Magister Legum - LLM

Rights and responsibilities are enshrined in the Constitution of the Republic of South Africa. These rights are the basic rights of every human being. This study focuses on the rights and responsibilities of Grade 3 learners across diverse school settings; I identified five significant aims. The main aim of this research was to use the findings gained to assist and guide educators and all adults working with children in all school contexts and in all grade levels to transform education related to rights and responsibilities to empower children. The aim of the study was to understand the experiences of Grade 3 learners regarding their rights and responsibilities across diverse settings. My objectives were firstly to investigate whether children were educated and informed about their rights and responsibilities as child citizens. Secondly, to explore possible gaps in the knowledge of children’s experience and understanding of their rights and responsibilities. Thirdly, to give children an opportunity to use their voices through participating in this study. Fourthly, to identify the similarities and differences through comparison of the of Grade 3 learners’ experiences of their rights and responsibilities across the three diverse school settings. The comparison of data sets highlighted challenges and gaps in children’s education and their experiences of rights and responsibilities. It enabled me to draw conclusions that assisted me in making recommendations to supplement and improve children’s understanding of their rights and responsibilities. I believe that the findings from my study contribute to the growing body of knowledge regarding rights and responsibilities education as a strong focus in the Life Skills programme – locally and globally _ and to improving the education of the young child. Through the comparison of the experiences of the participating children across the three school settings, similarities and differences arose that deepened insight into the main findings. The first finding is that education improves children’s understanding and experience of their rights and responsibilities. Secondly, basic needs have a substantial impact on children’s experience of their rights and responsibilities. Thirdly, the participating children understood that people have needs and rights, and that those rights must be acknowledged to ensure a good quality of life. I further found that children can be empowered through using their voices and in gaining positive experiences and understanding, which ultimately contributes to raising strong well-adjusted adults. This research was qualitative in nature using a multiple case study design. The themes and sub-themes that emerged from the data analysis of three diverse schools were then compared. Data gathering occurred through interviews, observation, documents, field notes and visual artefacts. The artefacts consisted of collages, drawings and writings made by the participating children and formed a large part of the data collection and analysis. Data collection took place in the Grade 3 classrooms and school venues made available by the diverse schools where data was collected. The ninety-six (n = 96) participating children contributed the data for this study and I analysed the data to understand how Grade 3 children understood their rights and responsibilities. Grade 3 learners were from three school settings where the participants had diverse backgrounds regarding language, capability, socio-economic circumstances, race, belief and religion. Children were typically between nine and ten years of age in Grade 3. An emerging conceptual framework created through combining existing theories was utilised for explaining children’s experiences of their rights and responsibilities across the diverse settings. The theories employed were the sociology of childhood, empowerment theory, Maslow’s hierarchy of needs and the framework is the arch of human rights. To empower young children with their rights and responsibilities, adults should listen, educate, communicate, and encourage decision making, accountability and responsibility so that young children will understand their rights and responsibilities as active citizens in their country. This would benefit children to modify and adjust the world they live in. / Thesis (PhD)--University of Pretoria, 2019. / Early Childhood Education / PhD / Unrestricted

Šiuolaikiniame pasaulyje teisių ir pareigų žinojimas ir supratimas yra atsakingos visuomenės požymis. Lietuvos Respublikos Švietimo įstatyme apie mokinio teises ir pareigas pabrėžiama, kad mokykloje turi būti sudaryta psichologiškai, dvasiškai ir fiziškai saugi aplinka, sąlygos grįstos savitarpio pagarba, mokslo vieta turi atitikti higienos reikalavimus ir būti tinkamai aprūpinta. Tam itin svarbu, kad mokinys suvoktų, jog jis yra unikali savo teises turinti asmenybė, kuri gyvena tarp kitų taip pat unikalių ir savo teises turinčių asmenybių. Tyrimo objektas – mokinių savo teisių ir pareigų mokykloje suvokimas. Tyrimo tikslas – atskleisti mokinių savo teisių ir pareigų mokykloje suvokimo ypatumus. Siekiant realizuoti tikslą, tyrimui buvo naudojama atviro tipo anketa mokiniams, sudaryta pedagoginės, psichologinės literatūros ir švietimą reglamentuojančių dokumentų analizės pagrindu. Informantai po kiekvieno atviro klausimo apie tai, kokios yra jų teisės ir pareigos pamokoje, popamokinėje veikloje mokykloje, bendraujant ir bendradarbiaujant su kitais bei mokyklos aplinkoje, į tuščias eilutes turėjo parašyti savo atsakymą. Tyrime dalyvavo 30 mokinių: 15 penktos klasės mokinių iš Šiaulių miesto pagrindinės mokyklos ir 15 devintos klasės mokinių iš Šiaulių miesto gimnazijos. Tyrimo rezultatai parodė, kad 5 klasės mokiniai savo teises mokykloje, ypatingai formalioje (mokymosi) veikloje, tapatina su pareigomis. Tokie rezultatai gali būti interpretuojami kaip jaunesniųjų klasių... [toliau žr. visą tekstą] / Knowledge and awareness of rights and duties in the modern world is a characteristic feature of responsible society. The law on education of the Republic of Lithuania about a pupil’s rights and duties emphasizes that the safe environment from psychological, moral and physical point of view should be created at school along with the conditions based on mutual respect as well as the place of education should conform to hygiene requirements and should be furnished accordingly. For this purpose it is very important that a pupil realises that he is a unique personality having his own rights who lives among other personalities, also having their own rights. Object of the research is the perception of pupils’ rights and duties at school. Aim of the research is to reveal the singularities related to the perception of pupils’ rights and duties at school. In other to achieve the aim, a questionnaire of an open type was provided to pupils formed on the grounds of the analysis of pedagogic, psychological literature and documents regulating education. After each question on what are their rights and duties during lessons, after school activities at school, when communicating and cooperating with others in the school environment, the informants had to write a relevant answer on the empty line. In total, 30 pupils took part in the research: 15 pupils at grade 5 from Šiauliai city basic school and 15 pupils at grade 9 from Šiauliai city gymnasium. Results of the research revealed that... [to full text]

