Dissertations / Theses on the topic 'Adoption Law and legislation Victoria'
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1
Heenan, Melanie 1968. "Trial and error : rape, law reform and feminism." Monash University, School of Political and Social Inquiry, 2001. http://arrow.monash.edu.au/hdl/1959.1/9136.
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Bernelf, Fredrik. "Same-sex parental leave : Legislation and equality." Thesis, Umeå universitet, Juridiska institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-150591.
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Sweden is known to have one of the world's most generous parental insurances, both inlength and flexibility which has led to a high maternity rate and more women in paidwork. The political work on equality in Sweden has the goal that women and men shallhave the same power to shape society and their own lives. This has led to legislationaimed at getting fathers to stay more at home with their children. There has been plenty ofresearch on this subject so this study goes off the main track and looks at how legislationaround parenthood works for same-sex couples and if paternal leave is shared moreequally between same-sex parents than heterosexual parents. Discourse analysis of thelegislation and a survey with same-sex families followed by interviews indicate that samesexcouples share parental leave more equally than heterosexual couples. Legislationworks well for most same-sex families except for the process of related adoption. Reasonsfor more equal sharing of parental leave is hard to find but could depend on the fact thatsame-sex couples have been couples for a longer time, than heterosexual couples, beforedeciding to have children. Wage gap between men and women is a reason whyheterosexual couples do not share equally and it could be vice versa for same-sex couples.
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Hlophe, Stanley Siphiwe. "The adoption of an inquisitorial model of criminal procedure in court proceedings relating to children." Thesis, Nelson Mandela Metropolitan University, 2011. http://hdl.handle.net/10948/1570.
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In this project the adoption of an inquisitorial model of criminal procedure in court proceedings relating to children is discussed. The traditional characteristics of adversarial and inquisitorial models of criminal procedure, the two models in a South African perspective and problems with the adversarial model are highlighted. That it terrifies and silence young victim and witnesses from giving evidence. The inquisitorial elements present in South African criminal procedure such as in bail proceedings, plea proceedings, powers of the presiding officer to call, recall and examine witnesses, powers of the presiding officer to exclude inadmissible evidence, evidence on sentence, and investigation on unreasonable delay on trials are discussed. The international instruments pertaining to children in conflict with the law and child witnesses are examined, together with their impact in our laws relating to children. The constitutional implications to the rights of children are discussed. The historical background that culminated to the Child Justice Act is highlighted. The Child Justice Act with particular reference to the inquisitorial aspects present in this Act is discussed. The measures that aim to protect child witness present in the Criminal Procedure Act, Criminal law Sexual offences and Related Matters Amendment Act and Children’s Act are highlighted. The conclusion, on the analysis of protective measures protecting children, is that in South African law there is a renewed interest in inquisitorial procedures as an effective means of ensuring justice. The conclusion suggests that adversarial model of criminal procedure is not the best method for our legal system to deal with children.
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Vinci, Karen K. "All state adoption laws should be mandated at the federal level." Honors in the Major Thesis, University of Central Florida, 2003. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/333.
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This item is only available in print in the UCF Libraries. If this is your Honors Thesis, you can help us make it available online for use by researchers around the world by following the instructions on the distribution consent form at http://library.ucf.edu/Systems/DigitalInitiatives/DigitalCollections/InternetDistributionConsentAgreementForm.pdf You may also contact the project coordinator, Kerri Bottorff, at kerri.bottorff@ucf.edu for more information.Bachelors
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Bruwer, Esna. "Multikulturele aanneming : 'n maatskaplike werk perspektief." Thesis, Stellenbosch : Stellenbosch University, 2003. http://hdl.handle.net/10019.1/53507.
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Thesis (MA)--Stellenbosch University, 2003.Some digitised pages may appear illegible due to the condition of the original hard copy.
ENGLISH ABSTRACT: Multicultural adoption became a reality in South Africa in 1994, after the abolition of the apartheid legislation. This is therefore a relatively new and unfamiliar terrain for those social workers that specialise in adoption. A gap was identified with regard to a sufficient theoretical foundation and the absence of guidelines regarding this phenomenon in South Africa. This study was undertaken in an attempt to address this shortcoming and in order to gain more direction and clarity regarding multicultural adoption. Through a literature study an attempt was made to determine how legislation on adoption in South Africa is interpreted as well as to establish the role played by the social worker during adoption. A historical overview of adoption in South Africa is discussed as well as the current legislation that relates to multicultural adoption. With reference to the purpose of the research, the literature study also focused on a practice perspective, multicultural intervention and theories that are applicable. Furthermore the profile of parents that adopt children of another culture and the motives surrounding this, were examined during the literature study. An exploratory study was undertaken to establish the needs of parents who adopt children of another culture as well as to determine the cultural skills that social workers require in order to successfully facilitate multicultural adoptions. The ultimate purpose of the study was to formulate guidelines for social workers for multicultural adoptions. The empirical study was aimed at parents that have already adopted children of another culture and was limited to the Western Cape. The results of the empirical study confirmed the researcher's supposition that social workers should master multicultural skills in order to successfully facilitate multicultural adoptions and that a cultural awareness is imperative. Based on the study and the results, recommendations for a policy framework with regard to multicultural adoptions was formulated and guidelines and proposals for the implementation of multicultural intervention and adoption were laid down. The recommendations of this study can be used by all social workers and parents that are involved in multicultural adoptions and also by other welfare organisations and social workers.
