Bibliografías temáticas / Child abuse – Law and legislation – Congresses

Literatura académica sobre el tema "Child abuse – Law and legislation – Congresses"

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Publicado: 26 de julio de 2024

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Artículos de revistas sobre el tema "Child abuse – Law and legislation – Congresses"

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Woiwod, Dayna M. y Deborah A. Connolly. "Continuous Child Sexual Abuse". Criminal Justice Review 42, n.º 2 (22 de mayo de 2017): 206–25. http://dx.doi.org/10.1177/0734016817704700.

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Due to calls for reform of legislation that accounts for the difficulties complainants of repeated child sexual abuse (CSA) face when asked to particularize individual acts, jurisdictions in the United States and Australia have adopted continuous CSA statutes. Continuous CSA statutes allow for reduced particularity of individual instances when abuse is repeated. In this article, we discuss particularization requirements and how they are adapted in current jurisdictions in the United States and Australia with continuous CSA statutes. We then discuss the relevant research on children’s memory for repeated events and frequency to discuss how current and future research can inform the criteria for the charge. Our goal in this article is to inspire thoughtful discussion of continuous CSA legislation, and how current and future psychological research can advance the criteria for the charge. As more jurisdictions consider adopting these statutes, it would be helpful for psychologists and legal professionals to work toward developing a consensus on the criteria for the charge that balances both the victim’s capabilities to particularize repeated CSA and various rights of the accused.
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Akhtar, Zia. "Native Family Law, Indian Child Welfare Act and Tribal Sovereignty". First Peoples Child & Family Review 7, n.º 2 (30 de abril de 2020): 130–47. http://dx.doi.org/10.7202/1068846ar.

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There has been historical abuse of Native American children in the U.S. which began in the late 19th century in what is known as the residential school movement. It led to their forced integration on pain of removing and eradicating traces of their Indian heritage. The lack of protection for Indigenous children in being transferred from the reservations to non- Indian foster parents caused the U.S. Congress to use their legislative power and enact the Indian Child Welfare Act of 1978 [ICWA]. This has intervened in a process that is aimed at keeping Native American children within the tribe of their parents over the last 35 years. The result of the ICWA is that it has led to the greater supervision by tribal courts over children but it has caused a conflict to arise with the state courts due to jurisdictional reasons that allows guardianship and supervision to non-Indian parents. The Arizona Court of Appeals has recently ruled in Navajo Nation v. Arizona Department of Economic Security (2012) CA-JV 11-0123 that an Indian child can stay with his non-Native foster parents despite the protests of the tribe that it was infringing the provisions of the statute. This article is intended for the practitioner and policy makers and brings to the fore the issues of the preservation of children on reservation lands, and the need for a greater care consideration in the determination if they should be transferred to foster parents outside the tribe’s jurisdiction. It also conducts a comparison with Canada where First Nations children have also suffered abuse and where there is an ongoing debate about the course of action to prevent the appropriation of children from the reserves to live with the non-Native foster parents.
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Ajzenstadt, Mimi y Gabriel Cavaglion. "Sociological Perspectives on the Origins of Child Abuse Legislation in Israel". Israel Law Review 37, n.º 1 (2003): 169–96. http://dx.doi.org/10.1017/s0021223700012437.

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AbstractThis paper examines the historical background and the social processes that have changed the perception of child abuse in Israel from almost complete lack of awareness to concern and formal societal reaction during the 1990s. The recent emergence of child abuse as a social problem and the consequent actions of scrutiny and surveillance through legislation, law enforcement, punishment and educational prevention is set within the cultural milieu of the past two decades. This sociological analysis shows that there was a gradual transition from a private condition to a public “social problem”. The social actors involved in this process primarily included social workers, professional educators, academics, the daily press, members of Israel's Parliament and law enforcement agents.For various scholars and professionals, the incident that triggered awareness and concern about child abuse in general and child sexual abuse in particular was the tragic death of young Moran Denemias in 1989. However, in our paper we posit that this single tragic incident in itself did not prompt officials or the general public to view it as part of a larger problem. The general political tendency to overreact to the emerging issue of abuse, and the rapidity with which the Law for the Prevention of Abuse of Minors and Helpless Persons was passed at the end of the 1980s can be explained by a general moral sentiment that matured decades earlier.
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De Ville, Kenneth A. y Loretta M. Kopelman. "Fetal Protection in Wisconsin's Revised Child Abuse Law: Right Goal, Wrong Remedy". Journal of Law, Medicine & Ethics 27, n.º 4 (1999): 332–42. http://dx.doi.org/10.1111/j.1748-720x.1999.tb01468.x.