The driving force for this study was firstly to gain insight into young children's understanding of their rights and responsibilities in democratic South Africa. Secondly, to identify whether the participating learners were educated about and had insight into their rights and responsibilities. Thirdly, I explored gaps in participating learners' knowledge of their rights and responsibilities and determined areas that can be improved by the education policy and practice related to children's rights. The main purpose of this research was to contribute to the growing body of knowledge and in so doing, improve the education of the young child in general. The aim of this research was to assist and guide educators and all adults working with children on all levels to transform education related to the rights and responsibility of the young child. Fourthly, I to give children a voice in society. Empowering them with knowledge could ultimately assist adults working with children to raise strong, well-adjusted learners through knowing and understanding their rights. It was imperative for this study that I closely listen to and heard the participant children's voices. Giving children the opportunity to be heard empowers them to be participating citizens rather than being passive and reliant on others. The right to be heard can be referred to as a self-improving or self-regulating right. Children are knowledgeable regarding their own lives and their rights to self-expression, citizenship and their sense to fit in. Being knowledgeable makes children experts in their life-world. This is why it is very important to know how the South African child understands his or her rights and responsibilities. South Africa became a democracy in 1994. The children in this study live in South Africa and were born into the democracy of South Africa. The participant children were accustomed to living in democratic South Africa and voiced their opinions contextually and accordingly. This research design is of a qualitative nature, utilising case study as a method and took place in the natural environment of the participants where data was collected. Multiple case studies were utilised and viewed from an interpretivist perspective. This enabled the researcher to provide a construct of young children's understanding of their rights and responsibilities in democratic South Africa. The research context was the school grounds as well as the classroom of the participants. Data concerning the understanding that young children have of their rights and responsibilities was gathered through observations, interviews, discussions, artefacts made by the participants, photographs taken by the participants, stories and narratives in the form of text written by the participants and analysed by the researcher. The analysis of visual artefacts was instrumental in gathering data for this study. Data gathering took place in a Grade 3 classroom. The 17 research participants for this study were selected via convenience sampling. I examined the data collected to find and discover young learners' perceptions of their rights and responsibilities. I chose an independent school where the participants had diverse backgrounds regarding language, ability, socio-economic background, race and religion. This independent school had a high standard of education. According to the UNCRC children's ages ranges from birth to 18 years of age. The general age of Grade 3 children is nine years. This is right in the centre of childhood and therefore considered it an appropriate age to obtain an understanding of what the child has come to know and understand as his or her rights and responsibilities. A conceptual framework was developed during this study for children's rights and responsibility. By combining the social constructivist theory, the three p's and the ladder of participation, it assisted me in understanding the phenomenon under study. My findings are that the participant children had a certain amount of insight and possessed promising potential in participating. However, misperceptions occur and inadequate knowledge disappoints children to participate at their full potential. Rights education is crucial, as it will assist our children to understand their rights more clearly in order to become future citizens that will have the ability to participate in democratic processes. / Dissertation (MEd)--University of Pretoria, 2016. / Early Childhood Education / MEd / Unrestricted

