This study examines the topic of the interaction of children’s rights, education rights and freedom of religion in South African schools from a legal perspective. It comprises of a discussion on the historical development of religion in South African schools; South Africa’s international obligations with regards to children’s rights, education rights and freedom of religion and the South African substantive law pertaining to children rights, education and freedom of religion as impacting on legal issues pertaining to religion in schools. The study utilises a desktop approach, which comprises of a wide range of legal and other literary sources, international instruments, statutes and case law on children’s rights, education rights and freedom of religion. Importantly, it highlights the integral connection between these aforementioned rights when dealing with issues pertaining to religion in schools. This thesis illustrates that much of the historical development of religion in schools took place without consideration of children’s rights, or more particularly, the best interests of the learners. Instead, (a particular brand of) religious beliefs were promoted in education above other religions and the well-being of school-children. Furthermore, despite the introduction of specific children’s rights into the Constitution, this thesis emphasises that the rights of children have still not been recognised sufficiently in education laws and policies. It is submitted that children’s rights have a paramount and practical role to play in matters pertaining to religion in South African schools. Consequently, it is recommended that children’s rights, more particularly the best interests of the child principle, should be expressly introduced into education legislation and policies. This will create legal obligations for school administrators and SGBs on the inclusion of children’s rights in religious exemption procedures. Furthermore, it is recommended that national guidelines on religious/cultural exemptions (which incorporate children’s rights) be developed which will set legal parameters for the handling of religious/cultural exemption procedures in schools. This thesis also argues against the interpretation that the right to establish private schools includes the right to require religious conformity from non-adherent learners by way of a complete waiver of their religious freedom. Despite the importance of respecting the right of religious communities to protect and preserve their faith in private schools, it is submitted that this right cannot be exercised without regard for the religious freedom, dignity and best interests of non-adherent children. As a result, it is submitted that the waiver of the freedom of religion of non-adherent children is not consistent with the values which South African society reveres and therefore cannot be enforced. This thesis suggests that there is a way for the rights of private schools and the rights of non-adherent children to co-exist in harmony through the application of the reasonable accommodation principle in private schools. Reasonable accommodation of different faiths teaches religious tolerance to leaners in private schools and ensures that they are prepared to grapple with the religious diversity that they will inevitably face outside of the school environment. It is submitted that the enforcement of reasonable accommodation in private schools is to the benefit of all learners in private schools and to South African society in general. Moreover, this study questions and analyses the state’s provision of compulsory religion education in public schools through the National Policy on Religion and Education. A theoretical distinction is made between religion education and religious instruction in the National Policy itself. Religious instruction refers to the teaching of specific religious beliefs. Religion education refers to the teaching about different religions and worldviews from an academic perspective. It is submitted that the National Policy is correct in removing religious instruction from public schools as this would not be in accordance with freedom of religion or equality rights of learners who are not of the majority faith. It is submitted further that, although the provision of compulsory religion education in public schools impacts upon the freedom of religion of learners and their parents, (if taught correctly) it is a reasonable and justifiable limitation on freedom of religion in that it pursues the legitimate state goal of nation-building through the teaching of religious tolerance and “celebrating diversity” in schools. In light of South Africa’s history of religious discrimination, it must be recognised that the current position (although not problem- free) is a significant step forward in the protection of minority religious rights in South African schools. Despite this, it is submitted that there are numerous problems with the implementation of the National Policy that impact upon the dignity, equality and other rights of the learners concerned. These problems cannot be ignored since they impact upon the daily lives of school children. However, many of these problems can be minimised through more effective teacher training in this subject area. Accordingly, this thesis recommends that the current position be maintained as an acceptable compromise between the two extremes of providing religious instruction in one faith and removing religion education from public schools altogether. However, it emphasises that the state has to make a concerted effort to improve teacher training in this subject area in order to ensure that the objectives of the National Policy are carried out as envisaged. Furthermore, this thesis finds that certain provisions of the National Policy contain not only educational goals, but spiritual goals. Also in some instances, it is difficult to determine whether the religion education curriculum borders on being religious or not. In accordance with freedom of religion, it is submitted that the line between religion education and religious instruction must be clearly drawn in law and in practice. Consequently, the state must reconsider the National Policy and the corresponding religion education curriculum to ensure that they are aligned with the objectives of nation-building in all respects, meaning that any provisions or learning outcomes which have purely spiritual goals- must be amended or removed.