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In the summer of 1998, the Wisconsin State legislature amended its child protection laws. Under new child abuse provisions, Wisconsin judges can confine pregnant women who abuse alcohol or drugs for the duration of their pregnancies. South Dakota enacted similar legislation almost simultaneously. The South Dakota statute requires mandatory drug and alcohol treatment for pregnant women who abuse those substances and classifies such activity as child abuse. In addition, the South Dakota legislation gives relatives the power to commit pregnant women involuntarily for two days; a court order can place the pregnant women in custody for up to nine months. These recent legislative “successes” follow scores of failed attempts by legislators in other states to establish fetal protection laws aimed at women who use and abuse drugs and alcohol during pregnancy.
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5

Kennedy, Roger. "Psychotherapy, child abuse and the law". Psychiatric Bulletin 13, n.º 9 (septiembre de 1989): 471–76. http://dx.doi.org/10.1192/pb.13.9.471.

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Those working with families in the field of child abuse often find themselves becoming intimately involved with Family Law. Although the involvement may produce confusion and frustration in professionals untrained in the law, it may also help facilitate appropriate and effective treatment of severely disordered families. I believe not only that legal framework can help those working in the mental health field, but also that a psychotherapeutic understanding of individuals, families and groups can aid lawyers steer families more effectively and humanely through the legal process. By the term psychotherapy I mean a body of theoretical and clinical knowledge concerned with looking at people's conflicts, feelings, anxieties and reasons for actions, which includes an understanding of the unconscious processes of the mind. A psychotherapeutic approach cannot provide a substantial basis for legal theory, for the latter is heavily weighted towards the notion of the ‘reasonable’ man, whose unconscious ideas and emotions are significant only if they lead to an intention to act illegally and the carrying out of the illegal act. However, the day-to-day practice of law may perhaps be enriched by a more rigorous attempt to understand human emotions, particularly in the often emotionally painful areas of Family Law. Moreover, I suspect that there are a number of shortcomings in the current complex, sometimes muddled, way that families have to deal with the law, which the proposed new legislation (DHSS, 1987) may not address. A psychotherapeutic understanding of some of the reasons for this muddle as well as of the general issues in this field may have benefits for lawyers, mental health workers and clients.
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Kaviani Johnson, Afrooz. "All Care, No Responsibility". International Journal of Children’s Rights 30, n.º 3 (22 de agosto de 2022): 818–48. http://dx.doi.org/10.1163/15718182-30030001.

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Abstract This article examines the duties imposed by international law and domestic legislation to facilitate the reporting of child abuse. With a focus on mandatory reporting legislation in four countries in Eastern and Southern Africa, the article fills a gap in existing literature which largely focuses on the “Global North”. The article elaborates on the complexities of introducing mandatory reporting in countries where the formal capacity to respond to child abuse is constrained and where child protection legislation may not align with the socio-cultural reality. The article posits that mandatory reporting legislation is useful in that it contributes towards an enabling environment to end violence against children. However, such legislation may be tokenistic and potentially undermine the rule of law if it is not accompanied by strengthening of systems of protection and addressing any conflict between formal and informal systems.
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BISTRA, Netkova y Ismail ZEJNELI. "International Standards Regarding Protection of Children of Maltreatment". PRIZREN SOCIAL SCIENCE JOURNAL 5, n.º 2 (31 de agosto de 2021): 75–82. http://dx.doi.org/10.32936/pssj.v5i2.231.