AFRIKAANSE OPSOMMING: Multikulturele aanneming het in 1994, na die afskaffing van apartheidswetgewing, 'n werklikheid in Suid-Afrika geword. Hierdie is dus 'n redelik nuwe en onbekende terrein vir maatskaplike werkers wat in aanneming spesialiseer. 'n Leemte ten opsigte van voldoende teoretiese fundering en afwesigheid van riglyne rakende hierdie verskynsel in Suid-Afrika, is geïdentifiseer. In 'n poging om hierdie leemte aan te spreek en meer rigting en duidelikheid oor multikulturele aanneming te verkry, is hierdie ondersoek onderneem. Met die literatuurstudie is gepoog om die interpretering van wetgewing oor aanneming in Suid-Afrika te bepaal en ook die rol wat die maatskaplike werker tydens aanneming speel, vas te stel. 'n Historiese oorsig van aanneming in Suid-Afrika is bespreek en ook die huidige wetgewing wat met multikulturele aanneming verband hou. In aansluiting by die doel van die navorsing is daar ook tydens die literatuurondersoek gefokus op 'n praktykperspektief, multikulturele intervensie en teorieë wat van toepassing is. Voorts is die profiel van ouers wat kinders vanuit 'n ander kultuur aanneem en ook die motiewe daarrondom, tydens die literatuurstudie ondersoek. 'n Verkennende studie is onderneem om die behoeftes van ouers wat kinders vanuit 'n ander kultuur aanneem vas te stel, asook om te bepaal watter vaardighede vir multikulturele-intervensie maatskaplike werkers nodig het om multikulturele aannemings suksesvol te fasiliteer. Die uiteindelike doel van die ondersoek was om riglyne vir maatskaplike werkers tydens multikulturele aannemings te formuleer. Die empiriese ondersoek was op ouers wat reeds kinders vanuit 'n ander kultuur aangeneem het gerig en beperk tot die Wes-Kaap. Die resultate van die empiriese ondersoek bevestig die navorser se aanname dat maatskaplike werkers vaardighede vir multikulturele-intervensie moet bemeester vir die fasilitering van suksesvolle multikulturele aannemings en dat 'n kulturele bewustheid onontbeerlik is. Op grond van die ondersoek en resultate, is aanbevelings vir 'n beleidsraamwerk ten opsigte van multikulturele aanneming geformuleer en riglyne en voorstelle vir sodanige uitvoering van multikulturele intervensie en aanneming neergelê. Die aanbevelings van hierdie ondersoek kan deur maatskaplike werkers en ouers wat betrokke is by multikulturele aannemings en deur ander welsynsorganisasies en maatskaplike werkers gebruik word.
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Johnstone, Richard. "The court and the factory the legal construction of occupational health and safety offences in Victoria." Thesis, University of Melbourne, 1994. https://minerva-access.unimelb.edu.au/handle/11343/35672.
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This thesis reports on an empirically based study of the manner in which Victorian Magistrates Courts constructed occupational health and safety (OHS) issues when hearing prosecutions for offences under the Industrial Safety, Health and Welfare Act 1981 (the ISHWA) and the Occupational Health and Safety Act 1985 (OHSA) from 1983 to 1991. These statutes established OHS standards for employers and other relevant parties. The State government enforced these standards through an OHS inspectorate which had a range of enforcement powers, including prosecution.
After outlining the historical development of Victoria’s OHS legislation, the magistracy’s historical role in its enforcement, and the development of an enforcement culture in which inspectors viewed prosecution as a last resort, the study shows how the key provisions of the ISHWA and OHSA required occupiers of workplaces and employers to provide and maintain safe systems of work, including the guarding of dangerous machinery. Using a wide range of empirical research methods and legal materials, it shows how the enforcement policies, procedures and practices of the inspectorate heavily slanted inspectors workplace investigations and hence prosecutions towards a restricted and often superficial, analysis of incidents (or “events”) most of which involved injuries on machinery. There was evidence, however, that after the establishment of the Central Investigation Unit in 1989 cases were more thoroughly investigated and prosecuted. From 1990 the majority of prosecutions were taken under the employer’s general duty provisions, and by 1991 there was evidence that prosecutions were focusing on matters other than machinery guarding.
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李川川. "收養制度的現代立法理念及我國及收養成立的實質要件 = The concept of the modern legislation concerning the adoption system and the substance elements in China's adoption rules." Thesis, University of Macau, 2009. http://umaclib3.umac.mo/record=b2120091.
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Skolmen, Dayne Edward. "Protection of personal information in the South African cloud computing environment: a framework for cloud computing adoption." Thesis, Nelson Mandela Metropolitan University, 2016. http://hdl.handle.net/10948/12747.
