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1
MacKay, Kirsteen Margaret. "Voice of the child in private law contact disputes in Scotland." Thesis, University of Edinburgh, 2012. http://hdl.handle.net/1842/6398.
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This thesis that is supported by the research findings is as follows: In private law contact disputes between parents, greater weight should be attached to the statutory requirement to give children an opportunity to express their views, as well as to the statutory requirement to protect them from abuse, rather than assuming on-going contact with a both parents is essential for the promotion of a child’s welfare. Despite the acquisition of rights by women and children since the late 19th century, it is argued, they remain disempowered within private law legal process as the patria potestas (paternal power) once held by married fathers, has evolved into this assumption that a child’s welfare requires direct, regular contact with his or her biological father – whether the child wants this or not. Consequently, where children’s views are taken, but they express a view contrary to on-going contact with their biological father, their wishes are often overridden and they may be forced by the court into contact arrangements that distress them. This is particularly problematic as the majority of cases coming before the courts involve serious welfare concerns (including domestic violence and the abuse of substances) and children often have lucid reasons for not wishing to be left under the care and control of their non-resident parent. Yet, these children may sometimes be further victimised by the court system charged with their protection.
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Spano, Cheryl. "Central California's Juvenile/Dependency and Criminal Courts' Treatment of Parent-Child Contact." Thesis, Walden University, 2019. http://pqdtopen.proquest.com/#viewpdf?dispub=13859371.
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Parties to a legal action of child abuse can be prosecuted criminally as well as charged with allegations within the jurisdiction of juvenile/dependency court. This can lead to seemingly conflicting goals regarding contact and visitation between the two parties (victim and defendant; child and parent). In essence, restraining orders or visitation orders from one court can contradict the case goals of another court. The purpose of this qualitative case study was to (a) determine if there is a pattern of inconsistent goals in cases of concurrent jurisdictional child-abuse cases, (b) evaluate the effect of conflicting court orders on each jurisdiction’s cases, and (c) examine the ability of these courts to process cases in a timely manner in light of both courts’ goals and concerns. Previous to this study, scholarly literature surrounding no-contact orders was limited to domestic violence and criminal contexts. There is no current scholarly research addressing the treatment of no-contact orders in concurrent jurisdiction cases. This study utilized standardized surveys, one-on-one interviews, and observations to evaluate and examine the areas of inquiry. Participants were chosen for their extensive knowledge and professional duties regarding both the juvenile/dependency and criminal court systems. The results of this research indicate that many participants considered these two jurisdictions to maintain contradictory goals, which is particularly problematic in contact/no-contact orders. Participants found the issue of restraining orders in this context to manifest in unfairness, confusion, and delay. A myriad of recommendations are offered in an effort to assist this county, as well as others, in its promotion of fairness to court participants and parties of these concurrent cases.
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Kosisko, Richard J. ""The first teachers" the role of Christian parents according to the code of canon law /." Theological Research Exchange Network (TREN), 2005. http://www.tren.com.
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Spano, Cheryl Oslinker. "Central California's Juvenile/Dependency and Criminal Courts' Treatment of Parent-Child Contact." ScholarWorks, 2019. https://scholarworks.waldenu.edu/dissertations/6742.
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Parties to a legal action of child abuse can be prosecuted criminally as well as charged with allegations within the jurisdiction of juvenile/dependency court. This can lead to seemingly conflicting goals regarding contact and visitation between the two parties (victim and defendant; child and parent). In essence, restraining orders or visitation orders from one court can contradict the case goals of another court. The purpose of this qualitative case study was to (a) determine if there is a pattern of inconsistent goals in cases of concurrent jurisdictional child-abuse cases, (b) evaluate the effect of conflicting court orders on each jurisdiction's cases, and (c) examine the ability of these courts to process cases in a timely manner in light of both courts' goals and concerns. Previous to this study, scholarly literature surrounding no-contact orders was limited to domestic violence and criminal contexts. There is no current scholarly research addressing the treatment of no-contact orders in concurrent jurisdiction cases. This study utilized standardized surveys, one-on-one interviews, and observations to evaluate and examine the areas of inquiry. Participants were chosen for their extensive knowledge and professional duties regarding both the juvenile/dependency and criminal court systems. The results of this research indicate that many participants considered these two jurisdictions to maintain contradictory goals, which is particularly problematic in contact/no-contact orders. Participants found the issue of restraining orders in this context to manifest in unfairness, confusion, and delay. A myriad of recommendations are offered in an effort to assist this county, as well as others, in its promotion of fairness to court participants and parties of these concurrent cases.
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McGowan, Wayne S. "Thinking about the responsible parent : freedom and educating the child in Western Australia." University of Western Australia. Graduate School of Education, 2004. http://theses.library.uwa.edu.au/adt-WU2005.0014.
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This study is concerned with how educational legislation shapes and uses freedom for the purpose of governing the parent. The key question guiding the study was: How does the Act constitute the ‘parent’ as a subject position responsible for schooling the child? Central to the work is an examination of the School Education Act 1999 (the Act) using Foucault’s thinking on governmentality. This is prefaced by historical accounts that bring together freedom and childhood as contrived styles of conduct that provide the governmental logic behind the Act. The study reveals how the Act shapes and uses the truth of freedom/childhood to construct the responsible parent as a style of conduct pegged to a neo-liberal political rationality of government. It is this political rationality that provides the node or point of encounter between the technologies of power and the self within the Act which forms the ‘responsible’ identity of the parent as an active self-governing entrepreneur made more visible by the political construction of ‘others.’ This is a legal-political subjectivity centred on the truth of freedom/childhood and a neo-liberal rationality of government that believes that any change to our current ethical way of being in relation to educating the child would ruin the very freedoms upon which our civilised lifestyle depends. In essence, the Act relies on the production of ‘others’ as the poor, Aboriginal and radical who must be regulated and made autonomous to constitute the ‘parent’ as an active consumer whose autonomous educational choices are an expression of responsibility in relation to schooling the child
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Van, der Linde Anton. "Grondwetlike erkenning van regte ten aansien van die gesin en gesinslewe met verwysing na aspekte van artikel 8 van die Europese Verdrag vir die beskerming van die regte en vryhede van die mens (Afrikaans)." Thesis, Pretoria : [s.n.], 2001. http://upetd.up.ac.za/thesis/available/etd-02172010-104239/.
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Violet, Ian. "The allocation of responsibility for the maintenance of the single parent family." Thesis, University of British Columbia, 1990. http://hdl.handle.net/2429/28828.
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The social problem under investigation is that of widespread poverty amongst households comprising minor chidren and a lone parent, whether this household has arisen due to a birth outside a stable union, separation, divorce or widowhood. The scale and features of this poverty are identified with reference to demographic data from Canada and the United Kingdom.
Possible policies for reform are identified through a thorough review of literature from the Commonwealth and the United States. Special attention is paid to empirical investigations and the relationship between public and private support of single parent families.
Whilst none of the four hypothetical reforms proposed - a system of insurance, rigorous enforcement of court orders, constraining judicial discretion, expanded rights to public support - is unconditionally accepted, only insurance is rejected as offering nothing of value. The conclusion is that the non-custodial parent's responsibility for his or her children must continue to be emphasised but that public resources should be expended with a view to assisting the single parent to obtain, enforce and periodically vary orders in favour of the children. For the single parent himself or herself, the aim must be to reverse the current process of marginalisation within society and this independence can best be achieved by reforms of the labour market rather than by reforms of the legal process.Law, Peter A. Allard School of
Graduate
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Gibson, Andrew Robert. "The impact of the child welfare principle on access to assisted reproductive technology." Thesis, University of Glasgow, 2015. http://theses.gla.ac.uk/6716/.
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Assisted Reproductive Technology has, in the last 40 years, raised numerous ethical questions. One of these ethical questions has been whether or not children born as a result of Assisted Reproductive Technology treatments may be harmed as a consequence of being brought into existence in this way. Harm caused to children is quite rightly a serious concern for society and society expects the State to intervene to protect children from parents who pose a significant risk to their children. Towards this end section 13(5) of the Human Fertilisation and Embryology Act 1990 requires licensed infertility treatment clinics to ‘take into account the welfare of the child who may be born as a result of treatment’ when considering whether or not to provide a woman with treatment services. This thesis will argue that section 13(5) of the Human Fertilisation and Embryology Act 1990 should be amended as it is acts as nothing more than an arbitrary and unjustified infringement on an individual’s right to reproductive liberty; is an ineffectual means of promoting the welfare of the child who may be born as a result of treatment; is philosophically incoherent; and is inconsistent with the law as applied in so-called ‘wrongful life’ cases. The argument that section 13(5) of the Human Fertilisation and Embryology Act 1990 should be amended will be grounded upon the contention that an individual’s right to reproductive liberty should be accorded particular respect. This thesis will argue for a right to reproductive liberty which encompasses a negative right of the individual to be free from unjustified interference by the State when making reproductive choices. The pervasive influence of the child welfare principle as applied in the context of decisions directly impacting upon them has, it will be argued, played a significant part in the inclusion and retention of section 13(5) within the Human Fertilisation and Embryology Act 1990. This thesis will examine the way in which the child welfare principle as applied to children has grown in influence and how an unquestioning adherence to this worthy principle has led to an incongruous version of it being applied at the pre-conception stage. While the State have a solid mandate to protect the welfare of children this thesis will argue that that mandate cannot realistically be extended to apply to future children, when to refuse an individual access to Assisted Reproductive Technology has the effect of preventing the child whose welfare is to be taken into account from being brought into existence in the first place.