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Child abuse is protected by international law and acts and includes all types of physical, sexual and emotional abuse. Child abuse is a global problem with serious consequences throughout life, it is also a global problem with serious consequences for children and their families. In order to prevent this phenomenon, the awareness and consciousness of everyone (society, state) must be increased. Work on joint projects should include the UN, WHO, UNICEF, UNESCO, the EU and the CoE. Knowledge, legislation and ideas in protecting children's health belong to health and safety experts. The case law of the European Court of Human Rights and the Court of Justice of the European Union obliges states to include in their legislation the protection of children from all forms of ill-treatment.
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Ullah, Nazir, Saidatul Aziz y Noor Awal. "Sexual Abuse of Street Children in Pakistan: Legal Protection Under International and National Law". PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 11, n.º 1 (2024): 76–96. http://dx.doi.org/10.22304/pjih.v11n1.a4.

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This study covers the social and legal dimensions of sexual abuse encountered by street children in Pakistan. It aims to elucidate the underlying reasons and contributory factors to child sexual abuse within the nation. This study employed qualitative methods, which involved analyzing data from primary sources such as acts of parliament and relevant journal articles. It highlights the exploitation of street children through prostitution, pornography, trafficking, and sex tourism. Therefore, it explored various manifestations of child sexual abuse both within street settings and beyond, alongside their foundational causes in Pakistani society. The study addresses the issue of sexual abuse among street children from two perspectives. Initially, it examines the different forms, prevalence, causes, and consequences of such abuse. Subsequently, it assesses the efficacy of both international and national laws and policies designed to counteract child sexual abuse. Despite the existence of legal frameworks in Pakistan aimed at addressing this issue, they are critiqued for being inadequate and inconsistent. The paper advocates for the introduction of more stringent legislation and enhanced trial transparency as measures to curb the incidence of child sexual abuse effectively. Updating and reinforcing existing legal provisions could significantly reduce the prevalence of such abuse in society.
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Blagić, Dragan y Zdravko Grujić. "Criminal Law protection of sexual integrity of a child". Bezbednost, Beograd 65, n.º 3 (2023): 83–106. http://dx.doi.org/10.5937/bezbednost2303083b.

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Criminal law protection of a child from sexual violence is very complex in nature and is achieved by prescribing crimes against sexual freedom. In the Serbian criminal legislation, in most criminal offenses, protection is provided for their qualified, i.e. more serious, form. Violation of the sexual integrity of a child in the form of sexual exploitation and abuse is one of the most serious, inhumane, crimes. Systematic study of the phenomenon of endangering the sexual freedom and integrity of child undoubtedly represents a supranational problem and overcomes the mutual social, cultural, religious and other differences of individual states. Criminal law protection is achieved by prescribing certain behaviors as criminal acts, i.e. by stipulating when certain human behaviors can be considered punishable and under what conditions, as well as by prescribing penalties for such acts. It is the most vulnerable category (child) that is placed in a special position according to which sexual freedoms and integrity are most seriously violated and endangered, which inevitably requires initiation of criminal proceedings in order to protect them. On the one hand, in the modern criminal legislation, the legal incrimination is expanding in most criminal acts when it comes to children, because, on the other hand, the number of criminal acts committed to the detriment of children is increasing. In support of this is the fact that the adopted Law on Amendments to the Criminal Code from 2009, in the chapter against sexual freedom, criminalized two new crimes: inducing a child to attend sexual acts (Article 185a) and abuse of computer networks and other technical means of communication for committing crimes against sexual freedom against a minor (Article 185b). The original text of the Criminal Code also contains incriminations of Rape ((Article 178), Sexual Intercourse through Abuse of Position (Article 179), Sexual Intercourse with a Child (Article 180), Showing, Procuring and Possessing Pornographic Material and Minor Person Pornography (Article 185) which provide protection of the child's sexual integrity. The paper analyzes criminal acts that provide basic and additional protection of the child's sexual integrity, but also examines the compliance of new normative solutions with relevant international legal documents in this area, primarily with the Council of Europe Convention on the Protection of Children from Sexual Abuse and Sexual Exploitation.
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Berthold, Oliver, Vera Clemens, Benjamin H. Levi, Marion Jarczok, Jörg M. Fegert y Andreas Jud. "Survey on Reporting of Child Abuse by Pediatricians: Intrapersonal Inconsistencies Influence Reporting Behavior More than Legislation". International Journal of Environmental Research and Public Health 19, n.º 23 (23 de noviembre de 2022): 15568. http://dx.doi.org/10.3390/ijerph192315568.