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Cloud Computing has advanced to the point where it may be considered an attractive proposition for an increasing number of South African organisations, yet the adoption of Cloud Computing in South Africa remains relatively low. Many organisations have been hesitant to adopt Cloud solutions owing to a variety of inhibiting factors and concerns that have created mistrust in Cloud Computing. One of the top concerns identified is security within the Cloud Computing environment. The approaching commencement of new data protection legislation in South Africa, known as the Protection of Personal Information Act (POPI), may provide an ideal opportunity to address the information security-related inhibiting factors and foster a trust relationship between potential Cloud users and Cloud providers. POPI applies to anyone who processes personal information and regulates how they must handle, store and secure that information. POPI is considered to be beneficial to Cloud providers as it gives them the opportunity to build trust with potential Cloud users through achieving compliance and providing assurance. The aim of this dissertation is, therefore, to develop a framework for Cloud Computing adoption that will assist in mitigating the information security-related factors inhibiting Cloud adoption by fostering a trust relationship through compliance with the POPI Act. It is believed that such a framework would be useful to South African Cloud providers and could ultimately assist in the promotion of Cloud adoption in South Africa.
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Schäfer, Lawrence Ivan 1972. "The legal position of unmarried fathers in the adoption process after Fraser v Children's Court, Pretoria North, and others 1997 (2) SA 261 (CC) : towards a constitutionally-sound adoption statute." Thesis, Rhodes University, 1999. http://hdl.handle.net/10962/d1003209.
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The subject-matter of this thesis is the rule, previously contained in section 18(4)(d) of the Child Care Act 74 of 1983, in terms of which a mother could surrender her child born out of wedlock for adoption without the consent of its father. This section was struck down as unconstitutional by the Constitutional Court in Fraser v Children's Court, Pretoria North and others 1997 (2) SA 261 (CC), on the grounds that it violated an unmarried father’s constitutional rights to equality and non-discrimination. In the light of this judgment, this thesis seeks to articulate the constitutional parameters within which section 18(4)(d) must be amended. The requirements of Fraser are identified and discussed. Regard is also had to other constitutional rights upon which Fraser might have been decided; in particular, an unmarried father’s right to procedural fairness, and his child’s right to family or parental care. Case law from the United States, Canada, Ireland and the European Court of Human Rights is also discussed. The end product of this examination is an exposition of the various constitutional rights which vest in the father of a child born out of wedlock. A separate exposition is given of the distinct rights which vest in all children in the adoption process. The latter set of rights is drawn both from the Constitution of the Republic of South Africa Act 96 of 1996, and the United Nations Convention on the Rights of the Child. The thesis then proceeds to examine the Adoption Matters Amendment Act 56 of 1998, which was enacted in response to Fraser. The consent and notice provisions of adoption statutes in the United States, Canada, Australia, Ireland and England are also examined, and compared to the provisions of the Adoption Matters Amendment Act. The object, here, is two-fold: first, to consider the practical value of this Act; and second, to consider whether it satisfies the constitutional requirements identified earlier in this thesis. The thesis concludes with suggestions for the improvement of this Act.
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Barbosa, Ivânia Luiz Silva de Holanda. "A adoção por pares homossexuais : da possibilidade jurídica mediante tutela constitucional aos limites da realidade social." Universidade Federal de Alagoas, 2010. http://www.repositorio.ufal.br/handle/riufal/1285.
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This dissertation aims to analyze the legal possibility of adoption by homosexual couples based on constitutional principles. The social transformations resulted in a diversity of family entities that are constitutionally protected and also differ from the old patriarchal and patrimonial model. The pluralistic and socio-emotional current model shall perform the function of development of its members and affection becomes indispensable to characterize them. With the extent of family concept, the relationships formed by same-sex people receive legal protection through constitutional interpretation, considering the human dignity as a fundamental principle to be observed by all and also the guide to family relationships. The constitutional principles of the families rights, serve as the basis for granting the adoption by homosexual couples. It is important to emphasize the changes undergone within the adoption process which have led the socio-affectiveness as a predominant factor to be considered, therefore allowing children and adolescents who live together with homosexual family and have no legal relationship with the partner who also carries on parenting indeed.A presente dissertação objetiva analisar a possibilidade jurídica de adoção por pares homossexuais fundamentada nos princípios constitucionais. As transformações sociais resultaram em uma diversidade de entidades familiares que são protegidas constitucionalmente e diferem do antigo modelo patriarcal e patrimonialista. O modelo atual, plural e socioafetivo, passa a exercer a função de desenvolvimento dos seus membros, e o afeto torna-se elemento indispensável para caracterizá-las. Com o alargamento do conceito de família, os relacionamentos formados por pessoas do mesmo sexo recebem proteção legal mediante interpretação constitucional, considerando-se a dignidade humana princípio fundamental a ser observado por todos e norteador das relações familiares. Os princípios constitucionais do direito das famílias servem de fundamento para a concessão da adoção por casal homossexual. É importante destacar as mudanças sofridas pelo instituto da adoção até chegar à socioafetividade como fator predominante a ser avaliado, e daí, à permissão da adoção de crianças e adolescentes que convivem com família homossexual e não possuem vínculo jurídico com o companheiro que também exerce a paternidade/maternidade de fato.
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Attwell, Terry-Anne. "A phenomenological exploration of adoptive parents' motivation for and experience of transracial adoption in South Africa." Thesis, Rhodes University, 2004. http://hdl.handle.net/10962/d1002436.
