Magister Legum - LLM / In a country in which human rights feature prominently in our discourse about who we are, as well as in the South African constitutional and legal framework, so many wrongs continue to be perpetrated on women and children. However, children seem to be particularly affected by domestic violence, either physically, emotionally or socially. In order to adequately address these diverse experiences and understand what children say, an in-depth investigation into how children experience domestic violence, and what their views are, is required. The study will focus on those children who had been affected emotionally and socially in their homes. This study will make an attempt to expand on how children experience domestic violence, what the general reaction of a selected group of children, who have observed domestic violence, is and what their views of domestic violence are. Attention was given to the relevant literature as well to legislative and policy frameworks. The study employed a qualitative research method in order to obtain in-depth data from the children. Children were selected from three schools in a small Northern Cape town, which participated in the study and the schools were grouped as follows: one school from each area, which are Nonzwakazi, Sunrise and De Aar (town). Each high school had five participants. The participants‟ ages were between 12 and 17. All the participants reside at De Aar which is situated in Prixley kaSeme District about 300 kilometres from Kimberley, Northern Cape Province. Data was coded according to the themes that emerged from the study and were analysed. The results indicated that children are able to share their experiences when given the opportunity. It is further shown in the results that children view domestic violence as a wrong and that men are the sole abusers. It further indicated that children do not have confidence in the courts; they are of the view that the courts are being too lenient on the abusers and they further said that more protection orders should be issued in order to prevent domestic violence. They blame this on non-responsiveness of the police when they are called and the kind of punishments the courts impose when the abuser is brought before court.The majority of children expressed their wish to see justice being done. The study found that children are of the view that there is little support from the police and the courts. The study concluded that children, acting voluntarily and with appropriate ethical safeguards, can make a significant contribution to both describing their experiences of domestic violence, and to indicating the standard of services and other interventions that they can trust and use.

In modern society, children are acknowledged as bearers of both children‟s rights and all other rights in the Bill of Rights which generally apply to children. One important right, outside of section 28, is that of bodily integrity or the right to control and decide what happens to their body. Therefore, children theoretically have the right to consent to medical treatment and surgery. However, children are generally deemed to lack the necessary maturity to make decisions of this nature and require parental consent before any medical procedure may be performed. Following the enactment of the Children‟s Act 38 of 2005, the age of consent for medical intervention was lowered to the uniform age of twelve. Children above the age of twelve are recognised as having the capacity to make their own decisions in respect of bodily integrity, whereas those under twelve still require parental consent. While this may be a positive evelopment, it is potentially problematic for two groups of children, known as „benefactor children‟ and „saviour siblings‟. In the last 50 years, there has been a noticeable advancement in the field of genetic research. One such development is the possibility of creating one child to save the life of another through tissue or organ donation. This has provided options to parents of children with life threatening conditions where before, there was little hope of a cure. Now, at the request of these parents, children can be specifically “genetically engineered” as an embryo, to become a tissue or organ match to a sick sibling. These children are known as „saviour siblings‟. Another group of children has emerged. While not the result of “genetic engineering”, they serve a similar purpose in being potential life-saving donors to an ill sibling and are known as „benefactor children‟. Both categories of children enjoy the protection of fundamental rights. For those who are under twelve years of age however, the right to bodily integrity can be infringed upon by the proposed surgical removal of organs or tissue for the benefit of a sick sibling, based purely on a parent‟s consent. At stake too, is the right to reproductive autonomy. Parents bear children for a number of different reasons, which can include raising a child to save the life of another. As they have the right to reproductive autonomy, adults are able to decide when they want children and for what reason they want children, which can include the various techniques used to bring about „saviour siblings‟. However, as rights are mutually interrelated and nterdependent, they cannot be viewed in isolation. Therefore, it must be asked: does a person‟s right to reproductive autonomy, as guaranteed by the Constitution, justify interference with an embryo? As an embryo is not recognised in South African law as a legal subject, it will be difficult to justify interference with this right on this basis. The right to consent to medical intervention only from age twelve was described as potentially problematic for „benefactor children‟ and „saviour siblings‟, as parents with seriously ill children may become so emotionally burdened, that they place the welfare of the sick child over that of the healthy child. Thus, it is possible that parents will consent to any and all procedures on the „benefactor child‟ or „saviour sibling‟, regardless of the implications to the health and suffering of the healthy child. Section 28(2) of the Constitution states that the child‟s best interests are of paramount importance but, it must be asked, whose best interests are more important when more than one child is involved? As this is a decision parents are incapable of making at that time, the decision should be made by a neutral, impartial and unemotional third party such as the Court, which can be assisted by the Family Advocate and an ombudsman, who are experts in assisting children and promoting their best interests. Presently, South African law does not expressly address „saviour siblings‟. However, with few changes to the National Health Act and other Regulations, this is an area which could be regulated in time. These changes could include finalising the draft regulations as well as providing a list of the medical and dental purposes for which blood and tissue can be removed and should make specific reference to the removal of tissue, blood or blood products to treat a sick sibling. It is also imperative that South Africa regulates these matters now, as „saviour siblings‟ are no longer simply a matter for the future. Furthermore, legislation needs to be amended and enacted to prevent the law from becoming out-dated and redundant, leaving „benefactor children‟ and „saviour siblings‟ vulnerable while law is being drafted. In that international law is silent on the matter, South Africa would be well advised to consider foreign law such as the United Kingdom, in developing its law. As the United Kingdom has developed a National Board, so too should South Africa, as this would assist in regulating „saviour siblings‟ by allowing members to review each proposed case of „saviour siblings‟. This is merely one recommendation of several which could facilitate a smooth, controlled regulation of a highly emotional topic. Children remain one of the most vulnerable groups in society and their rights are often susceptible to infringement or abuse. It is incumbent on the law to ensure that, wherever possible, these rights are protected, especially as science continues to advance and it becomes more difficult to determine what is morally correct.

