Text in Afrikaans / lnternasionale erkenning van die konsep van kinderregte skep die grondslag vir state om op nasionale vlak inisiatiewe te loads wat op die kweek van 'n kinderregtekultuur gerig is, wat sal meebring dat 'n sensitiwiteit vir kinderregte ontwikkel en prioriteit aan die beskerming van daardie regte verleen word. Dit is 'n omvattende taak wat grondwetlike bepalings raak en wetgewing en administratiewe programme vereis ten einde 'n balans te vind tussen ouers se aansprake op gesinsoutonomie en die strewe om in gepaste gevalle aan kinders die bevoegdheid te verleen om self besluite oar hul lewens te neem. Die belangeatweging vind plaas teen die agtergrond van die primere oorweging van die beste belange van kinders ten opsigte van aspekte wat hulle raak . . / International recognition of the concept of children's rights lays the foundation for states to launch initiatives on national level which are aimed at developing a culture of children's rights. This will lead to an increased sensitivity to children's rights and the fact that priority will be given to the protection of those rights. It is a wide·ranging task which affects constitutional provisions and requires legislation and administrative programmes in order to strike a balance between parents' claims to the autonomy of the family and the attempt to enable children, in suitable instances, to make decisions about their lives themselves. This weighing up of interests takes place against the background of the primary consideration of the best interests of children with respect to aspects which affect them. / Constitutional, International and Indigenous Law / (LL.M)

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

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

Despite the burgeoning social scientific research regarding children and young people, there has been a paucity of research regarding the everyday issues and experiences of 'disabled' teenagers. This thesis presents an understanding of the encounters and experiences of teenage wheelchair users in a range of public and private leisure spaces. The thesis contributes to expanding debates surrounding the significance of difference in developing understandings of the lives of particular 'groups' of (young) people. It challenges the notion of 'wheelchair user' as a universal grouping, exploring the difference and diversity of their leisure experiences in relation to the home, transport, indoor and outdoor public leisure spaces. The study utilises a multi-method approach, tailored wherever possible to the needs of individual participants. The methods used include survey-based interviews, a photography exercise and participant-led tours. Significant emphasis is placed on the contributions of the young people themselves, as experts in their lives. The thesis presents the diversity of experiences that teenage wheelchair users encounter in those spaces used for, and designated as, leisure. Discussions centre on their enjoyment(s), disappointment(s) and the insights that they can give to the development of the everyday spaces that they frequent. A number of theoretical contributions are put forward in relation to the teenagers' use of spaces in accessing leisure, and which have wider ramifications for debates relating to geography, childhood and 'disability'. Throughout, the notion of disadvantage in the lives of the teenagers is discussed, alongside the significance of the (socially-constructed) labels 'childhood', 'disability' and 'wheelchair user'. These 'layers of disadvantage' are explained as they manifest in and through the spaces that the teenagers frequent in relation to leisure. The notion of 'deceptive access' is drawn out to explore spaces which are seemingly adapted and accessible for the generic wheelchair user, however where access is not afforded in relation to the diverse needs of the young wheelchair user. Throughout, the theme of emotion in relation to leisure is developed, situating the experiences of this group of young people in their 'present time worlds' (Sanders and Munford, 2008, p. 331), and highlighting the importance of the everyday in understanding the leisure of young people. Ultimately the significance of leisure in the here and now, rather than merely for the future good is maintained.

Despite the Arizona family court's purported focus on the "best interests" of the child, it is inherently parent-centered and does not, in actuality, serve children's well-being. When children are offered opportunities to participate in this legal system, studies have found positive impacts to both the children and the judicial system. The overwhelming majority of these studies were conducted in countries that have ratified the United Nations Convention on the Rights of the Child; the United States is not one of those countries. As such, facilitating children's participation in the court process by encouraging judicial interviews is one way Arizona family law could better promote children's best interests and well-being. What began as a quest for research on how judicial interviews affected children emotionally and psychologically, has evolved into a critical analysis of the family law framework as it exists in the United States—particularly, the State of Arizona. Through a detailed presentation of Arizona family law, this papers demonstrates the court's focus on parents' rights—often in the absence of children's rights. An exploration of the ways in which various philosophical and legal theories work to critique and expose the dominant power relationships in the family law structure follows. It is only through such deconstruction of this law that children's voices can be effectively reincorporated into the family law schema and their "best interests" properly considered.

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.

No abstract available.

No abstract available. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2008.

It is a worldwide phenomenon that, when mothers are imprisoned, their young children are allowed to accompany them. However, practices between different countries, and even within different prisons, vary greatly and there are arguments both for and against the incarceration of children with their mothers. Some argue that, without better alternative care options, these children benefit from the strong emotional attachment that develops because they spend so much time with their mothers. Others contend that prisons are not suitable environments for children to live and grow in. It is generally agreed that allowing young children to accompany their mothers in prison and separating them from their mothers, are both problematic. Most countries that allow young children to be incarcerated with their mothers set an upper age limit, after which time the child is removed. This reflects an assumption that from a certain age the adverse effects of a prison environment on the young child and its development outweigh the benefits of being with the mother. There is no empirical evidence on the optimum age of separation and it varies between countries. In South Africa, Section 20(1) of the Correctional Services Act 111 of 1998 (as amended by the Correctional Services Amendment Act 25 of 2008) determines that children may accompany their mothers in prison up until the age of two years, after which time they must be removed from the prison environment. For those children incarcerated with their mothers, this compulsory separation could constitute a violation of their right to family life. For these children there may come a stage when the issue of separation has to be dealt with, but it is at such times when a flexible approach to the age of separation is suggested. A flexible approach would require an individualised analysis of the child’s best interests. It is suggested that the potential for flexibility does exist in Section 20 of the Act. However, it is also submitted that since it is merely potential and not policy, prison authorities might have too much discretion in interpreting this section. This might result in a lack of uniform practices and some children might therefore be disadvantaged. The overall aim of this study is to critically examine the abovementioned piece of legislation in order to assess whether this approach is compatible with children’s rights and is in their best interests. / Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2012.

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.