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Kassan, Daksha Gaman. "How can the voice of the child be adequately heard in family law proceedings." Thesis, University of the Western Cape, 2004. http://etd.uwc.ac.za/index.php?module=etd&.
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Child participation and the right of children to be heard in matters that directly affect them, including in judicial and administrative matters, is a right that is entrenched in a number of international and regional instruments. This right is also entrenched in the South African Constitution that provides for children to be legally represented, at State expense, in civil proceedings affecting them and this includes divorce proceedings. However, this constitutional right is limited to those circumstances where a substantial injustice would otherwise result should such legal representation not be afforded. This thesis examined how the voices of children can be heard during divorce proceedings and makes recommendations as to when children involved in divorce proceedings should be granted legal representation at State expense.
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Raynor, Susan J. "A specification of Canon 843 [par.] 2 parents as other members of the Christian faithful who have a duty to prepare their children for the sacraments of initiation /." Online full text .pdf document, available to Fuller patrons only, 2003. http://www.tren.com.
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Astbury, Ruth A. "What processes will support effective shared decision making when health visitors and parent are planning to improve the wellbeing of babies and children within the context of the Getting It Right For Every Child (GIRFEC) policy framework?" Thesis, University of Stirling, 2014. http://hdl.handle.net/1893/22356.
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Two key policy documents are having an impact on health visiting practice in Scotland: Getting It Right for Every Child (GIRFEC) (2013), which seeks to promote all children’s wellbeing, and The Healthcare Quality Strategy for NHS Scotland (2010) which promotes person-centred care. ‘Shared decision making’ is integral to ‘person-centred care’; however no research studies to date have linked shared decision making with health visitor practice. This thesis reports on a descriptive, qualitative research study, which was conducted in two health board areas in Scotland, in order to explore the processes that support effective shared decision making in health visiting practice within the context of implementing GIRFEC. The design was in three phases and used Elwyn’s Framework, of ‘Choice, Options and Decision Talk’ as a structure (2012). Phase 1 consisted of audio recordings of 2 x health visitor: parent encounters when decisions were being made; Phase 2 consisted of semi-structured interviews with 9 x health visitors and 9 x parents who had made decisions within the last 6 months; Phase 3 involved 3 x focus groups reviewing the findings to date and reflecting on current issues when implementing GIRFEC. The framework method was used for analysis and two additional themes were identified: ‘Issues’ and ‘Relationships’. The health visitors demonstrated that they built up trusting relationships with parents; however there was lack of understanding and application of decision making theory which supports analysis, and an outcome focused approach to person-centred planning. This thesis identifies areas for health visitor practice development.
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Dias, Nadia. "Best Interests Of The Child Principle In The Context Of Parent Separation Or Divorce : As Conceptualised By The Community." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2014. https://ro.ecu.edu.au/theses/1463.
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Best interests of the child (BIC) is a construct that is central to legal decisions in several areas including parenting matters in the Family Courts, guardianship, child-protection, and adoption. Despite the centrality of the construct, BIC has not been operationalised (Thomson & Molloy, 2001) and there is little agreement about what is considered best for children within social service and legal communities (Banach, 1998). Given that one of the aims of law is to reflect public sentiment (Green, 1996), the current study explored the general public’s conceptualisation of BIC. More specifically, I sought to determine what community members think the term “best interests” means and what factors they believe need to be considered when determining BIC? A qualitative approach was used and data were collected through semi-structured interviews.
Participants (n= 19) defined BIC as parents effectively meeting the developmental needs of children to produce healthy young adults, both physiologically and psychologically. A complex hierarchical model was generated from participant responses that outlined the primary developmental needs of children and sets of conditions and parenting practices that elicit these. Despite the indeterminate nature and vagueness of the BIC standard, the findings from the current study suggest that current legislative practices do reflect public sentiment. Results of this research represented an important step towards a more comprehensive understanding of the BIC concept and endorse existing practices of forensic evaluators. Moreover, embedding gathered information in the context of child development and parenting literature appears essential to the utility of forensic psychological assessments. Finally, the model generated highlights the complexity of BIC and the need for practitioners to be aware of interactions that exist between child development and contexts of the home, community, culture and society.
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Worley, Heather. "Treatment by the law and society of parents of minors who have died in circumstances where they were denied medical intervention a dissertation [thesis] submitted to the Auckland University of Technology in partial fulfilment of the degree of Master of Health Science, November 2003." Full thesis. Abstract, 2003. http://puka2.aut.ac.nz/ait/theses/WorleyH.pdf.
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Peploe, Matthew. "In a World of its Own: How Operative Closure Limits the Law's Ability to Protect Children from Maltreatment." The University of Waikato, 2008. http://hdl.handle.net/10289/2231.
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New Zealand's figures for child maltreatment are consistently amongst the highest in the OECD. The purpose of this thesis is to understand what the legal system can do to protect children in New Zealand from maltreatment and why legal responses to child maltreatment often appear to be ineffectual or of limited effect. This thesis uses the theories of Luhman and Teubner to argue that the law's ability to protect children from maltreatment is limited because the legal system creates and responds to its own abstract world. This process arises from the functional requirements of the law and its operation as an autopoietic system of power that produces its own abstract knowledge about the world. The legal system's function within New Zealand society is to stabilise behavioural expectations and maintain society's coherence and it does so by reducing the complexity of subjective human existence into binary alternatives. However, this process of reducing complexity limits the way in which the law produces its knowledge about the world and controls how power is distributed within the law's abstract world to such an extent that the legal system is closed from the world of subjective experience. This closure from the world outside the legal system limits the law's ability to regulate and reform that outside world and protect the children who live within it. By identifying these limits, this thesis will contribute to an understanding of the limits of the law's ability to protect children from maltreatment and thereby improve the effectiveness of New Zealand society's attempts to protect its children.
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Jones-White, Barbara. "A demographic analysis of parents in Virginia who choose home instruction to educate their children." Diss., Virginia Polytechnic Institute and State University, 1987. http://hdl.handle.net/10919/77811.
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The purpose of this study was to analyze the demographic characteristics and validate reasons why parents in Virginia choose home schooling to educate their children. Approximately 300 approved parents in Virginia are currently providing home schooling for their children.
A questionnaire and interview schedule was developed to provide information on the characteristics and reasons associated with this form of alternative educational program being provided by parents.
This descriptive study addresses the population of parents in Virginia who educate their children at home. A questionnaire was sent to 100 randomly selected group of parents who are approved by the state to teach their children at home. Additionally, an interview was conducted with 10 randomly selected parents from this total population who received the questionnaire. The data in the study consisted of responses by 74 parents. Data was tabulated and reported using descriptive and inferential status. all computations were done on an IBM computer using the statistical package for the social services (SPSSX).
The following are the conclusions made as a result of the findings: As participants in home schooling, parents believe that public/private schools are a threat to their children's moral character. Also, that home schooling provides a better learning environment since parents are able to give more time (individual attention) and love to their children while learning.
Major reasons for home schooling are lack of good moral and character development public poor quality of public school education and desire to extend parent-child contact.
General characteristics of parents revealed by the responses indicate parents are small family structured averaging two children, upper incomes, providing a more child-centered program.Ed. D.
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Gurtner, Mark A. "Canonical factors to be weighed with regard to the formulation of diocesan norms for preparation for first Eucharist for home-catechized children." Theological Research Exchange Network (TREN), 2005. http://www.tren.com/search.cfm?p029-0646.
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Boniface, Amanda Elizabeth. "Revolutionary changes to the parent-child relationship in South Africa, with specific reference to guardianship, care and contact." Thesis, Pretoria : [s..n.], 2007. http://upetd.up.ac.za/thesis/available/etd-10222007-163657/.
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Basson, Lindinette. "Perspectives on the best interests of the child : developments in the interpretation and application of the principle in the South African law relating to custody." Thesis, Stellenbosch : Stellenbosch University, 2004. http://hdl.handle.net/10019.1/18091.