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Prior to the democratic elections of 1994, South Africa was daunted by legislation flooded with racial segregation. Adoption across racial lines is, because of South Africa’s racially segregated past, a relatively recent phenomenon in this country. The number of legal adoptions has increased dramatically, especially after its legalization in 1991. Parents may adopt across racial lines for an array of different reasons, from not being able to conceive a baby, to wanting to give a child the best opportunity in life. This study explored the experiences of white parents who have adopted black children, paying particular attention to how they deal with issues of “racial” identity. In-depth interviews were used to generate qualitative data pertaining to the parental perceptions of their motivation for, and experiences of adopting a child transracially in South Africa. The study aimed to explore their motivation for adopting and experiences, as well as issues relating to “racial” identity. Recommendations have been made to assist parents who are interested in adopting transracially. The report presents findings relating to the unique characteristics of the participants who have adopted transracially. These include adopters’ motivation and thought processes before taking the relevant steps to adopt transracially; the support that they have received from others in their decision to adopt transracially; communication patterns; their relevant concerns regarding the future of their adopted child; and issues pertaining to race, culture, heritage, prejudices and stereotypes. The findings suggest that parents were pragmatic, without regrets, in their views about adopting across racial lines. The parents’ motivations for adopting across racial lines were very similar to various perspectives, but were all due to the fact that they were unable to have biological children. Parents were aware of the child’s identity and cultural issues, which may be more perceptible in the future. Their perceptions, views and opinions, and the future concerns of their children were not unrealistic. Due to the children’s young age a follow-up study of these children should be considered.
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Gruss, Stephanie Mayes. "Is Safe Haven Legislation an Efficacious Policy Response to Infant Abandonment: A Biopsychosocial Profile of the Target Population." VCU Scholars Compass, 2006. http://scholarscompass.vcu.edu/etd/1362.
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This study represents an attempt to describe the extent and features of safe haven legislation in the United States, discuss implementation issues, and to examine if the legislation is reaching its intended target audience in order to answer the question, "Is safe haven legislation an efficacious response to infant abandonment?" Safe havens are designated locations where infants can be anonymously abandoned without fear of prosecution or incarceration. As of May of 2006, forty-seven states have passed such legislation, citing the need for an alternative to unsafe infant abandonment leading to an infant's death, and an alternative to infanticide (the killing of an infant within one year of its birth). Since the initial passage of this legislation in Texas in 1999, there have been more unsafe infant abandonments than accounts of safe haven abandonments. As this legislation provides for anonymous infant abandonment researchers cannot study the population of women actually utilizing safe havens. Therefore, the study of women seeking connection with safe havens in comparison to the population of women who have engaged in infant abandonment resulting in an infant's death is considered one of the sole viable sources of insight into this problem. The scope of the research is exploratory in nature and analyses are considered preliminary due to the lack of data that exists in this area and the relative newness of the legislation.A quantitative analysis of women likely to utilize safe havens reveals that they have a mean age of 19, are unmarried, have entered into prenatal care late, have disclosed their pregnancy to someone, and are currently dating the birthfather. The findings from this analysis were compared to those from a national linked birth and infant death dataset to ascertain if women seeking safe havens have similar biopsychosocial characteristics as those engaging in unsafe abandonment leading to an infant's death. Similar biopsychosocial characteristics were found including mother's age, marital status, late entry into prenatal care, disclosure of pregnancy, and dating status. A regression analysis was used to construct a biopsychosocial profile of women likely to abandon an infant. Findings suggest that legislators and those involved with safe havens have some knowledge of their target population, but are not effectively reaching this audience, nor promoting the existence of safe havens. They also appear to be utilizing research findings on infanticide inappropriately, in order to profile their target audience. This effectively limits the promulgation of education and early identification services that could prevent both safe haven and unsafe infant abandonments. This study concludes with policy reform recommendations.
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Satterwhite, Nancy Rae. "Perceptions of the Adoptions and Safe Families Act of 1997 among child welfare and substance abuse professionals." CSUSB ScholarWorks, 2004. https://scholarworks.lib.csusb.edu/etd-project/2716.
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Johnson, Wendi Leigh. "Policy innovation and policy transfer in Australia : a retirement village case study." Thesis, Queensland University of Technology, 1998.
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Riley, Helen Joyce. "Identity and genetic origins : an ethical exploration of the late discovery of adoptive and donor-insemination offspring status." Thesis, Queensland University of Technology, 2012. https://eprints.qut.edu.au/51537/1/Helen_Riley_Thesis.pdf.
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This thesis is an ethical and empirical exploration of the late discovery of genetic origins in two contexts, adoption and sperm donor-assisted conception.
This exploration has two interlinked strands of concern. The first is the identification of ‘late discovery’ as a significant issue of concern, deserving of recognition and acknowledgment. The second concerns the ethical implications of late discovery experiences for the welfare of the child.
The apparently simple act of recognition of a phenomenon is a precondition to any analysis and critique of it. This is especially important when the phenomenon arises out of social practices that arouse significant debate in ethical and legal contexts.
As the new reproductive technologies and some adoption practices remain highly contested, an ethical exploration of this long neglected experience has the potential to offer new insights and perspectives in a range of contexts. It provides an opportunity to revisit developmental debate on the relative merit or otherwise of biological versus social influences, from the perspective of those who have lived this dichotomy in practise. Their experiences are the human face of the effects arising from decisions taken by others to intentionally separate their biological and social worlds, an action which has then been compounded by family and institutional secrecy from birth. This has been accompanied by a failure to ensure that normative standards and values are upheld for them. Following discovery, these factors can be exacerbated by a lack of recognition and acknowledgement of their concerns by family, friends, community and institutions.
