protection measures provide for certain judicial standards dealing with children under the age of eighteen. In order to fully understand the difficulties arising from the existence of universal binding measurement dealing with the accountability of child soldiers, one has to be aware of the international, regional and national legislative frameworks. In Sub Saharan Africa, especially in Rwanda, Uganda and the Democratic Republic of Congo, governments face various difficulties, such as the implantation process of international protection measures and ongoing conflicts, making it very difficult to examine the status of accountability measures for child soldiers. States have different minimum ages for accountability for child soldiers. Only a process of international co-operation between governments and non state actors can attempt to deal with the accountability of child soldiers. Not only deterrent, but rather restitution approaches and reintegration programmes should be followed in order to bring justice and achieve results in peace processes.

Le Traité de Lisbonne a profondément modifié l’étendue de l’action extérieure de l’Union européenne. L’une des modifications les plus importantes qu’il a apportée à l’action extérieure de l’Union européenne relève des objectifs constitutionnels qu’elle doit désormais satisfaire. En effet, l’article 3 §5 du Traité sur l’Union européenne concerne les objectifs internationaux de l’Union. Parmi ces objectifs, l’un d’eux est particulièrement important, d’une part, en ce qu’il traduit un intérêt nouveau de l’Union et, d’autre part, en ce qu’il était inattendu, il s’agit de l’objectif de protection des droits de l’enfant. Le nouveau statut de la protection des droits de l’enfant au sein du droit de l’Union est passé relativement inaperçu et la doctrine s’en est peu fait l’écho.Ce nouvel objectif sur la scène internationale soulève plusieurs questions tenant à l’existence d’outils juridiques permettant sa réalisation ou encore tenant à l’efficacité des mesures adoptées pour protéger les droits de l’enfant au niveau international. Ces différentes problématiques trouvent des réponses, toutefois, la réalisation de cet objectif soulève d’autres difficultés qui poussent à s’interroger sur les limites de l’action européenne et par la même, sur les limites du fonctionnement de l’Union européenne. Les droits de l’enfant sont un domaine particulier car ils emportent des aspects juridiques certes, mais pas seulement. L’Union européenne en décidant d’incorporer leur protection au sein de ses objectifs internationaux, se trouve dans une situation d’équilibriste tout particulièrement au regard de la situation internationale actuelle mêlant conflits armés, crise humanitaire et mouvements migratoires importants. Force est de constater que face à cette situation, l’Union connait de nombreuses difficultés à réaliser cette protection internationale des droits de l’enfant voire même à lui faire une place au sein de son action extérieure. / The Treaty of Lisbon has deeply changed the scope of the external action of the European Union. One of the most important changes it has made to the European Union's external action is the constitutional objectives it now has to meet. Indeed, Article 3 §5 of the Treaty on EU concerns the international objectives of the EU. Among these objectives, one of them is particularly important. Firstly, because it reflects a new interest of the EU and, on the other hand, because it was unexpected: it is the aim of protecting children’s rights. The new status of the protection of children's rights in EU law has been relatively unnoticed and the doctrine has barely relayed it. This new aim on the international scene raises several questions related to the existence of legal tools for its realization or to the effectiveness of the measures adopted to protect children’s rights at an international level. These different issues are answered. However, the achievement of this objective reveals other difficulties that raise issues about the limits of European action and therefore the limits of the functioning of the EU. Children’s rights are a particular matter because they carry legal aspects, of course, but not only. The European Union, by deciding to incorporate their protection into its international objectives, finds itself in a balancing act, particularly in regard of the current international context, which combines armed conflicts, humanitarian crisis and major migratory movements. It is clear that, faced with this situation, there are many difficulties encountered by the EU for the achievement of this aim of protection of children’s right and even in making it a part of its external action.