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Thesis (LLM )-- Stellenbosch University, 2004.ENGLISH ABSTRACT: The Constitution of the Republic of South Africa entrenches the best interests of the child as being of paramount importance in all matters concerning the child. This commitment to the promotion of the welfare of children is not unique to modern South African law, but is an acknowledged principle of the common law and international child law as well. With such well-established recognition the question, which forms the primary focus of this study, arises whether the principle of the best interests of the child is workable and applicable in real life scenarios where the custody of a child has to be decided. The challenge to the application of the principle in this context is to reach a decision that will protect the parent-child relationship regardless of the marital breakdown. The question is whether the principle allows for and creates an honest awareness of and commitment to the welfare of children that influence decisions in this context or whether courts and decision-makers merely pay lip service to it in order to conceal the haphazard way in which custody is awarded. In order to determine the workability and applicability of the principle, it is necessary to know how the principle has evolved in the South African legal context. Through the examination and analysis of existing literature, international conventions, legislation and case law, a number of different perspectives on the developments in the interpretation and application of the principle are provided. These perspectives culminate in the useful and constructive insight and conclusion that the value of the concept is dependant upon the correct approach to the principle and its characteristics. The defining characteristic of the principle of the best interests of the child is its inherent vagueness and indeterminacy. Though this subjects the principle to serious criticism, this study supports the argument that indeterminacy is in fact essential. It ensures not only the flexibility of the concept, rendering it applicable to the time, cultural sphere and social context and unique circumstances of each case it is applied to, but a holistic approach to the child as individual and family as a unit as well. This holistic approach forms the foundation of the lists of criteria in McCall v McCall 1994 (3) SA 201 (C) and the Children's Bill, thereby establishing the workability and value of the principle for fair and just results in all decisions pertaining to the custody of children.
AFRIKAANSE OPSOMMING:Die Grondwet van die Republiek van Suid-Afrika verskans die beste belange van die kind as van deurslaggewende belang in elke aangeleentheid rakende die kind. Die verbintenis tot die bevordering van die belange van kinders is nie 'n verskynsel uniek aan die moderne Suid-Afrikaanse reg nie, maar is 'n erkende beginsel in beide die gemenereg en die internasionale kinderreg. Met hierdie wyd-verspreide en algemene erkenning ontstaan die vraag, wat dan ook die primêre fokus van hierdie studie vorm, of die beginsel van die beste belang van die kind werkbaar en toepaslik is in ware lewensdramas waar 'n beslissing oor die bewaring van 'n kind gemaak moet word. Die uitdaging vir die toepassing van die beginsels in hierdie konteks is om 'n besluit te neem wat die voortbestaan van die ouer-kindverhouding ten spyte van die verbrokkeling van die huwelik sal verseker. Die vraag is of die beginsel werklik 'n eerlike bewussyn van en verbintenis tot die welstand van kinders skep wat die besluitnemingsproses in hierdie konteks beïnvloed en lei en of howe en besluitnemers bloot die regte lippetaal gebruik om die lukrake manier waarop besluite geneem word te verbloem. Om die werkbaarheid en toepasbaarheid van die beginsel te bepaal is dit nodig om die proses van evolusie van die beginsel in die Suid-Afrikaanse reg onder oënskou te neem. Deur die ondersoek en analise van bestaande literatuur, internationale konvensies, wetgewing en hofuitsprake word 'n aantal perspektiewe op ontwikkelinge in die interpretasie en toepassing van die beginsel voorgelê. Hierdie perspektiewe lei tot die betekenisvolle en opbouende gevolgtrekking en insig dat die waarde van die konsep afhang van 'n korrekte benadering tot die beginsel en sy kenmerke. Die hoofkenmerk van die beste belange van die kind beginsel is die inherente vaagheid en ondefinieerbaarheid daarvan. Hoewel dit die beginsel aan ernstige kritiek onderwerp, ondersteun hierdie studie die argument dat die onbepaaldheid in der waarheid noodsaaklik is. Dit verseker nie alleen buigsaamhied, wat toepassing op alle tye in alle kulturele en sosiale omgewings en besondere omstandighede van 'n spesifieke geval moontlik maak nie, maar ook dat 'n holistiese benadering tot die kind as individue en die gesin as eenheid gevolg word. Hierdie holistiese benadering vorm die grondslag van die lyste van faktore in McCall v McCall 1994 (3) SA 201 (C) en die Wetsontwerp op Kinders 2003 waarmee die werkbaarheid en waarde van die beginsel vir billike en regverdige resultate in alle aangeleenthede rakende die bewaring van kinders verseker kan word.
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Fuchs, Martina. "Die Haftung des Familienhaupts nach Art. 333 Abs. 1 ZGB im veränderten sozialen Kontext /." Zürich ; Basel Genf : Schulthess, 2007. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=016984486&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.
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Gil-Rosado, Marie-Philomène. "Les libertés de l'esprit de l'enfant dans les rapports familiaux /." Paris : Defrénois, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/525241590.pdf.
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Jaku, Danielle Georgia. "Responsible families a critical appraisal of the federal government's reforms /." Master's thesis, Australia : Macquarie University, 2007. http://hdl.handle.net/1959.14/620.
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Thesis (LLM)--Macquarie University. Division of Law.Bibliography: leaves 192-208.
Introduction -- The perceived problems and the new reforms -- The framework for children's matters in Australia -- Families and functions - regulating the Australian family -- Reorganising the gender hierarchy -- Men's movements, misconceptions and misidentifying the real issues -- Problems with "shared parenting": an ideal or a (rebuttable) presumption? -- Mediation not litigation -- Conclusion -- Bibliography.
In this thesis, I critically appraise the latest reforms of the Australian family law system and assess the underlying philosophy of these measures. I specifically analyse the introduction of shared parenting and mandatory family dispute resolution. My starting point is that legislative changes alone cannot be used as a means of social change. Legal models cannot function correctly if they reflect an ideal rather than social reality, and in light of the current reforms, the Australian family law system risks such a fate. The system, which presumes that parents share parental responsibility upon separation (and therefore during the intact family), does not represent social truth. It appears to make an assumption that shared parenting is the societal practice, but I believe the law is really being used to impose such an ideal. If the reforms are to be successful, I argue that substantial social and economic structural change is required, in order to break down the dichotomy between men's and women's roles, which continue to define the male role as economic and public and the female responsibility as care-giving and private. This is particularly important if the Government is genuine about its aim to make parenting gender neutral in practice and not just in theory.
The thesis demonstrates that the reform measures are a response to the perceived rather than real problems identified in the family law system, and that they are largely issues raised under the influence of fathers' rights groups. The response of the Government to remedy the system is therefore flawed as it is based on misconceived notions about the family law system. It incorrectly identifies judicial discretion as a fundamental cause of the problems and tries to replace it with a more rules-based approach to determining children's matters. I suggest that the real problems can be found in the continuance of deeply entrenched customs and gendered role constructions, and the remedies lie in their overhaul. The social culture that makes the mother the primary caregiver and allocates to the father diminished parental responsibility from the time the child is born needs to be transformed. A suitable legal response to the current impasse would be to begin by educating the public about the way the system works and provide counselling to families on how to structure their united life well before they reach the breakdown point. Assisting families while they are still functional, as opposed to when they are dysfunctional, would arguably make a large difference in how the family law system is understood. Moreover, it would be able to facilitate ongoing communication for separating couples and, most importantly, thereby uphold the best interests of the child.
Mode of access: World Wide Web.
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Baumgarten, Steffen. "Die Entstehung des Unehelichenrechts im Bürgerlichen Gesetzbuch /." Köln : Böhlau, 2007. http://deposit.d-nb.de/cgi-bin/dokserv?id=2958542&prov=M&dok_var=1&dok_ext=htm.
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Candia, Ana Carolina Nilce Barreira. "Responsabilidade civil por abandono imaterial (ou afetivo) direto e inverso." Pontifícia Universidade Católica de São Paulo, 2018. https://tede2.pucsp.br/handle/handle/20846.