Late discovery experiences offer valuable insights to inform discussions on the ethical meanings of child welfare, best interests, parental responsibility, duty of care and child identity rights in this and other contexts. They can strengthen understandings of what factors are necessary for a child to be able to live a reasonably happy or worthwhile life.
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Gishen, Dorienne. "Transracial adoption in South Africa." Thesis, 2012. http://hdl.handle.net/10210/6753.
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M.A.Transracial Adoption (TRA) was legalised in South Africa in June 1991. TRA is a controversial issue all over the world. In the United Kingdom and United States there has been extensive research on TRA related to many different aspects of it, rendering a variety of conflicting results. Little research has been conducted around TRA in South Africa to date. This study was undertaken to research the relatively new phenomenon of TRA in South Africa. The study was based on literature and research from overseas, to identify how TRA in South Africa compares. The respondents of the study were parents who have adopted transracially and social workers who have been involved in TRA. A hybrid of exploratory and descriptive study was conducted. Fourteen parents and twenty-one social workers responded to the questionnaires. The primary limitation being the small sample of respondents, however, due to the population size being small this sample could be representative. The results showed that people involved in TRA in South Africa are aware of, and concerned about, very similar issues as those raised overseas. As TRA in South Africa is still in its teething phase, valuable results emerged about how to go about TRA, so as to make it most effective for all parties concerned. Preparation for TRA, racial identity issues and recommendations for further research were discussed according to results from the study.
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Ban, Paul Zoltan. "The application of the Queensland Adoption Act 1964-1988 to the traditional adoption practice of Torres Strait Islanders." 1989. http://repository.unimelb.edu.au/10187/2361.
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The intention of this study is to examine the relevance of applying the Queensland Adoption Act 1964-1988 to the traditional adoption practice of Torres Strait Islanders. The concept of adoption as defined by the Queensland adoption legislation reflects the cultural context of “white Australia” and the intention of the Adoption Act 1964-1988 is to legalise a specific concept of adoption. This study will show that the Queensland Government, through the Department of Family Services, the Department which has the responsibility for implementing adoption legislation, does not make any allowance for differing views of adoption. The accepted definition of adoption is biased toward the dominant white culture in Queensland and the legislation was intended to service the needs of the dominant white culture.
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Faulbaum, Susan. "Structure and agency in the private rental market : the making and remaking of Victoria's Residential Tenancies Act." Phd thesis, 1988. http://hdl.handle.net/1885/132452.
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This thesis explores the dynamics of social change through an examination of the making and remaking of Victoria's Residential Tenancies Act. The conditions leading up to the creation of the Tenancies Act are examined, as are the changes which the Act has produced. The findings of this thesis suggest that, despite the hopes of social reformers, the Tenancies Act has not produced a redistribution of power between landlords and tenants. It is argues, however, that this is not the fault of the Act itself, nor of its administrators, but rather of wider structural changes in the housing market which have served to negate many of the gains made by the Tenancies Act. Indeed, it is argued that, despite appearances, the Act has produced a number of important changes to the structure of, and agents participating in the rental housing market. As a result, Victoria's rental market is now quite different compared to how it was prior to the Act's introduction.
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Gerrand, Priscilla A. "The legal adoption of unrelated children: a grounded theory approach to the decision-making processes of black South Africans." Thesis, 2017. https://hdl.handle.net/10539/24554.
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Thesis submitted in fulfilment of the requirements for the degree of Doctor of Philosophy in Social Work
, Faculty of Humanities, University of Witwatersrand, Johannesburg, 2017In South Africa, there are thousands of children who cannot be raised by their parents or relatives and consequently unrelated, legal adoption is usually considered to be in their best interests. South Africa has ratified international agreements, which emphasise that adoptable children have a right to grow up in their country of origin and intercountry adoption should be considered ‘a last resort’. The Children’s Act (No. 38 of 2005) legally entrenches several innovations to facilitate adoptable children being raised in South Africa. Accredited adoption agencies have made ongoing efforts to make adoption more accessible to South Africans, but the number of South Africans legally adopting unrelated children adoption is small and continues to decline. To help address this pressing child welfare problem, the main aim of this research was to develop a grounded theory explaining what factors affect the decision-making processes of urban black South Africans regarding legally adopting unrelated child. This population group was focused on because they presented as a promising pool of prospective adopters. It was reasoned that to facilitate domestic adoption, policy makers and practitioners need to gain a clearer understanding of what factors dissuade black South Africans from legally adopting unrelated children. A qualitative inquiry was conducted using the Corbin and Strauss approach to the grounded theory method. Personal interviews were conducted with 39 purposively selected black participants that were divided into five cohorts, namely i) adopters ii) adoption applicants in the process of being assessed as prospective adopters iii) adoption applicants who did not to enter the assessment process iv) social workers specialising in the field of adoption and v) South African citizens who have some knowledge of legal adoption practice. The grounded theory emerging was ‘Tensions surrounding adoption policy and practice and perceptions and experiences of adoption.’ Essentially this grounded theory is based on five categories: Meanings of Kinship; Information and Support; Cultural and Material Mobility; Parenthood, Gender and Identity and Perceptions of Parenting and Childhood. It is recommended that adoption policy and practice be shaped to reflect a balanced child-centred and adult-centred approach. Furthermore, recruitment strategies should be based on findings at a grassroots level. Key words: legal adoption; adoptable children; Africanisation; decision-making processes, adoption assessment process and grounded theory.