In 2006 the Kingdom of Saudi Arabia (KSA) introduced new legislation related to corporate governance (CG). Initial evaluation by the World Bank three years later showed relatively modest implementation of the regulations. This thesis investigates the extent to which this has been adopted over the past ten years. Saudi business has become more globalized, and a more standardised approach to CG is naturally expected by international partners and investors who must themselves justify investment. This research expands the existing literature on CG by examining the progress of countries with developing economies and relatively weak or new histories of regulated CG. This thesis explores the extent and form of the uptake of the newest generation of CG regulations, the existing roadblocks and the general current attitudes to corporate governance in KSA, examining the extent of KSA company compliance with KSA corporate governance regulations, the reasons for non-compliance when that exists, and any relevant deficits in the 2006 legislation with respect to international best practice. This is investigated through the use of a series of interviews and surveys with major Saudi organizations, as well as analysis of secondary information. The mixed method approach of quantitative and qualitative data analysis was selected as providing a means to generate both benchmarking data (i.e. quantitative) and further insight as to obstacles for further adoption (i.e. qualitative). As the basis for the investigation, questions are structured around four basic pillars of corporate governance: transparency; stakeholder value; responsibility; and fairness. This linkage of these factors with organisational structure, decision-making and the overall image of the firm within the industry is combined with an examination of how CG affects Saudi business expansion and investments, particularly in relation to how parties from other countries perceive the governance of a company. This perception of governance may condition their views concerning, for example, partnering with and investing in that company. The secondary data relates to The Saudi Arabian Monetary Agency (SAMA), Sanabil Investments and Saudi Arabia Basic Industries Corporation (SABIC). The qualitative data analysis was taken from interviews conducted from fifteen top managers of large-scale organisations. The quantitative data was collected from three organisations: Almarai, Saudi Aramco and Albaik. The overall results of the qualitative analysis and the secondary analysis showed that CG plays a vital role in business development. Quantitative analysis supported the idea that transparency, stakeholder value and corporate image are the main attributes of CG in a Saudi context, with statistical analysis indicating that both are essential to company access to private investment and market liquidity The overall findings indicate KSA’s need to improve its CG standards further, and taht whilst benchmarking of government-supported institutions such as SAMA and SABIC would be of assistance, the KSA government could play a pro-active role in encouraging businesses to expand best international corporate governance practices.

Many beginner educators leave the profession within the first three years following their appointment. The security of educators, and especially that of the beginner educator is threatened from many angles. Beginner educators experience this threat very intensely and this weakened feeling of security they experience, has important implications for their role as educators. There are, however, many legal determinants that protect educator security and oppose each threat directly. This research falls within the field of Education Law and the security of beginner-educators is studied from this angle. The study focuses on the protection of security as offered by law determinants and the real experience of threats by beginner educators. In the research, law determinants such as the Constitution, education law, labour law and case law, as protectors of security, were studied. Using a qualitative study the experience and perceptions of a selection of participants was analysed. The participants, from different types of schools in a certain geographical area, were identified. During the analysis two aspects emerged that influence security. The first aspect is the beginner educator‟s lack of knowledge of the mechanisms that protect security and the second aspect was beginner educators‟ real experience of threats. Beginner educators‟ lack of security is the result of their lack of knowledge of the mechanisms that protect security. The findings of this research propose that more emphasis is placed on the legal aspects concerning the protection of security of educators during their training and that beginner educators are empowered to face threats of security and overcome it. / MEd (Education Law), North-West University, Potchefstroom Campus, 2015

Many beginner educators leave the profession within the first three years following their appointment. The security of educators, and especially that of the beginner educator is threatened from many angles. Beginner educators experience this threat very intensely and this weakened feeling of security they experience, has important implications for their role as educators. There are, however, many legal determinants that protect educator security and oppose each threat directly. This research falls within the field of Education Law and the security of beginner-educators is studied from this angle. The study focuses on the protection of security as offered by law determinants and the real experience of threats by beginner educators. In the research, law determinants such as the Constitution, education law, labour law and case law, as protectors of security, were studied. Using a qualitative study the experience and perceptions of a selection of participants was analysed. The participants, from different types of schools in a certain geographical area, were identified. During the analysis two aspects emerged that influence security. The first aspect is the beginner educator‟s lack of knowledge of the mechanisms that protect security and the second aspect was beginner educators‟ real experience of threats. Beginner educators‟ lack of security is the result of their lack of knowledge of the mechanisms that protect security. The findings of this research propose that more emphasis is placed on the legal aspects concerning the protection of security of educators during their training and that beginner educators are empowered to face threats of security and overcome it. / MEd (Education Law), North-West University, Potchefstroom Campus, 2015