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Conselho Nacional de Pesquisa e Desenvolvimento Científico e Tecnológico - CNPq
The work at hand intends show that, if one of the parents does not detain custody of the offspring, that is not a factor to allow total absence, even when it already involves support regarding cost of food and other material issues. This is because a parent’s obligation to impute paternal duties cannot be fulfilled without presence. In this way, absence necessarily implies the parent's failure to fulfil the duties of care inherent to the parent’s obligation, that is, it constitutes an unlawful act. The damages resulting from this must, therefore, give rise to the incidence of liability, which is based on the precept of not harming others. Seeking to obey this principle, is that the parent who sees the other parent practicing parental alienation of the child should seek judicial protection in order to cease this act and ensure their right-duty to visit and live with the child. If the father or mother does nothing to stop the parental alienation, he cannot use it as a pretext to exclude civil liability if he practices abandonment, since this scenario would be the act of benefiting from his own inaction, since it would use the omission in not ceasing the alienation in order to avoid the duty of care. On the other hand, if the non-custodian seeks to visit the child, but - for reasons of his own - is faced with rejection by the child, there will be no possibility of parental abandonment to give rise to the obligation to indemnify. Instead, in this hypothesis, there is the practice, by the father or mother, of commissive acts for their convenience. With respect to love, it was verified that the incidence of the indemnity is not for lack of affection, but for lack of care; It should be noted that those who care do not show rejection, even if they do not love. It was also pointed out that biological, adoptive or socio-affective parenthood are equivalent, therefore, the inherent duties are also equivalent. In turn, the one who, although not effecting paternity registration in the civil registry, captivates the infant acting as if the father or mother were, must also respond for the damages caused in case of later abandonment of the minor. This is because it will be faced with non-compliance with the precepts of objective good faith. Following the same logic of reasoning, however, in reverse, we also denote the right of the elderly to family life and the duty of their sons to care for them. Thus, even if there is material costing, the lack of zeal and absence of the offspring when the parents are old constitutes itself as an unlawful act and causes the consequent damages. However, there is an exception to the enforceability of this care, when the child who leaves was once a victim abandoned in childhood or adolescence, that is, he was the victim of an unworthy act that should rule out the enforceability of both food and immaterial care
Dedica-se o presente trabalho a observar que o fato de algum dos genitores não deter a guarda da prole não é fator a permitir a total ausência, ainda que haja o custeio de alimentos e outras questões materiais. Isto porque, o poder familiar imputa deveres paternos que não podem ser cumpridos sem que haja presença. Desta forma, a ausência implica, necessariamente, em inadimplemento, pelos pais, dos deveres de cuidado inerentes ao poder familiar, ou seja, se constitui como ato antijurídico. Os danos decorrentes deste devem, assim, ensejar a incidência da responsabilidade, a qual tem como base o preceito de não lesar a outrem. Buscando obedecer a este princípio, é que o genitor que vê o outro progenitor praticando alienação parental do(a) filho(a), deve buscar tutela jurisdicional a fim cessar este ato e garantir o seu direito-dever de visitar e conviver com o filho. Se o pai ou a mãe nada faz para cessar a alienação parental, não poderá usá-la como pretexto para afastar a responsabilidade civil caso pratique o abandono, vez que esse cenário configuraria o ato de se beneficiar da própria torpeza, pois se utilizaria da omissão em não cessar a alienação para se furtar do adimplemento do dever de cuidado. Por outro lado caso haja busca pelo não guardião em visitar o(a) filho(a), mas este é que – por motivos próprios- pratique a rejeição, não se estará diante de hipótese de abandono paterno a ensejar o dever de indenizar, vez que, nesta hipótese, há a prática, pelo pai ou mãe, de atos comissivos para a convivência. Com relação ao amor, verificou-se que a incidência da indenização não é por falta de afeto, e sim por ausência de cuidado; cabendo notar que quem cuida não demostra rejeição, ainda que não ame. Também se apontou que a paternidade biológica, adotiva ou socioafetiva são equivalentes, portanto, os deveres inerentes também o são. Por sua vez, aquele que, apesar de não efetivar averbação de paternidade no registro civil, cativa infante agindo como se pai ou mãe fosse, também deverá responder pelos danos causados caso posteriormente abandono o menor. Isto porque, estar-se-á diante de descumprimento dos preceitos da boa-fé objetiva. Seguindo a mesma lógica de raciocínio, porém, de maneira inversa, denotamos também o direito dos idosos à convivência familiar e o dever dos filhos cuidarem daqueles. Assim, ainda que haja o custeio de questões materiais, a falta de zelo e ausência da prole quando os pais são idosos se constitui como ato antijurídico a enseja os decorrentes danos. Contudo, há exceção da exigibilidade deste cuidado quando o filho que abandona, outrora foi vítima abandonado na infância ou adolescência, ou seja, foi vítima de ato indigno que deve afastar a exigibilidade tanto de alimentos como de cuidados imateriais
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Kelly, Katherine Patterson Ganong Lawrence H. "Stepping up, stepping back, being pushed, and stepping away the process of making treatment decisions for children with cancer by parents who no longer live together /." Diss., Columbia, Mo. : University of Missouri-Columbia, 2008. http://hdl.handle.net/10355/6867.
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The entire dissertation/thesis text is included in the research.pdf file; the official abstract appears in the short.pdf file (which also appears in the research.pdf); a non-technical general description, or public abstract, appears in the public.pdf file. Title from PDF of title page (University of Missouri--Columbia, viewed on April 1, 2010). Vita. Thesis advisor: Lawrence H. Ganong. "May 2008" Includes bibliographical references
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Howieson, Jillian Alice. "Family law dispute resolution : procedural justice and the lawyer-client interaction." University of Western Australia. Law School, 2009. http://theses.library.uwa.edu.au/adt-WU2009.0109.
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While several Australian and international studies have explored the family lawyer-client interaction, these studies have been limited to investigations of discrete areas of the lawyerclient relationship and have been necessarily limited in their methodologies. The present study employed a quantitative empirical methodology in an Australian wide field study of 230 family lawyers and 94 clients that investigated the family lawyer-client interaction from a procedural justice framework. Using multivariate analyses, the study establishes that the Tyler and Blader two-component model of procedural justice applies in the lawyer-client dyad and is influenced by the approach of the lawyer, the emotional response of the client, and the level of co-party conflict that the client is experiencing. Further, the study gives meaning to the terms 'conciliatory and constructive' and 'adversarial' as they apply to family law dispute resolution. The study establishes a construct to measure the conciliatory and adversarial approach of family lawyers and identifies that lawyers tend to incorporate a mixture of the two into their work. The results also identify four distinct behavioural factors that characterise the two approaches: the client-centred and interest-based factors characterise the conciliatory approach; and the lawyer-directed and court-focused factors characterise the adversarial. The study found that in terms of perceptions of fairness, and feelings of satisfaction, the clients preferred the lawyers who took a client-centred and interest-based approach, but in circumstances where the clients were experiencing high-levels of conflict, or fear for the safety of their children, they also appreciated the lawyer who was lawyer-directed and court-focused. Overall, the study shows that in order to create a fair and satisfying dispute resolution service for their clients, family lawyers need to maintain a fine balance of family lawyering behaviour. On a general level, the study provides a profile of Australian family lawyers in terms of their approach to dispute resolution, their attitude towards ADR processes and their favoured negotiation styles. It also profiles family law clients in terms of their emotional adjustment to the divorce and their perceptions of the family lawyers assisting them to resolve their disputes. The study substantially expands the procedural justice theory base and has significant implications for practical family law education, government policy, family lawyering, and the ADR and collaborative law movements. The study indicates where future research could benefit these communities.
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Matteoli, Anna. "Les conflits de compétence d'attribution en droit de la famille." Thesis, Strasbourg, 2014. http://www.theses.fr/2014STRAA026/document.
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Les juges appelés à connaître des affaires familiales sont nombreux. Le juge aux affaires familiales, le juge des enfants, le juge des tutelles, le tribunal d’instance et de grande instance, le juge du tribunal d’instance, le président du tribunal de grande instance ont tous une part de compétence. Les compétences de ces différentes juridictions peuvent s’entrecroiser et ainsi créer des conflits de compétence d’attribution. Afin d’appréhender de manière raisonnée les questions soulevées, nous proposons de distinguer trois types de conflits : les conflits réels, les conflits apparents et les pseudo-conflits. Les conflits réels naissent lorsque deux juridictions, ayant un pouvoir juridictionnel identique, peuvent se déclarer compétentes pour une même affaire. Dans les conflits apparents, les juridictions semblent avoir les mêmes compétences et un pouvoir juridictionnel identique, mais l’étude des dispositions légales clarifie leur intervention et évite le conflit. En présence de pseudo-conflits, il ne s’agit pas de compétence mais de pouvoir. L’étude des conflits est importante car si la pluralité de juridictions évite une standardisation des rapports familiaux, une meilleure lisibilité des compétences s’impose en droit de la familleIn France, many judges and courts intervene in family. Sometimes it becomes very difficult to know to which judge or court one must turn to. All these courts and judges may be in competition for the same matter, thus creating confusion and conflicts of jurisdiction between themselves. In order to study the outcome of these conflicts, we suggest to distinguish between three types of conflicts: real conflicts, seeming conflicts and pseudo-conflicts. Real conflicts occur when two courts having the same jurisdictional power decide that they are both capable to judge the same case. Seeming conflicts occur each time two courts seem to have the same jurisdiction but further study of legal provisions quickly shows that all conflict is easily avoided. Pseudo conflicts are related to the power to judge. In other words there is no legal base enabling the judge or court (no matter which) to render a decision. Studying these conflicts is important. Indeed, a plurality of courts and judges is necessary so that family cases are not always tried in a standard way. Nevertheless it is also necessary to have a clear view of the different jurisdictions involved in family law
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Brown, James Roger. "Trajectories of parents' experiences in discovering, reporting, and living with the aftermath of middle school bullying." Connect to resource online, 2010. http://hdl.handle.net/1805/2143.
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Thesis (Ph.D.)--Indiana University, 2010.Title from screen (viewed on May 3, 2010). School of Social Work, Indiana University-Purdue University Indianapolis (IUPUI). Advisor(s): Margaret E. Adamek, Valerie N. Chang, Nancy Chism, Rebecca S. Sloan, Lorraine Blackman, Matthew C. Aalsma. Includes vitae. Includes bibliographical references (leaves 216-241).