GR2018
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Donaghey, Bronwyn. "Regulating the biological family : policy, genetics, discourse, and diminishing ’other’ bodies." 2006. http://hdl.handle.net/2440/57101.
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Title page, contents and abstract only. The complete thesis in print form is available from the University of Adelaide Library.This thesis identifies and elaborates on the way in which notions of genetic inheritance connect with notions of ’proper’ families and hence shape policies concerning reproduction and family formation. Assumptions about the structure and shape of the ’proper’ or ’traditional’ family - as a heterosexual two-parent unit with biological children - and its claim to naturalness, are embedded in policies related to reproductive technologies and family formation. The thesis explores the discourses surrounding the following specific policies - surrogacy, IVF, adoption, abortion, child support and posthumous reproduction - to elucidate the frameworks of meaning within which we understand these issues.
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Thesis (Ph.D.) -- University of Adelaide, School of History and Politics, 2006
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Donaghey, Bronwyn. "Regulating the biological family : policy, genetics, discourse, and diminishing ’other’ bodies." Thesis, 2006. http://hdl.handle.net/2440/57101.
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This thesis identifies and elaborates on the way in which notions of genetic inheritance connect with notions of ’proper’ families and hence shape policies concerning reproduction and family formation. Assumptions about the structure and shape of the ’proper’ or ’traditional’ family - as a heterosexual two-parent unit with biological children - and its claim to naturalness, are embedded in policies related to reproductive technologies and family formation. The thesis explores the discourses surrounding the following specific policies - surrogacy, IVF, adoption, abortion, child support and posthumous reproduction - to elucidate the frameworks of meaning within which we understand these issues.Thesis (Ph.D.) -- University of Adelaide, School of History and Politics, 2006
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Ferreira, Sandra. "Interracial and intercultural adoption : a South African legal perspective." Thesis, 2009. http://hdl.handle.net/10500/2881.
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The best interests of the child are paramount in every matter concerning the
child. This applies in the case of adoption of a child as well. When an adoption is
intercultural, culture is an issue to be taken into account. This study is undertaken
to consider the role that culture should play in a decision whether an adoption is
in the best interests of the child. In order to determine whether intercultural
adoption is a viable option that serves the best interests of the child, interracial
adoption also needs to be focused on, as intercultural adoption is often also
interracial. The research for this thesis is done from a South African legal
perspective, although some interdisciplinary and international research is
necessary as well.
A brief historical overview of adoption in South Africa is undertaken, as it is
important to have some background knowledge about adoption in South Africa in
order to understand why race and culture are relevant in the South African
adoptive system. The role of the family in the life of the child is investigated. The
difference between family care, parental care and alternative care is researched.
Thereafter the role of emotional bonding for a child, also known as attachment, is
focused on. An important question is whether race and culture is the same thing.
This is researched, whereafter the role of race and culture in the adoption
process is investigated. The relevant provisions of the Child Care Act 74 of 1983,which regulates adoption in South Africa, are compared to the relevant provisions
of the Children’s Act 38 of 2005, which will regulate adoption in South Africa
soon. Finally, some conclusions are drawn, shortcomings are highlighted and
possible solutions are suggested.
The outcome of this thesis should provide some guidance to those involved in the
adoption process with regard to the factors that are important in determining the
best interests of the child in an intercultural adoption.Law
LL.D.
23
Minas, Freda Charlotte. "The limitations of law pertaining to incest cases: observations of the confines inherent in the current criminal jurisdiction of the County Court of Victoria, which may limit justice for the victims of incest, and the resultant equivocal footing of social policy in this area." Thesis, 1997. https://vuir.vu.edu.au/18193/.
Full textAbstract:
The crime of incest is rendered invisible in the 1990's under the all-embracing
label of "child abuse", where the public eye is alerted to grave
cases of physical abuse, by a media hungry for sensationalism. Likewise,
incest is effaced amid the current outrage over the deviant outsider -
typically perceived as the paedophile.
It is the very nature of the sphere in which incest is committed, which
makes the crime 'hermetic'. The view that the patriarchal family is
somehow sacrosanct, and the debate over the public/private dichotomy
relating to child protection, adjoin to further obscure this iniquity. In
addition to this, the perpetrators of incest frequently deny, minimise or
rationalise their crime, hence making the legal sphere the only legitimate
area of redress for victims.
However, the law attempts to deal with these private moral perplexities
in the objective and constrained manner representative of the court
system. This may not be reconcilable with just outcomes.
Social policy's footing in this arena appears to be equivocal, due to
the inherent confines of the legal system. But the legal system, and in
particular the court arena, can be made more equitable, by being flexible
and amenable to innovation, through the embodiment of other areas of
expertise. Instead of being self-referential, the legal system should be
more accommodating of other esteemed knowledges, in the name of
justice.
24
Ramsakkan, Yinita. "The regulation of the removal of hazardous shipwrecks in South African waters and a discussion on the adoption of the Nairobi International Convention on the Removal of Wrecks, 2007." Thesis, 2013. http://hdl.handle.net/10413/11051.
