It can be argued that the definition of a child as a human being below the age of 18 years is a western construct due to the fact that in Africa the duration of childhood is much shorter than that of the West. Thus, in some African societies childhood ends at the age of 14 or 16 depending on the cultural implications in that society. It must be pointed out here that there is no universal definition of childhood due to the fact that the definition of a child is culture specific. Having laid down the differences in the definition of childhood between Africa and the West, it is necessary to discuss the concept of children’s rights. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2010. / A dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Angelo Mutusse of the Centre of Human Rights, Faculty of Law, Eduardo Mondlane University, Maputo, Mozambique. 2010. / http://www.chr.up.ac.za/ / Centre for Human Rights / LLM

Doctor Legum - LLD / The issue of child motherhood remains a key challenge, especially in developing countries such as Zimbabwe. Despite bearing the worst of its effects, Zimbabwe looks largely to have fallen short of answers to solve this problem. The focus has been on legal solutions to prevent and ban child marriages, which leaves the plight of child mothers and/or motherhood often forgotten. Interestingly, the 2016 landmark case of Mudzuru and another v Minister of Justice, Legal and Parliamentary Affairs which declared child marriages illegal serves as an eye opener to the challenges of how to legally protect child mothers in Zimbabwe. Though dealing with child marriages, the importance of the case is the fact that child marriages are the major contributor of adolescent motherhood in that married girls become predominantly child-bearers. According to provincial statistics in Zimbabwe, Manicaland and Mashonaland Central provinces have the highest number of child mothers averaging 27 and 30 per cent, respectively. The Zimbabwe Demographic and Health Survey reported that nine out of 10 teens aged 15 to 19 are sexually active, and two out three first have had sex before the age of 15. Therefore, girls are at risk of becoming child mothers, without necessarily being married. Consequently, the need to protect girls from early motherhood, and give effect to the rights of girls who are already child mothers becomes a pressing issue. Zimbabwe has made several international commitments to the realisation of children’s rights. It is a signatory to the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child, which contain provisions that protect girls against child motherhood and the rights of child mothers. In 2013, Zimbabwe adopted a new Constitution. It espouses a regime of justiciable children’s rights. It has also promulgated subsidiary laws that are also relevant to children’s rights. Therefore, the main purpose of this study is to critically analyse legal and policy measures towards the protection of girls against child motherhood and the rights of child mothers in Zimbabwe.

Children’s rights to participate in decision-making in matters which impact them directly, is a topic leading to increased research since the 1990s. Today, most countries, including South Africa, have included the right of children to participate and to be heard, in their legislation. In reality, however, there is still a big gap in the implementation of children’s right to participation. Home schooling as an alternative to mainstream schooling has also gained momentum in South Africa with an estimated 50 000 – 75 000 children being home schooled. When children are home schooled, the families spend more time together than children who spend 6-8 hours per day attending a local school. Decisions with regard to curriculum, subjects and social interaction which would normally be the responsibility of the school, now become the responsibility of the parents. Children in the adolescent life phase have an increasing need to gain independence from their parents. In the home school context, the fact that the parents are also the teachers, could lead to increased frustration and conflict between adolescents and parents. In this context it would therefore be important that the adolescents should be allowed to participate in decisions pertaining to their schooling. This study focused on exploring adolescents’ participation in decision-making in the home schooling context. This research is important as little is known about the perceptions of adolescents and their parents about participation in the home schooling context. The research took place in the Western Cape. Eight families, which consisted of 21 participants, were involved in the study. Data saturation determined the sample size. The participants were selected from specific home schooling forums and had to reside in the Western Cape. Semi-structured interviews were held with all the participants and an interview guide was used for consistency. Different themes were identified by using thematic analysis. The study found that families have different views about the adolescents’ role in participation. It varied from adolescents who were allowed to initiate change to adolescents not allowed to participate in decisions at all. In the families where the adolescents were allowed limited or no participation in decision-making, the adolescents indicated that they understood that their parents had their best interest at heart, although they felt that they (the adolescents) would welcome a bigger say. It is recommended that home schooling families be made aware of the need of their adolescent children to be allowed to participate more in decision-making in the home schooling context on all levels, ranging from educational matters to social interaction. / MSW, North-West University, Potchefstroom Campus, 2015