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Human, Cornelia Sophia. "Invloed van die begrip kinderregte op die privaatregtelike ouer-kind verhouding in die Suid-Afrikaanse reg." Thesis, Stellenbosch : University of Stellenbosch, 1998. http://hdl.handle.net/10019.1/4446.
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Thesis (LLD (Private Law))--University of Stellenbosch, 1998.490 leaves double sided printed, preliminary pages and numbered pages 1-469. Includes bibliography. Digitised using a HP Scanjet 8250 Scanner to pdf format (OCR).
ENGLISH ABSTRACT: The thesis investigates the effect of the recognition of the rights of the child on the parent-child relationship in private law. Rights of the child seem, on the face of it, to undermine parental authority and family values. The impression is created that the state is abdicating its role as protector of the child in favour of unfettered freedom of the child. The delicate balance between individual freedom and family autonomy may in the result also be under threat. It was, therefore, necessary to extend the investigation to include the role of parents and that of the state. The study is divided into three parts. The first contains a theoretical analysis of the concept rights of the child. It is clear that the concept is a manifestation of fundamental human rights. The rights of the child are unique in nature and accommodate the changing phases of dependence and developing abilities of the child. Theoretical analysis negates the perception that the recognition of the rights of the child contributes to erosion of the family: the importance of the commitment of parents and of the state is apparent. The second part consists of a comprehensive review of the parent-child relationship in the South African private law, and an analysis of the public law dimension of the concept rights of the child. This part of the investigation demonstrates that parental authority is firmly rooted in legal history and that substantive private law does not recognise the child as bearer of rights within the context of the family. However, the Bill of Rights and the 1989 United Nations Convention on the Rights of the Child unequivocally give public law status to the child as bearer of rights. The study shows that the private and public law status of a child cannot be isolated from one another and that adaptations will have to be made to implement the rights of the child. In the third part of the study an attempt is made to identify the kind of adaptation that must be made. The impact of the idea of the rights of the child upon the parent-child relationship in private law is investigated. Australian and Scottish law are examples of legal systems which endeavour to implement fully the concept of the rights of the child. Indigenous law places a high value on human dignity. The interaction between rights and duties in indigenous systems reflect values which are inherent in the idea of the rights of the child. The study shows that the impact of the rights of the child on the parent-child relationship is such that change and adaptation of private law is necessary. Change and adaptation are required at both theoretical and practical level. A number of obstacles which may inhibit the process of change are identified. Finally, the kind of change and adaptation required is illustrated by a number of practical examples of the impact ofchange on the parent-child relationship.
AFRIKAANSE OPSOMMING: Daar word in hierdie proefskrif gepoog om te bepaal wat die effek van die erkenning van kinderregte op die ouer-kind verhouding in die privaatreg is. Kinderregte skep op die oog af die persepsie dat ouerlike gesag en gesinswaardes onderrnyn word en dat die staat sy rol as beskerrner van 'n kind abdikeer ten gunste van onbeperkte vryhede aan 'n kind. Die delikate balans tussen individuele vryhede en gesinsoutonomie is in gedrang en op hierdie wyse word die rol van ouers en die staat ook by die ondersoek betrek. Die studie behels 'n drieledige ondersoek. In die eerste plek vind 'n teoretiese ontleding van die begrip kinderregte plaas. Hierdie ondersoek toon aan dat kinderregte 'n verskyningsvorrn van fundamentele menseregte is. Kinderregte het 'n eiesoortige aard en akkommodeer die wisselende fases van afhanklikheid en ontwikkelende verrnoens van 'n kind. Die betrokkenheid van ouers en die staat word beklemtoon en die teoretiese uitgangspunt besweer gevolglik negatiewe persepsies dat die erkenning van kinderregte tot gesinsverbrokkeling sal meewerk. Die tweede deel van die ondersoek bestaan uit 'n volledige uiteensetting van die ouerkind verhouding in die Suid-Afrikaanse privaatreg en 'n ontleding van die publiekregtelike dimensie van die begrip kinderregte. Hierdie deel van die ondersoek bewys dat ouerlike gesag regshistories sterk fundeer is en dat die substantiewe privaatreg nie die kind as draer van regte binne gesinsverband erken nie. Daarteenoor verleen die Handves van Regte en die Verenigde Nasies se Konvensie op die Regte van die kind 1989 'n duidelike publiekregtelike status aan die kind as draer van regte. Die ondersoek toon aan dat die privaatregtelike en publiekregtelike status van 'n kind nie van mekaar gelsoleer kan word nie en dat aanpassings sal moet plaasvind ten einde kinderregte te implementeer. Die tipe aanpassings wat gemaak sal moet word, vloei voort uit die derde element van hierdie studie. Hierdie deeI van die studie behels 'n toepassing van die idee van kinderregte op die ouer-kind verhouding in die privaatreg. 'n Regsvergelykende element word betrek en die Australiese en Skotse reg word as modelle van 'n regstelsel voorgehou wat poog om kinderregte tot sy volle konsekwensies te implementeer. Vir doeleindes van interne regsvergelyking word daar ook na die inheemse reg verwys. Die hoe premie wat laasgenoemde regstelsel op menswaardigheid plaas en die wisselwerking tussen regte en verpligtinge verteenwoordig waardes wat eie aan die idee van kinderregte is. Die gevolgtrekking is dat die effek van kinderregte op die ouer-kind verhouding van sodanige omvang is dat aanpassings in die privaatreg sal moet plaasvind. Veranderings in regsdenke en formele aanpassings word vereis en 'n aantal struikelblokke wat deel van hierdie proses is, word uitgelig. Sekere praktiese implikasies vir die ouer-kind verhouding word ook voorgehou ten einde te illustreer wat die aard van die aanpassings is wat vereis word.
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Almeida, Maria Juliana Andrade [UNESP]. "As representações sociais de pais sobre a pensão alimentícia: entre a ajuda e o direito." Universidade Estadual Paulista (UNESP), 2011. http://hdl.handle.net/11449/98579.
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almeida_mja_me_fran.pdf: 761304 bytes, checksum: 32d85216cec7deaef2fae430233d0bd8 (MD5)Esta pesquisa tem como objetivo compreender as representações sociais da Pensão Alimentícia para homens-pais que são separados. Localiza-se no campo de estudos sobre família e utiliza como referencial a Teoria das Representações Sociais, por considerar que visa legitimar a importância do senso comum e das práticas coletivas para a compreensão dos fenômenos sociais. A revisão da literatura priorizou estudos sobre as atuais configurações de família e a legislação que normatiza o pagamento da pensão alimentícia. A pesquisa de campo foi realizada por meio de entrevistas estruturadas com sete sujeitos que tinham ações judiciais em andamento na Comarca de Pratápolis-MG ou que buscaram atendimento junto ao Serviço Social Judicial, com relação à Pensão Alimentícia. Utilizou-se o Método Hermenêutico Dialético na análise das entrevistas, o qual organizou as discussões da Pensão Alimentícia em dois eixos temáticos: A) Pensão Alimentícia e B) Paternidade. Este estudo propõe-se a dar centralidade à figura do homem-pai, visto que, embora se fale muito em família, tem sido dada certa prioridade aos estudos com crianças, jovens, mulheres e idosos. Observa-se ainda que se tem dado ênfase à materialidade e esquecido a questão da afetividade que permeia a relação entre pais e filhos. Nesta pesquisa, apresentamos as dificuldades vivenciadas pelos pais no pagamento da pensão alimentícia, dificuldades de ordem material e também de ordem relacional, na convivência com as mães dos filhos e também com os filhos
Esta pesquisa tiene como objetivo comprender las representaciones sociales de la Pensión Alimenticia para hombres-padres que son separados. Ubicase en el campo de los estudios sobre familia y utiliza como referencial la Teoría de las Representaciones Sociales por considerar que propone legitimar la importancia del sentido común y de las prácticas colectivas para la comprensión de los fenómenos sociales. La revisión de la literatura dio prioridad a los estudios sobre las actuales configuraciones de la familia y la legislación que regulariza el pagamiento de la Pensión Alimenticia. La pesquisa de campo fue realizada por medio de entrevistas estructuradas con siete individuos que tenían acciones en tramitación en la comarca de Pratápolis-MG ó que buscaran atención junto al servicio social judicial con relación a Pensión Alimenticia. Se utilizo el método hermenéutico dialéctico en el análisis de las entrevistas que organizó las discusiones de la Pensión Alimenticia en dos ejes temáticos: A) Pensión Alimenticia; B) Paternidad. Este estudio se propone dar centralidad a la figura del hombre-padre, visto que, aunque se hable mucho en familia, ha sido dada cierta prioridad a los estudios con niños, jóvenes, mujeres y ancianos. Se observa todavía que se ha dado énfasis a la materialidad y se ha olvidado la cuestión de la afectividad que está en medio de la relación entre padres e hijos. En esta pesquisa, presentamos las dificultades vividas por los padres con el pagamiento de la Pensión Alimenticia., dificultades de orden material y también de orden relacional, en la convivencia con las madres de los hijos y también con los hijos
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Kress, Viktoria. "Internationale Zuständigkeit für elterliche Verantwortung in der Europäischen Union : das neue europäische Familienverfahrensrecht in Fragen der elterlichen Verantwortung im Kontext der Haager Abkommen /." Frankfurt am Main [u. a.] : Lang, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/507193644.pdf.