Full textAbstract:
International trade in large amounts of commodities resulted in the recent growth of the shipping
industry. With larger ships being constructed to meet land based demands for various types of
commodities combined with the unpredictable and often perilous conditions at sea, the risk of a
shipwreck arising becomes more likely. Not only do these wrecks pose a danger to the
environment and to navigation but also, in the event of the shipowner escaping liability by
abandoning the wreck for instance, the state affected by the wreck finds itself financially
burdened by the costs involved in having the wreck removed. Moreover, an affected state cannot
intervene and impose conditions to the shipowner to have a wreck removed if it occurred in its
exclusive economic zone because the state’s jurisdiction is limited to preserving natural
resources. Thus, despite drifting cargo and the ship itself posing a hazard to coastal states, they
had no authority to intervene and issue a wreck removal notice.
Recognising these safety concerns and lacunae in international law, the International Maritime
Organisation formulated the Nairobi International Convention on the Removal of Wrecks, 2007,
(“Nairobi Convention”) which was aimed at governing the regulation of removing wrecks whilst
imposing strict liability on the shipowner, subject to the other liability Conventions and
limitation of liability. However, after a survey was conducted by the Comitè Maritime
International it was also established that national laws of many states such as the United
Kingdom (“UK”) and South Africa were inadequate to enforce liability claims for costs incurred
in removing a wreck. As a result, the Convention allows contracting states to apply the
provisions of the Convention to their territorial sea.
This dissertation will discuss relevant provisions of the Nairobi Convention and illustrate how it
has been implemented and consequently reformed the law of the United Kingdom. The
dissertation will then analyse the implementation strategy which enforces the Convention in the
UK, with the aim of providing a suggestion of how South Africa should enforce the Convention
into its national laws. This will lead to an assessment of the current legislative framework
governing wreck removal in South Africa with the aim of establishing whether the law is need of
reform and how this should be facilitated.Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2013.
25
Bloomquist, Kori Rose. ""A piece of you is gone": foster parent experiences of pre-adoptive placement disruption." 2015. http://hdl.handle.net/1805/7343.
Full textAbstract:
Indiana University-Purdue University Indianapolis (IUPUI)Awaiting adoption is a social problem in America that affects thousands of children as well as families, agencies, communities, the mission of the child welfare system, and society at large. In 2014, over 101,000 children were awaiting adoption in the United States. On average, waiting children have been in out-of-home care for approximately three years. One phenomenon that plagues waiting children and their opportunity for adoption is the disruption of their pre-adoptive placements or the change in a waiting child's placement prior to a finalized adoption. Despite unique placement and permanency needs, waiting children and their foster parents are seldom recognized as unique cohorts. Thus, little is known about the experience of pre-adoptive placement disruption. The status of waiting children, foster care and adoption history and policy, and literature and theory relevant to pre-adoptive placement disruption are discussed. In-depth, semi-structured interviews and Interpretive Phenomenological Analysis were used to investigate the research question: What is the experience of pre-adoptive placement disruption for pre-adoptive foster parents? Eleven foster parents participated in nine interviews. Participants were licensed through public or private child welfare agencies. The majority of participants were married, Caucasian, and had adopted from foster care. Important findings emerged from the experiences participants shared. Pre-adoptive placement disruption is characterized by "compound loss" including both the loss of the child and the loss of purpose. Participants experienced the disruption like a broken social contract and attributed the disruption to the child welfare system or the children's perpetrators. Disruption experiences resulted in lasting effects including changes to the profiles of the children participants would foster or adopt in the future, pre-adoptive status, and advocacy efforts. Resolve emerged as a critical factor for participants to approach foster and pre-adoptive care in new ways. Vulnerability, isolation, and ambivalence emerged as essential elements of living through disruption. Findings suggest the importance of assessing pre-adoptive parents' motivations and expectations, validating their experiences, acknowledging their losses, and practicing with transparency and competency. Implications exist for child welfare and social work practice and education. Additional research is needed regarding barriers and supports of adoption from foster care.
26
Kasperczyk, Richard T. "Barriers to systemic work stress prevention in Australian organisations." Thesis, 2015. https://vuir.vu.edu.au/29886/.
Full textAbstract:
This thesis addresses the question of why work stress prevention has not been
adopted systemically in organisations, despite some research findings that it is
effective, that it has been mandated by legislative regulations and that it has the
potential for significant cost savings. Work stress is recognised as an increasing and
global problem in terms of negative economic, health and social outcomes. Its
significant costs related to work injury compensation have resulted in growing
pressure from governmental health and safety jurisdictions for organisations to
manage and prevent stress through systemic risk management approaches.
27
Paizes, Yulie Panayiota. "The position of unmarried fathers in South Africa: an investigation with reference to a case study." Thesis, 2006. http://hdl.handle.net/10500/1514.
Full textAbstract:
This dissertation looks at the position of the unmarried father in South Africa with regard to obtaining access to his illegitimate child. The writer has focused on three distinct eras in South African family law: the position of unmarried fathers in terms of: the common law; Natural Fathers of Children Born out of Wedlock Act; and the Children's Act. The writer has further focused on a case study. This is to emphasis the difficulty which unmarried fathers have when attempting to go through the courts to have access to his child.