"The debate over the effectiveness of the laws to address the situation of children in armed conflict, the political will of the international community to alleviate the plight of children in such situations, as well as the search for effective strategies to address the issue of children affected by war, remains lively and unsettled. This study aims to contribute to the ongoing discussion with a focus on northern Uganda where, for the last 19 years, children have been suffering as a result of armed conflict with no response from the international community. It appears that the government, the armed forces and the international community have simply ignored their plight. ... The study is divided into four chapters; chapter one discusses the internal and international armed conflict dichotomy. It further discusses legal protection that exists under international law for children. An overview of the current standard-setting efforts, enforcement and implementation of these laws is also considered in the chapter. Chapter two considers particular risks faced by children in armed conflict including the child soldier phenomenon; refugee and internally displaced persons (IDPs); sexual abuse and exploitation of children; and the impact of landmines and unexploded ornances on children. The chapter finally looks at actions the international community can take to protect children in compliance with international law. Chapter three gives a background to the conflict in northern Uganda; it discusses the groups of children at risk and the failure to prioritise the protection of children by all actors at the local and international level. Chapter four draws a conclusion and gives recommendations to the ongoing search for effective strategies to address the plight of children affected by war with focus on northern Uganda. These recommendations are addressed to the government, the armed group and the international community." -- Introduction. / Mini Dissertation (LLM)--University of Pretoria, 2005. / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

"Children's participation in armed conflict is one of the worst [forms] of child labour and a violation in itself. It is an extensive violation of international humanitarian and human rights law. There is increasing awareness about the variety of roles played by girls in fighting forces. They are abducted and forced to be sexual slaves, cooks, [to] clean, act as porters, loot, and [be] 'wives' to combatants. Notwithstanding, Veale observes that there are still a few gender-based issues of the differential experiences of male and female children who have been involved in military units. Although they play all these roles, they have received scanty attention during the reintegration process as opposed to male child soldiers. Mckay and her colleagues argue that [the] majority of reports, internaitonal campaigns, and initiatives continue to use the generic term 'child soldiers' which most often mean 'boys'. They do not identify differential impacts for boys and girls before, during or after armed conflicts. Mazurana found in another study that between 1990 and 2000, underaged girls participated in armed conflicts in a minimum of 32 countries as child soldeirs or military support forces. ... Northern Uganda qualifies [as] a case study because it has been in conflict between 1996 [and] 2006. It is estimated that there are 70 to 80 percent of child combatants with girls making up 30 percent. Disarmament and demobilisation is carried out by Uganda's People Defence Force (UPDF) working together with some United Nations (UN) humanitarian bodies, then NGOs and community leaders in turn work on the reintegration of the returnees. However, the reintegration process in Uganda is a-typical when compared to that of Sierra Leone, and most often does not take into consideration the special needs of female child soldiers. ... My focus will therefore be on Northern Uganda, but reference will be made to Sierra Leone as precedent where the context permits. This will be relevant for any reintegration procudure that Uganda adopts after the war. ... Chapter one: introduction and background. Chapter two: investigating the recruitment and impact of conflict on child soldiers in general and female child soldiers in particular. This chapter will be divided into two parts. Part one sets the stage by giving a brief account of the conflict in Northern Uganda and Sierra Leone. Part two identifies the significant environmental factors, but not sufficient conditions that cause children in general, and girls in particular, to join armed groups and the impact it has on female child soldiers. Chapter three: legal guarantee of the right to reintegration - by provision and implication. This chapter outlines and analyses treaties that have influenced and circumscribed the policies and practices for the reintegration of female child soldiers. It also looks at those that provide for reintegration by implication. This chapter will also examine the rights-based approach as base for reintegration processes. Case law will be included. Chapter four: comprehensive analysis of effective socio-economic reintegration of female child soldiers. This chapter will examine the factors that influence successful reintegration. It will portray the half-baked approach of reintegration that is obvious in the case study. The role of international agencies, NGOs, civil society and other actors will be discussed as a platform for successful reintegration. Furthermore, some decisions at the Special Court of Sierra Leone (SCSL) will be discussed. Chapter five: conclusion and recommendations." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2006. / Prepared under the supervision of Mr. Angelo Matusse at the Faculdade de Direito, Universidade Eduardo Mondlane, Mozambique / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM

Malawi is a state party to a number of international human rights instruments that guarantee the rights of children with disabilities (CWDs), which include the United Nations (UN) Convention on the Rights of Persons with Disabilities (CRPD); the UN Convention on the Rights of the Child (CRC); and the African Charter on the Rights and Welfare of the Child (ACRWC). The instruments guarantee the right to education, among other rights. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2011. / http://www.chr.up.ac.za/ / nf2012 / Centre for Human Rights / LLM