This thesis is concerned with two central questions. The first is theoretical and asks, "Can a direct appeal be made to the foundational principles of liberalism to support collective rights?" The second question is practical and asks: "Would such a defense serve the interests of contemporary Canadian Aboriginal claims to special constitutionally recognized collective rights known as the Aboriginal Right?" I utilize Will Kymlicka's defense of minority rights as the theoretical framework in assessing this first question and in assessing the latter, I refer to various reported Aboriginal conceptions of the so-called Aboriginal Right which have been formalized by Aboriginal people themselves through constitutional addresses, Royal Commission hearings, discussion papers and legal claims. Part I of the thesis involves an enquiry into the nature of the revisions that Kymlicka proposes to make to liberal theory, and asks whether, in making such changes, he is able to retain identification with the so-called "modern" liberals, with whom Kymlicka identifies himself, and consistently defend the kind of group minority rights of the sort actually being claimed in Canadian society today. I conclude that Kymlicka argument fails in two respects: it fails to do the work required of it by modern liberals and it ultimately fails to do the work required by the standards of Kymlicka own theory. In Part II, I argue that even if it were theoretically possible to protect the good of culture in the way that Kymlicka hopes, such a defense of collective rights fails in the most important respect: that is, it cannot do the work required of it by the Aboriginal people for whom it was designed. / Arts, Faculty of / Philosophy, Department of / Graduate

The move towards a more multidisciplinary approach to the delivery of child protection services in British Columbia raises concerns about the sharing of confidential case material. Factors associated with the information-sharing practices of social workers with law enforcement agencies were examined in this research. This descriptive study involved surveying forty-one intake child protection social workers employed by the Ministry for Children and Families in Vancouver and Coquitlam, using questionnaires. Knowledge of existing legislation, methods of accessing and sharing information with police, and attitudes about police involvement were examined, as well as workers' experience and participation in training. The analysis identified both contributors and obstacles to effective information-sharing and collaboration between social workers and police officers. Informal methods of accessing information were shown to be the most highly used and successful, but the lack of understanding of legislation and of each other's roles interfered with collaborative practice. The results of this research will be of assistance in future training, as well as the development of interagency protocols. / Arts, Faculty of / Social Work, School of / Graduate

In recent years, the enforcement of Canadian human rights statutes has been the subject of much criticism. That criticism comes not only from organizations that are required to change their practices to comply with the statutes, but from advocates who question the effectiveness of human rights enforcement. Studies which attempt to address these criticisms generally review the criticisms and then seek to modify the enforcement models to ameliorate the problems which have generated the criticism. This thesis considers the problem from a more theoretical perspective. With a focus on disability, this thesis considers whether Canadian anti-discrimination statutes, which were created when the prevailing theory of equality was a formal one, are capable of achieving substantive equality as it is now conceived. Applying a disability rights perspective, substantive equality for people with disabilities requires that a wide and complex variety of barriers be removed. These barriers may result from intended or unintended discrimination. They may be physical or attitudinal. They may be isolated, individual acts or they may reflect widespread societal norms. To eliminate such an array of barriers, anti-discrimination statutes must include a range of powers and procedures: they must incorporate provisions that protect people with disabilities from such barriers; they must provide mechanisms to identify the barriers; there must be mechanisms to determine whether the barriers contravene the protected right; and the statutes must provide effective remedies. This thesis concludes that contemporary human rights enforcement models are capable of effectively addressing many individual barriers to equality for people with disabilities. However, under a complaint-based model, human rights agencies cannot effectively address barriers that result from the operation of widespread norms. Canadian human rights agencies are therefore limited in their ability to achieve the societal transformation that is necessary to achieve substantive equality for people with disabilities. For such equality to be realized, anti-discrimination statutes must be seen as just one facet of a much broader approach. / Law, Peter A. Allard School of / Graduate

This thesis is concerned with the correctional treatment process for sex offenders, and the problems that criminal justice system authority poses for treatment settings. A particular focus is whether inmate participation in treatment programs is voluntary or coerced, given the link between programs and prospects of release. In examining this question, the author considers the results of an empirical project in which a group of inmates were interviewed about their perceptions of the correctional treatment process. Background to this project includes discussion of the doctrine of informed consent and respect for autonomy as its underlying rationale; discussion of the concepts of coercion and voluntariness; and examination of the development of rehabilitative ideals. A conclusion drawn from the discussion is that the presence of coercive authority may impact adversely upon correctional treatment efforts. Coercive authority creates difficulties in relation to the voluntariness of inmates' consent, the confidentiality of the treatment relationship, and the professional autonomy of the clinician. These problems in turn raise questions as to whether correctional programs retain the character of treatment, or are more properly considered as part of punishment, or as tools of social control. However, coercive authority is a necessary presence if correctional services are to work towards the goal of protection of society. The central question to be addressed therefore is whether the prospects of release can be used to motivate inmates for treatment in a way that is consistent with the requirement of voluntary consent to treatment. The results of the empirical project suggest that for the majority of inmates, the link between treatment and release is not coercive. However, a number of inmates did indicate they felt coerced into treatment programs. Reforms may thus be necessary to avoid coercive authority resulting in coerced treatment. In discussing these results, the author considers a number of directions for reform, including the introduction of an operational presumption of coerced referrals to treatment, which would place greater emphasis on clinicians' obligations to secure voluntary consent. / Law, Peter A. Allard School of / Graduate