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Almeida, Maria Juliana Andrade. "As representações sociais de pais sobre a pensão alimentícia : entre a ajuda e o direito /." Franca : [s.n.], 2011. http://hdl.handle.net/11449/98579.
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Orientador: Ana Cristina Nassif SoaresBanca: Geraldo Romanelli
Banca: Helen Barbosa Raiz Engler
Resumo: Esta pesquisa tem como objetivo compreender as representações sociais da Pensão Alimentícia para homens-pais que são separados. Localiza-se no campo de estudos sobre família e utiliza como referencial a Teoria das Representações Sociais, por considerar que visa legitimar a importância do senso comum e das práticas coletivas para a compreensão dos fenômenos sociais. A revisão da literatura priorizou estudos sobre as atuais configurações de família e a legislação que normatiza o pagamento da pensão alimentícia. A pesquisa de campo foi realizada por meio de entrevistas estruturadas com sete sujeitos que tinham ações judiciais em andamento na Comarca de Pratápolis-MG ou que buscaram atendimento junto ao Serviço Social Judicial, com relação à Pensão Alimentícia. Utilizou-se o Método Hermenêutico Dialético na análise das entrevistas, o qual organizou as discussões da Pensão Alimentícia em dois eixos temáticos: A) Pensão Alimentícia e B) Paternidade. Este estudo propõe-se a dar centralidade à figura do homem-pai, visto que, embora se fale muito em família, tem sido dada certa prioridade aos estudos com crianças, jovens, mulheres e idosos. Observa-se ainda que se tem dado ênfase à materialidade e esquecido a questão da afetividade que permeia a relação entre pais e filhos. Nesta pesquisa, apresentamos as dificuldades vivenciadas pelos pais no pagamento da pensão alimentícia, dificuldades de ordem material e também de ordem relacional, na convivência com as mães dos filhos e também com os filhos
Resumen: Esta pesquisa tiene como objetivo comprender las representaciones sociales de la Pensión Alimenticia para hombres-padres que son separados. Ubicase en el campo de los estudios sobre familia y utiliza como referencial la Teoría de las Representaciones Sociales por considerar que propone legitimar la importancia del sentido común y de las prácticas colectivas para la comprensión de los fenómenos sociales. La revisión de la literatura dio prioridad a los estudios sobre las actuales configuraciones de la familia y la legislación que regulariza el pagamiento de la Pensión Alimenticia. La pesquisa de campo fue realizada por medio de entrevistas estructuradas con siete individuos que tenían acciones en tramitación en la comarca de Pratápolis-MG ó que buscaran atención junto al servicio social judicial con relación a Pensión Alimenticia. Se utilizo el método hermenéutico dialéctico en el análisis de las entrevistas que organizó las discusiones de la Pensión Alimenticia en dos ejes temáticos: A) Pensión Alimenticia; B) Paternidad. Este estudio se propone dar centralidad a la figura del hombre-padre, visto que, aunque se hable mucho en familia, ha sido dada cierta prioridad a los estudios con niños, jóvenes, mujeres y ancianos. Se observa todavía que se ha dado énfasis a la materialidad y se ha olvidado la cuestión de la afectividad que está en medio de la relación entre padres e hijos. En esta pesquisa, presentamos las dificultades vividas por los padres con el pagamiento de la Pensión Alimenticia., dificultades de orden material y también de orden relacional, en la convivencia con las madres de los hijos y también con los hijos
Mestre
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Copur, Eylem. "Gleichgeschlechtliche Partnerschaft und Kindeswohl /." Bern : Stämpfli Verl, 2008. http://deposit.d-nb.de/cgi-bin/dokserv?id=3072567&prov=M&dok_var=1&dok_ext=htm.
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Campbell, Alan. "The voice of the child in family law: whose right? : who's right?" 2004. http://arrow.unisa.edu.au:8081/1959.8/24966.
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This thesis explores children's perceptions of their ability to participate in decisions that directly affect them following parental separation. Taking a postmodern approach, the thesis argues that the concepts of 'the child' and 'childhood' are social constructs produced by discourses that have arisen from historical accounts of the position of children in 'adult' society. The knowledge thus produced constructs children as incomplete beings, vulnerable and unable to understand significant issues such as those associated with parental separation. Consequently, children are marginalised, 'othered' and denied the opportunity to participate in decisions that directly affect them. After reviewing the ways in which discourses operate to subjectify children in this way, the thesis explores an alternative construction of children as competent and resilient, able to participate with their adult counterparts in decision-making activities. The potential for the provisions of both the United Nations Convention on the Rights of the Child and the Australian Family Law Reform Act 1995 to reconstruct children in this way is explored. Reviews of the literature indicated that Australian children had not been included in research and discussions about their involvement in decisions that directly affected them. Consequently, this research undertook in-depth interviews of sixteen children between the ages of 7 and 17 years. Their views about their abilities to participate in decisions that directly affect them are reviewed in relation to the different discourses identified in the literature. The extent to which children?s understandings reflect these discourses is considered. The thesis argues that much is still to be achieved. A review of the findings includes an account of the difficulties experienced in recruiting children for this project and suggests that the social construction of children continues to position them as vulnerable and incompetent. It is argued that the constructs of 'competence', 'age' and 'maturity' are not useful indicators of children's abilities to make decisions; thus, a 'new' construction of children, based on greater adult understanding of their unique experiences and understandings, is suggested. In relation to decisions that affect children following parental separation, the thesis makes a number of suggestions that support an exploration of creative initiatives that reflect the children's views.PhDSocialScience
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Lian, Shing-Yao, and 連星堯. "The Confirmation of Parent-Child Relationship – A Study from the Law of Domestic Proceedings." Thesis, 2015. http://ndltd.ncl.edu.tw/handle/52719294320512366513.
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碩士銘傳大學
法律學系碩士班
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The parent-child relationship is the most basic and most important relationship of identity in a family. And, to confirm the true father’s blood is also a fundamental right of the child. So we can know that Family law is particularly important. However, our Family law for the presumption of legitimacy, disavowal of legitimacy and acknowledgement has amended many times in recent years, because of the social and values change. Observe the legislative intent and trends, we also can find that we more and more put emphasis on the family rights and interests, like the gender equality, to ensure the best interests of child and keeping stable of the relationship. But, Family law (in Civil Law) is just a substantive law. If we want to implement the provisions of the substantive law, the procedural law is also indispensable. In the past, there were relevant provisions under the Section 568 of Code of Civil Procedure. But now, we have a new law, “the Law of Domestic Proceedings”. And we legislate for this new law in order to appropriately and promptly deal with the domestic cases, keeping human dignities, protection of gender equality and for the best interests of children. The Law of Domestic Proceedings is a special law, and has the new rules for the action of parent-child relationship. So I believe it has the value to research, and wrote this article about the rules of parent-child relationship. At the first, I would introduce and comment on the special rules of the Law of Domestic Proceedings (e.g. mediation, the party''s standing to bring a suit, process capability and the representative in the law of domestic proceedings). Then, I would combine substantive law with procedural law to investigate the presumption of legitimacy, disavowal of legitimacy, the elements of acknowledgement institution, the disputes of disavowal of acknowledgement, revocation of acknowledgement and nullification of acknowledgement. I hope to find the issues on apply to the Civil Law with the Law of Domestic Proceedings and put forward some opinions to solve it.
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Nicholls, Gordon Charles. "Towards children's rights in the home : a philosophical consideration of the parent child relationship in the era of human rights and the concept of an 'enlightened parent'." Thesis, 2006. http://hdl.handle.net/10413/5214.