The thesis defends a critical theological engagement with rights and autonomy as the basis for protecting children. It was prompted by child protection cases encountered as a lawyer involving families from minority religious communities. The cases raised questions about cross-cultural norms for child protection. The need for such norms, emphasised in the Laming report into Victoria Climbie's death through exorcism, is further highlighted by phenomena like forced marriage and 'honour' killing. Government documents and judicial decisions assume that such norms are found in children's rights and welfare. Yet welfare is indeterminate and in some circles rights are seen as incompatible with religion, unrealistic in their universal aspirations and criticised for liberal assumptions about autonomy and reason. The problems are examined through contextual illustrations from contemporary debates about forced marriage, religious dress, 'honour' killings and sexuality, corporal punishment, faith-based education and adoption. The introductory chapter sets out the problematic, methodology, legal and religious sources and paradigms and the limits of the research. The second chapter considers earlier explorations of cross-cultural bases for child protection norms and identifies their limitations; in particular assumptions of agreement over what constitutes harm are challenged. Chapter three examines specific illustrations of secular or liberal concern which highlight differing understandings about what is harmful for children. In chapter four the worldviews, epistemology and theology underlying such differences are examined in greater depth, identifying divergent views about autonomy as a key factor in the differences. Chapter five considers the concept of autonomy from the perspective of Christian theology, particularly that of Karl Barth and Christian arguments concerning rights. This process enables the construction of a theological defence of autonomy and rights in which autonomy is understood not as libertarian freedom but as the graced uniqueness of cognitive, affective and bodily integrity and identity inherent in all human beings from birth. Such autonomy is the gift of personhood in 'what is least fathomable and controllable in the human subject' that human rights are designed to protect. Graced autonomy can only be lived in relationship with family, community and God but recognises that without respect for each person's integrity and worth right relationship is impossible. Rights are defended as necessary in addressing distortions of power even exploitation which subordinates the interests of some to more powerful others, both individuals and communities. Rights based on graced autonomy also provide more substance to what constitutes worth in terms of the material, social and participative. The sixth chapter assesses the compatibility of the paradigm of graced autonomy with Islam and Judaism whilst the seventh and final chapter considers the implications of the paradigm for various areas of public and legal debate concerning children and adults. In addition further areas of research and exploration of the paradigm are considered for example implications for theological literacy in frontline social work, further testing in other faith traditions and application to adults' rights.