In terms of South African common law, fathers of illegitimate children did not have any form of parental authority over the child. The mothers of illegitimate children have full parental authority over such children. Access in terms of South African common-law is seen as an incident of parental authority. Unmarried fathers nevertheless had the right to approach the high court to obtain access to their children, if the mother of the child refuses to allow the father to have such access. In the late 1980's and early 1990's, there was an overwhelming amount of applications brought by unmarried fathers in the high courts so as to obtain access to their illegitimate children. The case of Van Erk v Holmer 1992 (2) SA 636 (W) sparked victory for unmarried fathers when the learned judge held that all unmarried fathers of children have an inherent right of access to their children. This victory was short-lived. Subsequent case law and in particular the case of B v S 1995 (3) SA 571 (A) enforced the common law and held that unmarried fathers do not have an automatic right to their illegitimate children and that such fathers will have to apply to the high court for such access. Due to the increase in litigation in the late 1980's and early 1990's regarding a father's access to his child born out of wedlock the Natural Fathers of Children Born out of Wedlock Act commenced on 4 September 1998. The South African legislature adopted the approach taken in the case of B v S 1995 (3) SA 571 (A) and rejected the approach taken in the case of Van Erk v Holmer 1992 (2) SA 636 (W) ie the common law continued to remain the approach taken in South Africa.
Legislators recognised that the approach taken in the Natural Fathers of Children Born out of Wedlock Act does not conform to the provisions of the African Charter of the Rights and the Welfare of the Child, the United Nations Convention on the Rights of the Child and equality and dignity provisions of the Constitution of the Republic of South Africa. On 19 June 2006, the Children's Act was effected and will commence once promulgated in the Government Gazette. The writer then determines whether the Children's Act has in practice changed the position of the unmarried father.JURISPRUDENCE
LLM
28
Adjin-Tettey, Theodora Dame. "The e-teen phenomenon: a conceptual model for new media technology use and appropriation." Thesis, 2018. http://hdl.handle.net/10500/25752.
Full textAbstract:
Text in EnglishBorn at a time of abundance of technology, including new media, e-teens have their lives woven around the use of new media technologies to the extent that they virtually do everything with the aid of these technologies, including learning, playing, socialising and communicating. E-teens, besides, demonstrate marked expertise in the use of these technologies. Although there have been various studies done on this group of users supported by models and theories on the use, gratifications and appropriation of new media technologies, the premise of this study was on two assumptions. First, there are limited studies that have been conducted in the sub-Saharan African context, especially, Ghana. Second, most available theories and models that guide the study of e-teens’ use, appropriation and the use of new media technologies are generalized and do not sufficiently highlight the unique attributes and gratification needs that are tied to their developmental stage. In light of these assumptions, the study was undertaken to provide empirical evidence on the types of new media e-teens have access to; the types of new media used by e-teens in their scheme of things and e-teens’ purposes for using new media. It also sought to find out the gratifications sought and obtained from the use of new media technologies by e-teens; the key features of new media appropriation and experience among e-teens and to identify the features of new media technologies which are most appealing to e-teens. The other objective, which serves as the main contribution of this study, was to develop a conceptual model representing new media use and appropriation among e-teens, thereby filling the theoretical or conceptual gap that exists in this context. The study adopted a quantitative approach whereby data was collected using close-5ended questionnaires. The target population were teens from age 13 to 19 in senior high schools in the Greater Accra region of Ghana, selected using a simple random sampling. The results of the study show that, overall, the most popular new media technology that e-teens had access to and owned was the smartphone. Leading among the apps that e-teens found to be appealing were educational, entertainment and information/news, with communicative and participatory features of new media technologies appealing to e-teens highly. Also, educational, sociability and social inclusion, respectively, were the most popular gratifications sought and obtained by e-teens. It is submitted that social inclusion, educational and sociability gratifications are considered to be directly in line with the unique developmental needs of e-teens. However, it is recommended, among other things, that educational use of new media, which was one of the strong points for new media use, should be further encouraged as new media provides borderless opportunities forlearning. The researcher believes that the conceptual model for e-teen use and appropriation of new media technologies provide a firm ground for further research on topics related to this subject matter. To provide support and substance to the e-teen model, other researchers are encouraged to test and extend it where necessary. In conclusion, the findings provide evidence that new media technologies are highly appropriated by e-teens because the technologies help them meet their unique gratification needs. Therefore, the study recommends that, although new media use among e-teens can be encouraged, it is important to ensure proper usage, which will not be detrimental to them.
Communication Science
D. Litt. et Phil. (Communication)
29
Coetzee, Linden. "Die konstitusionele implikasie van Fraser V Children's Court, Pretoria North 1997 2 SA 261 (CC)." Diss., 1997. http://hdl.handle.net/10500/17907.
Full textAbstract:
Text in Afrikaans, abstract in EnglishWriter investigates the constitutionality of section 18(4)(d) of the Child Care Act 74 of 1983 against the backdrop of the South African common law and the common law of comparative legal systems. In the South Africa law the mother of an illegitimate child has guardianship. The natural father does not have parental power which weakens his legal position. In analysing the judgement of the Constitutional Court, writer criticises the court for stating that in the case of a newborn baby the kind of discrimination which section 18( 4 )( d) authorises against a natural father may be justifiable in the initial period after the child is born. The constitutional position of the natural father in American jurisprudence is discussed at length. Writer concludes that the natural father has to take positive steps to vest a right to be heard in an adoption application. Proposals for legal reform are also made.
Private Law
LL. M. (Law)