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Research on children's rights very often deals with the legal aspects of their rights, based on perceived protection and provisioning needs, and focussed on deficiencies in children's lives. There is obviously a place for such considerations. It is rare however for writers on children's rights to deal with the personal, ontological and moral rights of children in a principled way. This study aims to address this deficit and reveal the
axiomatic and essential rights of children in their home setting. The standing of children's rights in the Republic of South Africa (RSA) is reviewed. Although the primary focus will be on the South African situation, it will be illuminated by references to cogent international experience and positions, apposite to the prosecution and theme of this study. This is appropriate, as South Africa is integral to the international initiatives and imperatives in human rights, especially as they apply to
children. In terms of the South African state, children's rights have been given formal recognition in the Constitution, as well as in laws and policies flowing there from. It is noted that there may be deficiencies in the implementation and realisation of these rights in practice, however. Only a fraction of children's rights apply in the public sector. Children live their lives predominantly in the home and so the realisation of their rights very often comes down to the attitudes and actions of their parents, in a horizontal application of the Bill of Rights. This study explores what rights children should be bestowed by their parents in their home and according to what values and criteria. The traditional and emerging roles of parents are considered, as they relate to the realisation of rights by their children. The evolution of the concept of childhood is explicated, including social change advocacy and social movements designed to assist children to realise their rights optimally. This study is not based on legal rights per se, but is predicated on an ontological vision of personhood, as it applies to children. Instead of natural rights, the fundamental and universal values that underlie human rights are considered. These values include respect for person, dignity , equality, autonomy, freedom and justice for children in their relationships with their parents. In order to generate the debate on children's rights in the home, two exemplars are considered, based on first principles and fundamental, axiological values. The first exemplar is the child's right not to receive corporal punishment from parents. The second exemplar considers the child's right to realise freedom of religion in the home, including the right to hold different religious beliefs from his or her parents, and to act on these beliefs, in contradistinction to the religion espoused by his or her parents. The thesis contained in this study is that children's rights can only be realised and assured if parents treat their children as persons of worth and dignity, and raise them to become fully functioning adults. The concept of an 'enlightened parent' is critical, if children are to realise their rights. Enlightened parenting involves a lifetime of support and education by parents in order to assist their children to achieve their own special ends as persons. The concept of an 'enlightened parent' is proposed as the portal through which children's rights will be realised. An 'enlightened parent', as the ideal type of parent, should form the basis on which an advocacy campaign should be mounted to enhance the realisation of children's rights in the private domain. The values implicit in an 'enlightened parent' are briefly sketched, incorporating critical values such as tolerance, good will, respect, care, concern and unconditional positive regard. These are the relational values between parents and children that will deliver the human rights values, and therefore ensure, in effect, the accomplishment of children's rights.Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2006.
36
Morei, Neo Lenah. "A critical analysis of the impact of the constitution on the legal position of unmarried fathers in south african law / Neo Lenah Morei." Thesis, 2008. http://hdl.handle.net/10394/13387.
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37
Parsee, Niroshini. "Custody and access of children by gay and lesbian parents in post- divorce situations : a South African and comparative analysis." Thesis, 2002. http://hdl.handle.net/10413/5157.
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38
Luo, Kao-Yang, and 陸皋揚. "A Study on Judicial Succor for Child-Raising of Single Parent Families – From the point of view of Sociology of Law." Thesis, 2008. http://ndltd.ncl.edu.tw/handle/81039234374592133878.
Full textAbstract:
碩士元智大學
資訊社會學研究所
96
Inappropriate child-raising after a divorce is one of the main reasons that a single parent family becomes a poor family. Faced such increasing family disputes, it is necessary that national laws timely intervene to deal with the disputes. This study aims to probe Taiwan’s current difficult situations that single parent families face when they raise their minor children. Especially in respect to the heavy economic burden, the theory of Sociology of Law is employed to analyze the intension of legal system in regard to the family law. In addition, the British policy applied to child-raising of single parent families is compared with the current situation in Taiwan in order to probe the feasibility of supporting single parent families to raise their children by judicial succor. Archival research, the comparison method and the interview survey are used in this study. The social sequences occurring after the application of the British Child Support Act is first compared with the current social situations of single parent families in Taiwan. Then we compile statistics of the judgments of alimony claim cases passed by law courts and of the results of forcible execution of alimony claim cases for the systematic quantitative analysis. Furthermore, justices who actually judge alimony claim cases are interviewed for qualitative analysis of empirical survey. The study results are as follows: 1. The Child Support Act: the act shows good outcomes in implementing the protection for basic human rights of children, mitigating the fiscal burden of national welfares, improving single parent families’ state of economy against a vicious circle of poverty, encouraging both fathers and mothers to jointly share responsibility for child-raising, and giving consideration to the rights of children who are in remarried families. It is worth learning from the policy model of Britain that the national force intervenes in the child raising of single parent families. 2. The judgments of alimony payment passed by law courts and the result analysis of forcible execution: the lawsuits to claim alimony against fathers that are filed and won account for the greater proportion at 79.5%. In respect to the result of forcible execution in accordance with judgments of alimony payment passed by law courts, 50.4% of cases are fully unpaid and 38.4% of cases are partially paid, totaling to 88.8%. None of cases are fully paid after the execution. 3. Justices’ attitude to the judgment and the policy of the alimony payment for child-raising: (1) there is a general consensus among experts that either separation or divorce has no effect on the responsibility for minor child-raising. (2) In respect to the alimony claim for child-raising, most of experts are of the opinion that it is more disadvantage to parents who have guardianship. (3) Is it necessary for a nation to stipulate manners for ensuring the performance of alimony payment in addition to the forcible execution procedure when minor children claim the alimony payment? Most experts are of the opinion that it is not necessary because the current regulations of forcible execution are sufficient to reach the objective. However, two experts argue that the execution of alimony payments is characteristically different from the forcible execution of general rights and obligations. There should be a specific chapter stipulated for assurance of performance.
39
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.
40
Broadhurst, K., Kim Holt, and P. Doherty. "Accomplishing parental engagement in child protection practice?: A qualitative analysis of parent-professional interaction in pre-proceedings work under the Public Law Outline." 2011. http://hdl.handle.net/10454/9044.
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41
Kruger, Johanna Margaretha. "Judicial interference with parental authority: a comparative analysis of child protection measures." Thesis, 2003. http://hdl.handle.net/10500/2545.
Full textAbstract:
Since parental authority in South African law is based on German customary law, and not on Roman law, it exists for the protection of the child. Various protective measures exist to ensure that this goal is reached, mainly in the form of judicial interference with parental authority. An example is the termination of parental authority, or some of its incidents, by means of a court order. This takes place either in terms of the common-law authority of the High Court, or in terms of certain statutory provisions. One of the statutory provisions in terms of which the children's court can terminate some of the incidents of parental authority, is the Child Care Act 74 of 1983. If the children's court is of the opinion that a child is in need of care, it can order that the child be returned to the custody of its parents, or that the child be placed in foster care, or in a children's home or school of industries. There is at present no mechanism in the Child Care Act for ensuring legal representation for children. The draft Children's Bill expands the possible orders that the children's court can make and further provides that a child is entitled to legal representation in children's court proceedings, if necessary at state expense. In New Zealand, families participate in decision-making regarding children in need of care by means of the family group conference. In Scotland, children in need of compulsory measures of supervision are dealt with by a lay tribunal known as the children's hearing. The global movement to recognise and protect both the welfare and autonomy rights of children formed the basis of international-law protection of children, and the children's clause contained in section 28 of the Constitution of the Republic of South Africa 108 of 1996. In order to ensure that the protective goal of child law is reached, I propose that a multidisciplinary lay tribunal be instituted in South Africa to deal with children in need of care, and that legal representation for children in children's court proceedings be made compulsory in certain circumstances.Private Law
LL. D.
42
Wang, Sing-Ning, and 王心寧. "A study on the parent-child relationship in the upper class of Singapore through three movies：Just Follow The Law. Money No Enough II. I Not Stupid Too directed by Jack Neo." Thesis, 2012. http://ndltd.ncl.edu.tw/handle/52126647217168587765.
Full textAbstract:
碩士國立暨南國際大學
東南亞研究所
100
The Singaporean director Jack Neo is good at depicting the lives of grass-roots groups in Singapore. In this study, the movies “Just Follow The Law,” “Money No EnoughⅡ,” and “I not Stupid Too” directed by Jack Neo will be analyzed for discussing the problems of parent-child relationship in the elite groups in Singapore. The core of the discussion will be how elite groups that overly emphasize exam-oriented education to have harmonious parent-child relationship? Though the movies, director Jack Neo not only pointed out the problems of filial piety and fraternal duty, healthcare system, insurance system, and exam-oriented education in Singaporean elite groups, but also told audience that there will be more conflicts and contradiction in a society if people value only the elite groups but neglect others. This study used textual analysis method for discussing the movies, observing the images of elite people that the movies depicted so as to understand the history and development of them. The analysis will be focused on the parent-child relationship in the elite groups. Through this study, I hope the problems of the parent-child relationship in the elite groups can be noticed by people and thus enhanced. Through this study, I hope the problems of the parent-child relationship in the elite groups can be noticed by people and thus enhanced.
43
Venter, Ivanda. "Die inhoud van ouerlike gesag, quo vadis?" Diss., 2005. http://hdl.handle.net/10500/1253.
Full textAbstract:
Through the centuries the parental authority has dwindled from the absolute power of the father to the rights of autonomy of the child. At present in the South African law the parental authority is still largely determined by the common law and can be described as the sum total of rights and obligations which parents enjoy in relation to their children. Guardianship and custody are the separate incidents of parental authority. The Child Care Act 74 of 1983, The Constitution of the Republic of South Africa 108 of 1996, The Guardianship Act 192 of 1993, The Choice on Termination of Pregnancy Act 92 of 1996, the ratification of the United Nations Convention on the Rights of the Child 1989 by South Africa on 16 June 1995 and case law have contributed to increasing limitations on the exercise of parental authority. A balance needs to be found between the parental authority and the rights of the child to ensure that neither is absolute. Parents need to respect the evolving capacities of the child and children need to respect the guidance of the parents.Jurisprudence
LL.M
44
Du, Plessis Hendrika Louisa. "Bewyslewering van ouerlike onbevoegdheid binne die konteks van kinderbeskerming." Thesis, 2014. http://hdl.handle.net/10210/9253.
