Strategic litigation for the achievement of education rights for pregnant learners in Africa has emerged at both national and regional level in recent years. While it is important that the narrative shaped by these cases reflect a child-rights approach, informed by sufficient child participation and consideration of their views, a child-rights approach is not always followed, nor is the content of such an approach sufficiently explored in the literature. This study explores the theoretical content of a child-rights compliant approach to litigation as well as its application in African cases, and the effect that this approach or lack thereof has on children’s long-term enjoyment of their rights. The main question the research seeks to answer is whether strategic litigation on pregnant learners in Africa has effectively applied a child-rights compliant approach. In order to answer that question the scope and content of, and the normative basis for, a child-rights compliant approach to strategic litigation is explored. The research seeks to answer whether the cases before the African human rights system’s judicial bodies are compliant with such an approach. The main research question is complemented by secondary questions: What is the effect of a child-rights approach to impact litigation on access to education for pregnant learners in Africa, and what can future litigators do to improve child-rights compliance to litigation? The study reveals that the essential tenets of a child-rights approach consist of four crucial elements, namely a basis in conception of childhood as agentic as opposed to protectionist; procedural child-friendly access to justice; child participation through being heard and by being parties to a case; and rootedness in a child inclusive social movement. It concludes by making recommendations to various stakeholders towards improved implementation of a child-rights approach in strategic litigation. / 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
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:up/oai:repository.up.ac.za:2263/82801 |
| Date | January 2021 |
| Creators | Muller, Liesl Heila |
| Contributors | Akonumbo, Atangcho, mullerliesl@gmail.com, Skelton, Ann, 1961- |
| Publisher | University of Pretoria |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Mini Dissertation |
| Rights | © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
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