Children’s rights to participate in decision-making in matters which impact them directly, is a topic leading to increased research since the 1990s. Today, most countries, including South Africa, have included the right of children to participate and to be heard, in their legislation. In reality, however, there is still a big gap in the implementation of children’s right to participation. Home schooling as an alternative to mainstream schooling has also gained momentum in South Africa with an estimated 50 000 – 75 000 children being home schooled. When children are home schooled, the families spend more time together than children who spend 6-8 hours per day attending a local school. Decisions with regard to curriculum, subjects and social interaction which would normally be the responsibility of the school, now become the responsibility of the parents. Children in the adolescent life phase have an increasing need to gain independence from their parents. In the home school context, the fact that the parents are also the teachers, could lead to increased frustration and conflict between adolescents and parents. In this context it would therefore be important that the adolescents should be allowed to participate in decisions pertaining to their schooling. This study focused on exploring adolescents’ participation in decision-making in the home schooling context. This research is important as little is known about the perceptions of adolescents and their parents about participation in the home schooling context. The research took place in the Western Cape. Eight families, which consisted of 21 participants, were involved in the study. Data saturation determined the sample size. The participants were selected from specific home schooling forums and had to reside in the Western Cape. Semi-structured interviews were held with all the participants and an interview guide was used for consistency. Different themes were identified by using thematic analysis. The study found that families have different views about the adolescents’ role in participation. It varied from adolescents who were allowed to initiate change to adolescents not allowed to participate in decisions at all. In the families where the adolescents were allowed limited or no participation in decision-making, the adolescents indicated that they understood that their parents had their best interest at heart, although they felt that they (the adolescents) would welcome a bigger say. It is recommended that home schooling families be made aware of the need of their adolescent children to be allowed to participate more in decision-making in the home schooling context on all levels, ranging from educational matters to social interaction. / MSW, North-West University, Potchefstroom Campus, 2015

Much research has been done within the field of Education on how to integrate Human Rights in education, both as a class subject and as a value system. Similarly, the research field of Education also contains many discussions of how “critical thinking” is taught and what its role in education is and should be. This thesis instead approaches the topic from “the other way round” so to speak, by using a “human rights lens” to explore ethical and political views on the goals of education generally and the role of critical thinking in education particularly, as they appear within a particular educational context – Rwanda’s education system. The philosophy of education of utilitarianism and that of Martha Nussbaum’s Capability Approach are here compared and contrasted with each other and act as a theoretical framework for understanding the Rwandan education system as it appears through the reading of policy documents and through the experience of a selected group of Rwandan primary and secondary school students. The thesis argues that an ethically acceptable and stable philosophy of education should spring from a conception of human beings as ends and not means. Starting with such a conception of human beings, the goal of education becomes that of developing each individual’s capabilities to their fullest potential. Additionally, the thesis argues that the role of critical thinking in education should be regarded as central, as the capability for critical thinking enhances the flourishing of other human capabilities.

Corporal punishment is a worldwide problem. The purpose withthis thesis is to promote a constructive discussion about the problem andconnect this to children’s rights. This gives the possibility to start adiscussion about suggestions and measures to reduce the problem. Thetheory is that corporal punishment is used as a disciplinary method tochange behavior. Children’s rights is regulated by conventions and nationallaws. The method is to conduct an analysis with interpretations andcommentaries of the research materials from South Africa and Sweden.The conclusion is that those who are positive to corporal punishment thinksit is an efficient working method, and it is about children’s safety. Thosewho are negative have experienced that alternative methods works. Asuggestion is to involve children in the work with children’s rights andeducate them in human and children’s rights with focus on obligations andresponsibility.