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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
46
Ferreira, Sandra. "Interracial and intercultural adoption : a South African legal perspective." Thesis, 2009. http://hdl.handle.net/10500/2881.
Full textAbstract:
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.
47
Mashamba, Magala Erick. "Parents' participation in the implementation of diversion programmes : suggestions for probation practice." Diss., 2020. http://hdl.handle.net/10500/27211.
Full textAbstract:
Throughout the world, the need to protect children’s rights has proliferated through international conventions and national laws, therefore, parents add immense value as participants in diversion programmes. The dearth of research studies on parents as participants in diversion programmes is documented internationally and in South Africa. This is an exploratory-descriptive- contextual and phenomenological study that is steeped in qualitative research approach. The study was guided by Risk-Need Responsivity Model for offender assessment and rehabilitation (Bonta & Wormith, 2010).
Data collection was done through semi-structured, face-to-face interviews. Snow-ball and purposive sampling were used. Prior to actual data collection, pilot testing was conducted to determine the validity and reliability of the data collection tool. Data was analysed through thematic content in accordance with Creswell’s (2014:196) six steps of data analysis and verified according to Lincoln and Guba’s model of 1994 and Yin’s 2018 model.
In order to ensure adherence to ethical prescripts, the following were applied throughout the study; informed consent, confidentiality, anonymity, beneficence, management of information and debriefing. The key finding is that parents are not involved in the diversion prorammes. This study will close literature gap whilst it recommends development of policy guidelines for parental involvement in diversion.Social Work
M.A.(Social Work)
48
TOLAROVÁ, Jitka. "Rozvodový proces a jeho vliv na socioemocionální vývoj dětí." Master's thesis, 2019. http://www.nusl.cz/ntk/nusl-393952.
Full textAbstract:
The thesis deals with the divorce process, whose problem course has a negative influence on the development of children. The aim of the thesis is to clarify whether the divorce process influences the socioemotional development of children, to describe the issue of divorce in contemporary society, and persue source of undesirable phenomena that bring long-term conflicts between parents. Complicated cases of children who find themselves in the middle of relationship between parents are still increasing.
49
Lüneburg, Liezel. "Die impak van die MIV/VIGS-pandemie op sekere aspekte van die Suid-Afrikaanse kinderreg." Thesis, 2008. http://hdl.handle.net/10500/2419.
Full textAbstract:
Text in AfrikaansDie MIV/vigs-pandemie in Suid-Afiika- van die ergste in die wereld- toon geen tekens van afname nie. Miljoene kinders is reeds of wees gelaat of hewig geaffekteer deur die magdom impakte daarvan op gesinne en gemeenskappe. Die epidemie het voortdurend stygende sterftesyfers tot gevolg en die hewige las van die siekte rus swaar op MIV-positiewe sowel as MIV-negatiewe individue. Verder word tradisionele ondersteuningsnetwerke oorbelaai en/of gaan hulle tot niet. Gesinne en gemeenskappe verloor hul ekonomiese, sosiale en kulturele lewensvatbaarheid. Die pandemie hou, veral onder die armes, 'n geweldige bedreiging vir die gesondheid, welstand en regte van babas, kinders en jongmense in. 'n Groot gedeelte van die impak van MIV/vigs hou verband met die feit dat sommige kinders en hul gesinne beperkte toegang tot die elemente van 'n gesonde omgewing en goeie gesondheid het. Regerings, gemeenskappe en gesinne wat deur MIV/vigs geraak word, het minder tyd, energie en finansiële hulpbronne beskikbaar om op voorkomende gesondheidsorg te fokus. Benewens die impak op gesondheidstatus, word kinders se omstandighede ook as gevolg van MIV/vigsverwante probleme bemoeilik. Dit sluit verhoogde gesinsarmoede, 'n hoer risiko van verlating en weeslating, geforseerde migrasie, onterwing, sielkundige trauma, uitsluiting en diskriminasie, en fisiese en seksuele mishandeling in. Die derde vlaag van die epidemie, welke vlaag nou betree word, word gekenmerk deur 'n ontsettende hoe sterftesyfer, 'n ontploffing in die getal sorgbehoewende en weeskinders en 'n verhoging in menslike pyn en lyding. Die reg speel 'n baie belangrike rol in die beperking van hierdie impak van die MIV/vigs-pandemie op die lewens van alle kinders. MIV/vigs-reg is in die proses van evolusie of vorming en reeds bestaande teorieë kan aangewend word ten einde sekere vrae te beantwoord en probleme daaromtrent aan te spreek. Tog is daar 'n dringende behoefte aan MIV/vigs-spesifieke wetgewing en teorieë ten einde die impak van die pandemie op alle vlakke suksesvol te beheer. Verder het die Kinderreg so 'n mate van ontwikkeling bereik dat daar algemeen aanvaar word dat kinders 'n spesiale belangegroep binne die gemeenskap vorm. Die regsreëls met betrekking tot kinders verander gedurig en is ook nie geskik om volgens die tradisionele wyse, as privaat- of publiekreg, geklassifiseer te word nie. In die hieropvolgende proefskrif word die impak van MIV/vigs op sekere publiekregtelike, maar oorwegend privaatregtelike aspekte van die Suid-Afiikaanse kinderreg ondersoek, sowel as enkele metodes waarop die reg moontlik hierdie impak kan absorbeer en hanteer. Daar word ook in aparte hoofstukke na die impak van MIV/vigs op die lewens van kinders. sorgbehoewende kinders, egskeiding en die ouer-kind-verhouding verwys The HIV/aids pandemic in South Africa - one of the worst in the world - does not seem to be decreasing. Millions of children have already been either orphaned or heavily affected by the numerous impacts on families and communities associated with it. The epidemic brings on an ever-increasing mortality rate and the extreme burden thereof weighs down heavily on HIV-positive as well as HIV-negative individuals. Traditional support networks are further being heavily burdened or perish entirely. Families and communities lose their economical, social and cultural viability. The pandemic threatens, especially among the poorest, the health, wellbeing and rights of infants, children and young people. The impact of HIV/aids is to a great extent the result of the fact that some children and their families do not have sufficient access to a healthy environment and good health. Governments, communities and families affected by HIV/aids have less time, energy and financial resources available in order to enable them to focus on preventive healthcare. In addition to the impact on health status, children's circumstances are also being encumbered by HIV/aids-related problems, including family poverty, a higher risk of being abandoned or orphaned, forced migration, disinheritance, psychological trauma, ostracism and discrimination and physical and sexual abuse. The third wave of the epidemic, which wave is presently being experienced, is characterised by a high mortality rate, an increasing amount of children in need of care and orphaned children and an increase in human pain and suffering. The law plays an important role in the limitation of the impact of the HIV/aids pandemic on the lives of children. HIV/aids law is in the process of evolution or forming and existing theories can be used in order to answer certain questions and address certain issues relating to it. However, there is an urgent need for HIV/aids-specific legislation and theories in order to successfully manage the impact of the pandemic on all levels. Child law has also reached such an extent of development that children is now viewed as a special interest group within the community. The legal principles regarding children change constantly and cannot be classified in the traditional way, which is either as private or public law. In this thesis the impact of HIV/aids on certain aspects of the public and private law pertaining to children is examined. Ways in which the impact can be absorbed and managed by the law is also examined. The impact of HIV/aids on divorce, the parent-child relationship, children in need of care, and the impact of HIV/aids on the lives of children is examined in separate chapters.
Jurisprudence
LL. D.
50
Maré, Louis. "The feasibility of compensated surrogacy in South Africa: a comparative legal study." Diss., 2016. http://hdl.handle.net/10500/22244.
Full textAbstract:
The following is a study and comparison of the various types of surrogacy currently
being implemented locally and internationally and the laws surrounding it. I discuss the
current South African legal framework on surrogacy and summarise the relevant
legislative provisions whilst also further discussing the provisions prohibiting commercial
surrogacy and the reasons behind them. Thereafter an investigation follows into other
counties in respect of their individual laws regulating surrogacy and more specifically,
commercial surrogacy. I discuss how these countries attempted to regulate commercial
surrogacy and which regulations were a success and which weren‘t. The various
international laws and regulations surrounding surrogacy as well as commercial
surrogacy is then compared and discussed in a South African context. A discussion on
the intertwined constitutional rights of the surrogate mother, commissioning parents and
child follows and in conclusion I offer some recommendations on how to go about
legalising commercial surrogacy safely and successfully implementing it free from
exploitation.Private Law
LL.M. (Specialisation in Private Law)