This study focuses on children's right to birth registration in Zimbabwe. The research focuses on a children's rights based approach to birth registration and interrogates the government's adherence to article 6(2) of the African Children's Charter. Key recommendations are drawn from best practices in other jurisdictions and international human rights standards. / Mini Dissertation (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2021. / Centre for Human Rights / LLM (Human Rights and Democratisation in Africa) / Unrestricted

Lesotho ratified the United Nations Convention on the Rights of the Child 1989 (hereafter 'the CRC') in 1992. By virtue of ratification of the CRC Lesotho has undertaken to harmonise its national laws with the CRC provisions. This study looks into the transformation of the Lesotho juvenile justice system since the ratification of the CRC. Some of the provisions of the Children's Protection Act No. 6 of 1980 (hereafter 'the CPA') which established the Lesotho juvenile justice system are not fully compliant with the CRC. This study shows that some major topics in the current Lesotho juvenile justice such as the age of criminal responsibility, procedures in the children's court, legal representation and diversion do not meet the standards of the CRC. Further, the general principles of the CRC are inadequately applied. In order to address these inadequacies Lesotho has drawn the Children's Protection and Welfare Bill 2004 (hereafter ' the Bill' ). Some of the provisions of the Bill relevant to juvenile justice are analysed through the standards of the CRC. While the Bill still has some short falls, in the majority of provisions it sufficiently addresses gaps between the current juvenile justice system and the provisions of the CRC. The study concludes by arguing that the enactment of the Bill should not be delayed further. Professionals in juvenile justice should be trained. Further, some provisions of the Bill like designation of magistrates for the Children's Courts can be put into practice and the use of diversion and restorative justice continued. The CPA provisions which are compatible with the CRC should be used. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2009.

Thesis (LLM. (Management and Development Law)) -- University of Limpopo, 2014 / The “best interests” of the child means considering the interests of the child before a life changing decision is made. The decision makers are required to take into consideration the child’s “best interests” before making a decision concerning the child; hence, the requirement that the “best interests” of the child are of paramount importance in every matter concerning the child. It is a principle developed from the common law that is used to assist the Courts and other institutions in the decision making process in matters affecting children. Institutions and Courts balance these interests in arriving at their decisions. The Courts have a wide discretion on what the “best interests” of a child are and effect should be given to these interests. The Courts have to apply the “best interests” of the child based on the facts of the particular case and simultaneously protect the rights of the child as enshrined in the Constitution. There is no “cast in stone” formula to be followed. Another difficulty is that children’s rights have to be protected in concurrence with those of his or her parents. So, there should always be a balancing of interests of the child and the other interested parties including parents. iv

Thesis (Ph. D.)--University of Hawaii at Manoa, 1990. / Includes bibliographical references (leaves 242-246) / Microfiche. / ix, 246 leaves, bound 29 cm

Thesis (LLM (Research))--Murdoch University, 2009. / Thesis submitted to the Faculty of Law and Business. Includes bibliographical references.

The dissertation traces events that contributed towards a climate where the status of children changed from property to that of person status with the concomitant recognition of children's rights. Social conditions in England, America and France from late preindustrial times to the early twentieth century were investigated. The United Nations' role in establishing children rights documentation and an evaluation of these d~μrpents in terms of the educational implications thereof were described and discussed. The African perspective towards international children's rights documents events was outlined while the attempts of Africa to address the unique needs of the African child were detailed. In the light of the changing social orientation in the Republic of South Africa, children's rights advocacy in South Africa was reviewed. Criteria for evaluati-ng documents addressing the needs of children were proposed and based on the findings of the study, recommendations regarding the direction of children's rights advocacy were advanced. / M. Ed. (History of Education)

published_or_final_version / Social Work / Master / Master of Social Work