Šio darbo pagrindinis tikslas buvo išsiaiškinti, ar galimas toks atvejis, kad tėvų teisė parinkti vaiko vardą būtų ribojama. Atlikus analizę, buvo nustatyta, kad esama tokių atvejų, kai tėvai parinkdami vardus savo vaikams elgiasi neatsakingai ir neapgalvotai, taip pažeisdami vaiko interesus. Darbe buvo išsiaiškintos vaiko ir vardo sąvokos, apžvelgiant tiek bendrinį, tiek teisinį apibėžimus. Pabrėžtina, kad vardo sąvoka darbe buvo naudojama siaurąją prasme. Buvo keliamas ir teisės į vardą bei privatumo santykio klausimas, išskiriant, kad vaiko vardas yra jo tapatybės sudėtinė dalis, Buvo padaryta išvada, kad vaiko teisė į vardą yra glaudžiai susijusi su kitomis vaiko teisėmis, tarp tokių buvo minima vaiko teisė į individualybės išsaugojimą, teisė į sveiką vystymąsi, orumo užtikrinimą ir nediskriminaciją. Pasiremiant psichologų atliktais tyrimų duomenis, buvo atkreipiamas dėmesys, kad asmens vardas yra gerokai daugiau nei skiriamasis ženklas, padedantis atskirti vienus žmones nuo kitų. Buvo pastebėta, kad vardo įtaką vaiko gyvenime yra matoma nuo tada, kai tik jis pradeda suprasti savo vardo skambesio prasmę. Darbe buvo iškeltas klausimas ar teisės į vardą ribojimas nepažeistų tėvų interesų, žvelgiant iš privataus šeimos gyvenimo perspektyvos. Tačiau buvo nustatyta, kad tai, jog valstybėje yra tam tikras teisinis reguliavimas dėl vardų registravimo tvarkos, dar nereiškia jog taip savaime pažeidžiama šeimos teisė į privatumą. Atlikus teisės aktų analizę, buvo pastebėta, kad... [toliau žr. visą tekstą] / The aim of this thesis is to investigate whether the parents’ right to choose a child’s name can be restricted. The subject is relevant and this is justified by reviews of legal regulations and case law of different countries. The analysis shows that there are some cases when parents irresponsibly choose names for their children, thus violating child’s interests. In order to answer this problematic question, it is important to clarify the concepts of a child and a name considering both general and legal definitions. In this paper, a child is a special entity for whose proper fulfillment of rights a special protection is provided. The thesis also assesses the functions of legal regulations taking into account whether the legal norms that regulate name registration process means that the country ensures and respects child’s rights. It is emphasized that the concept of name is used in its narrow sense, excluding last name and nickname. Moreover, another relevant question of the thesis is the right to the name and privacy relation. It is emphasized that child’s name is the component of identity, therefore both child’s parents and the country have to ensure that child’s identity and relation with the family are preserved. This aspect is investigated referring to both European Court of Human Rights and judicial judgments of other countries. Only those questions that are related to the content of child’s right to the name are discussed in the practical part. After a review of the... [to full text]

The authority of parents within the parent child relationship has developed from the rigid potestas which the pater in Roman Law could legally exercise to the authority of both parents in Roman-Dutch Law. The relationship had always been based in the biological sphere while the guardianship of the fathers had always been stronger than that of the mother. The position had been altered statutoraly in the Guardianship Act to provide for guardianship for the mother to be equal to that of the father.Under pressure of Constutional norms and prescripts on the one hand and also because of dramatically changed circumstances on the other it has become imperative that the foundation of the relatiopship would be reconcidered to determine its appropriateness for modern circumstances. Parental responsibilities and rights agreements as well as parenting plans to establish such responsibilities and rights in situations where it does not pertain to a perticular parent or a person concerned consequently reflect new and progressive thinking with regard to the nature and content of the relationship. In addition it may be noted that these agreements and plans reflect an inclination on the side of the legislature to move away from expensive, cumbersome and aggresive litigation bt providing the opportunity to persons concerned to come to mutaully acceptable results. It is futher argued that these agreements and plans may be viewed as a first step for the establishment of Family Relationshiop Centres it has developed in Australian Law / LLM (Private Law), North-West University, Potchefstroom Campus, 2014

The authority of parents within the parent child relationship has developed from the rigid potestas which the pater in Roman Law could legally exercise to the authority of both parents in Roman-Dutch Law. The relationship had always been based in the biological sphere while the guardianship of the fathers had always been stronger than that of the mother. The position had been altered statutoraly in the Guardianship Act to provide for guardianship for the mother to be equal to that of the father.Under pressure of Constutional norms and prescripts on the one hand and also because of dramatically changed circumstances on the other it has become imperative that the foundation of the relatiopship would be reconcidered to determine its appropriateness for modern circumstances. Parental responsibilities and rights agreements as well as parenting plans to establish such responsibilities and rights in situations where it does not pertain to a perticular parent or a person concerned consequently reflect new and progressive thinking with regard to the nature and content of the relationship. In addition it may be noted that these agreements and plans reflect an inclination on the side of the legislature to move away from expensive, cumbersome and aggresive litigation bt providing the opportunity to persons concerned to come to mutaully acceptable results. It is futher argued that these agreements and plans may be viewed as a first step for the establishment of Family Relationshiop Centres it has developed in Australian Law / LLM (Private Law), North-West University, Potchefstroom Campus, 2014