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Background: Internationally, various laws govern reporting of child abuse to child protection services by medical professionals. Whether mandatory reporting laws are in place or not, medical professionals need internal thresholds for suspicion of abuse to even consider a report (“reasonable suspicion” in US law, “gewichtige Anhaltspunkte” in German law). Objective: To compare internal thresholds for suspicion of abuse among US and German pediatricians, i.e., from two countries with and without mandatory reporting laws. Participants and Setting: In Germany, 1581 pediatricians participated in a nationwide survey among child health professionals. In the US, a survey was mailed to all Pennsylvania pediatricians, and 1249 participated. Methods: Both samples were asked how high in their rank order of differential diagnoses child abuse would have to be when confronted with a child’s injuries to qualify for reasonable suspicion/gewichtige Anhaltspunkte (differential diagnosis scale, DDS). In a second step, both had to mark a 10-point likelihood scale (0–100%) corresponding to reasonable suspicion/gewichtige Anhaltspunkte (estimated probability scale, EPS). Results: While for almost two-thirds of German pediatricians (62.4%), child abuse had to be among the top three differential diagnoses for gewichtige Anhaltspunkte, over half of the US respondents (48.1%) had a lower threshold for reasonable suspicion. On the estimated probability scale, over 65% in both samples indicated that the probability of abuse had to exceed 50% for reasonable suspicion/gewichtige Anhaltspunkte. There was great variability between the two countries. Conclusions: There are similar uncertainties in assessing cases of suspected child abuse in different legal systems. There is a need for debates on thresholds among medical professionals in both countries.
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Tesis sobre el tema "Child abuse – Law and legislation – Congresses"

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Farrar, Cathleen May. "Attitudes and knowledge of law enforcement officers regarding child maltreatment". CSUSB ScholarWorks, 2003. https://scholarworks.lib.csusb.edu/etd-project/2276.

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This study was conducted in an effort to explore the attitudes and knowledge held by law enforcement officers regarding child maltreatment. This study was completely exploratory in nature, with no hypothesis about the outcome.
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2

Brown, Amanda J. "Protection from child emotional abuse in family law parenting matters over two regimes of the Family Law Act 1975 (Cth): Policy, legislation and judicial reasoning". Thesis, Queensland University of Technology, 2017. https://eprints.qut.edu.au/112815/2/Amanda_Brown_Thesis.pdf.

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This thesis explored whether Australian family law adequately protects emotionally abused children in parenting matters. It explored the nature of child emotional abuse, and analysed two regimes of the Family Law Act 1975 and their political underpinnings. It analysed case law to understand judicial interpretation and application of the law. Applying social science understandings of child emotional abuse, this thesis found Australian family law – as embodied in legislation, case law, and policy - has not adequately dealt with this form of child maltreatment. Findings indicate the need to develop more robust approaches to child emotional abuse in family law matters.
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Chetty, Kasturi. "Child sex tourism in South African law". Thesis, Nelson Mandela Metropolitan University, 2007. http://hdl.handle.net/10948/485.