This dissertation analyzed Texas appellate court decisions relating to whether educators' actions were incident to or within the scope of duties and involved the exercise of judgment or discretion in cases involving defamation, motor vehicle exceptions, and excessive force in discipline exceptions. The questions addressed were: (1) How have the Texas appellate courts interpreted Texas Education Code Section 22.051 in litigation against teachers and school administrators for defamation? (2) How have the Texas appellate courts interpreted Texas Education Code Section 22.051 in litigation against teachers and school administrators for injury to students when plaintiffs have sued Texas educator under the motor vehicle exception to the educator immunity law? (3) How have the Texas appellate courts interpreted Texas Education Code Section 22.051 in litigation against teachers and school administrators under the excessive force in discipline exception to the educator immunity law? This dissertation utilized legal research as its methodology. Chapter 3 examines literature with regard to qualified immunity for Texas public school professional employees and discusses the limitations placed upon qualified immunity. Chapter 4 is a comprehensive study of the cases decided by Texas courts involving alleged defamation of students or others by teachers and school administrators. Chapter 5 is a comprehensive study of the cases decided by Texas courts involving the alleged negligent use of motor vehicles by professional public school employees. Chapter 6 is a comprehensive study of the cases decided by Texas courts involving the alleged use of excessive force in disciplining students. Chapter 7 discusses the findings of the analysis of cases as well as the implied limitations regarding qualified immunity of teachers and school administrators.

Life without parole for juvenile offenders is a controversial issue across the globe. Recently, the United States stands alone as the only country in the world that allows juvenile offenders to be sentenced to life time confinement without the possibility of parole. Furthermore, the U.S. has seen an increase in juvenile waivers and blended sentences, which has resulted in harsher penalties for juvenile offenders who have committed serious and violent crimes. This analysis examines scientific evidence that shows juveniles are different from adults in terms of brain development, rational decision making abilities, and maturity levels. These findings have questioned the reasoning behind imposing adult punishment on adolescent behavior. This analysis also presents the legal arguments suggesting that juvenile life without parole is unconstitutional and violates the Eighth and Fourteenth Amendments. Arguments for and against life sentences were also presented. This study concludes with a discussion of policy implications, whether the U.S. Supreme Court should abolish juvenile life without parole sentencing practices and explores the possible future direction of juvenile sentencing in the United States.

This thesis engages in a semioethic analysis of the English text of international human rights treaties to assess whether the provisions as formulated clearly identify the girl child and take into account her unique condition. Its hypothesis is that the terminology employed to define the girl child and phrase her rights is insufficient to ensure her protection. The thesis firstly explores the unique status of the girl child as a female and a child, and the obstacles she faces in exercising her rights as a result of sexism, childism, and interactive intersectional discrimination. It also presents the semiotics theory, the Meaning Triad developed by Victoria Lady Welby, which allows for an analysis of the sense, meaning and significance of terminology, and the semioethic approach, which studies the import of signs for the purpose of improving the human condition. The thesis explains how intersectionality theory and semioethics shall be applied as methodologies to examine the content of international treaties as concerns the girl child. Secondly, the thesis explores the status of the girl child under international law. It examines the gradual recognition of the girl child in the international legal apparatus and the definition of the girl child in international law and the English language. Thirdly, the thesis analyses the right to life of the girl child as a case study to investigate whether its formulation under international law sufficiently tackles three key violations experienced by girl children: prenatal sex selection, female infanticide, and feminicide of adolescent girls. The thesis focuses on the two main treaties pertaining to the girl child, the CRC and the CEDAW, and a central treaty protecting the right to life, the ICCPR. At the end of each chapter, recommendations are provided, where applicable, to modify the wording of relevant provisions in order to strengthen the protection of the girl child.

Please read the abstract in the section 00front of this document / Thesis (PhD (Education Management))--University of Pretoria, 2002. / Education Management and Policy Studies / unrestricted

Africa reportedly has the highest incidence of child labour in the world. To respond to this problem, some scholars recommend an outright ban on child labour through legislation. In this regard, most African countries, including South Africa (SA), have enacted legislation directed at banning child labour. However, legislation directed at banning child labour may impact negatively on certain fundamental rights of children. This is because child labour is sometimes a source of income for many children who may themselves have ‘dependants’. For instance, for children in desperate need, adherence to laws which have the effect of depriving them of basic necessities including food, housing and water is unrealistic, inadequate and totally ineffective. A notable example is with regard to orphaned children. Taking such children out of employment is counter-productive as they are left with no means of survival. On the other hand, though child labour contributes to the survival of many children and their families in Africa, it impacts negatively on fundamental rights of children. Some of these rights include the right to education, health, leisure, among others. Therefore, regardless of the circumstances that compel children to engage in child labour, it remains a problem that needs to be addressed through appropriate approaches. This study stresses that the approaches adopted need to be cognizant of the diverse circumstances under which children engage in child labour. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2011. / http://www.chr.up.ac.za/ / nf2012 / Centre for Human Rights / LLM