The aim of the study was to explore the democratic mission of the preschool as expressed in the preschool teachers’ talk and practical work and also through the children’s actions. The goal was to acquire new knowledge about how the democratic mission is carried out in preschool practice and what democratic subjects are supported and developed by the preschool teachers. Field studies were carried out between 2008 and 2010, with a concentration in spring 2009. The study included 5 preschool teachers and 20 children aged 3-6. Observations were made during the teachers’ planning meetings, when they worked with the children and when the children were playing or acting on their own. Two focus group interviews with the preschool teachers were also carried out, and local documents, for example work plans and evaluations, were analyzed. The results indicate that there has been a shift in view from group orientation in the preschool to greater focus on the individual child. In the analysis of the democratic subjects it was clear that much of what happens in the preschool is focused on individual children rather than the children as a group. In summary, preschool teachers speak of the democratic mandate as important but difficult to implement in their daily work. Children’s influence and participation are set up as goals in the work plan, but the preschool teachers do not feel they come to fruition in the pedagogical practice. Still, they define and condition children’s influence and they do work at the task, seemingly unconsciously, in practice. For their part, the children often seize opportunities when they arise but they also create their own. They take initiative and present ideas about what they want to do in preschool. It even turned out they had influence far beyond the preschool walls. / Förskolans demokratiuppdrag beskrivs som centralt och viktigt men hur omsätts det i praktiken? Hur ser förskollärarna på det de förväntas göra, hur arbetar de med detta i förskolans vardag och hur går det att förstå ur ett barnperspektiv? Observationer har genomförts på en förskoleavdelning med barn i åldern 3-5 år. Förskollärarna har intervjuats och förskolans olika dokument har analyserats. Syftet var att undersöka förskolans demokratiuppdrag så som det kommer till uttryck genom förskollärares tal och handlingar och genom barns agerande i förskolans verksamhet. Resultaten visar att förskollärarna framförallt förstår demokratiuppdrag i förskolan som en fråga om barns möjligheter till inflytande- ett villkorat inflytande. Barnen tar, inom ramen för de villkor som ställs upp, vara på de möjligheter till inflytande som ges. Bland annat genom att ta egna initiativ, göra motstånd under planerade aktiviteter och utmana de regler som finns på förskolan. Analysen visar också att förskollärarna har en komplex syn på det demokratiska subjekt som eftersträvas. Det ses som individualistiskt ur vissa aspekter, barnen ska kunna stå för sina egna åsikter, det ses som socialt, barnen ska lära sig att lyssna på andra, och det ses också som politiskt, barnen ska kunna vara med och påverka verksamheten genom att själva handla. Som ett didaktiskt bidrag presenteras en ny analysmodell; Institutionella demokratihändelser.

Magister Legum - LLM / This paper reports on the findings of a study on the importance of documentation for unaccompanied separated migrant children on South African soil. The objectives of the study is to identify what the international and national laws and policies state about protecting children’s rights, particularly, their socio-economic rights, in the context of irregular migration. Their rights to have legal documentation, their right to education as well as health care, among others. Most importantly, the paper attempts to gain an understanding of the role and obligations of South African stakeholders in terms of the requirements of documentation and the implementation of the relevant laws and policies. To understand what the relevant stakeholders such as NGO’s, DE, Health, DSD and DHA do to protect USMC’s socio-economic rights. Their right to documentation, their right to education, to health care, to the justice system and child protection systems.

Magister Legum - LLM / Euthanasia is controversial topic that attracts conversations on grounds of fundamental human rights and freedoms. The opinions of legal scholars are inconsistent because while some view euthanasia as a gross violation of one’s human rights, others argue that it should be regarded as a fundamental human right. Extending the ‘right to die’ to children is more controversial because they are considered to be a vulnerable demographic and generally presumed to be legally incompetent to exercise their rights autonomously. The State aims to protect children by restricting their rights rather than enhancing their autonomy and including them in the discussion. To that end, children are often excluded from decision-making on the understanding that they are legally incompetent and cannot comprehend the consequences of their decisions.

This thesis aims to examine the role of children as agents of change in an urgent climate context. This thesis uses a normative method with an argumentative structure. The material is mainly based on secondary sources, with predominantly emphasis on the interests, concerns and rights of the child, their agency and intergenerational justice. This thesis argues for a shift in the perception of the child from helpless victims of climate change to active agents. With the use of intergenerational justice theory and children’s agency into the discourse of childhood studies and environmental studies, this thesis suggests that a updated perception on the role of children in the climate change context is needed to account for children’s right to participation and for the survival of the environment and the future of mankind. The thesis concludes that this issue is a matter of rights, future life, and justice.