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Child sex tourism is tourism organised with the primary purpose of facilitating a commercial sexual relationship with a child. It involves a segment of the local child sex industry that is directly connected to both an international and domestic tourist market. The increase of tourism has brought with it complications in that tourism is being used as a means for sex tourists to initiate contact with children. Aside from child sex tourists who are paedophiles, there are those who engage in the opportunistic exploitation of children while travelling on business or for other reasons. There are a number of social and economic factors leading to child sex tourism and the effect is that child victims are exposed to immediate harm, irreversible damage and even death. As South Africa's tourism industry expands into one of the country’s top earners of foreign currency, it is unfortunate to note that its child sex tourist trade is also on the increase. Reports show that sex tours are as easily organised as wine route tours in Cape Town. Commercial sexual exploitation of children is prevalent in South Africa and has become more organised in recent years. A comprehensive response to the problem is essential to ensure that South Africa does not become a “safe haven” for child sex tourists. Effective laws at home and the extraterritorial application of these laws to prosecute South African nationals for crimes committed abroad are imperative. Significant steps are being taken both nationally and internationally to target child sex tourism. South Africa has ratified several international instruments on children’s rights, trafficking in persons, child labour, and discrimination against women and young girls, all of which relate to child sex tourism. In doing so, South Africa has made an international commitment to uphold the provisions of these instruments and give effect to them. South Africa is therefore under an international obligation to create the necessary structures and apply mechanisms and resources to combat child sex tourism.
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Van, der Merwe Annette. "Aspects of the sentencing process in child sexual abuse cases". Thesis, Rhodes University, 2006. http://hdl.handle.net/10962/d1003211.

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This thesis investigates current sentencing practices relating to the diverse, complex and emotionally laden phenomenon of child sexual abuse. It focuses on relevant legislative provisions, on case law and on an empirical study conducted amongst regional court magistrates. Trends, developments and problems are analysed and possible solutions to the main problems identified are investigated. The thesis concludes with proposed guidelines regarding the sentencing process in child sexual abuse cases. Such guidelines address general and specific principles, the use of victim impact statements, the increased recognition and use of behavioural science in the sentencing phase with regard to both the victim and the offender, and relevant aggravating and mitigating factors. The guidelines are an attempt to give some structure to the current haphazard approach adopted by the courts with regard to harm experienced by the victim. They are also aimed at assisting experts to provide more effective and reliable pre-sentence reports. Further, the thesis attempts to provide clarity concerning the factors that are considered to be aggravating or mitigating in the offence category, child sexual abuse, as well as with regard to the weight that should be attached to them. In addition, recommendations are made for the purpose of possible law reform and further research in relation to the regulation of judicial discretion through the introduction of formal sentencing guidelines, victim impact statements and the accommodation of behavioural science in the sentencing process pertaining to sexual offenders. This proposal is based on current South African sentencing practices as reflected in the consolidation of local judgments scattered over many years in different law reports and, to some extent, on English, Canadian, Australian and American sentencing practices as researched in this study.
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Johns, Alex. "A descriptive analysis of statements taken by police officers from child complainants in sexual offence cases that examines the degree to which the form and content of the statements accord with best practice across a range of variables". Thesis, Rhodes University, 2013. http://hdl.handle.net/10962/d1002611.

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With over twenty thousand complaints reported annually to police of child sexual abuse in South Africa, specialist police nvestigators are practised at taking statements from child complainants. This thesis analyses the fit between actualpolice practice and that recommended by international best practice. Children are a special class of witness because of their inherent social, emotional, and cognitive immaturity, and they are universally acknowledged to be very difficult witnesses to interview without the interviewer lending a bias to the process and thereby contaminating the outcome. The first half of the thesis therefore provides a detailed account of the research basis of current international best practice and of the hallmarks of that best practice which result in reliable interview outcomes. The second half of the thesis presents a descriptive analysis of 100 police statements taken from children in the Eastern Cape who had been raped in the period between 2010 and 2012. The findings of the analysis are presented in detail and then compared to the best practice summarised from the international research.
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Van, der Westhuizen Lize. "The child's right against exploitation in the form of pornography on the Internet : a South African perspective". Thesis, Stellenbosch : Stellenbosch University, 2001. http://hdl.handle.net/10019.1/52493.

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Thesis (LL.M.) -- University of Stellenbosch, 2001.
ENGLISH ABSTRACT: With the arrival of the Internet, the availability of pornography, and especially child pornography, has increased tremendously. This rapidly developing technological wonderworld has brought the dark syndicate of sexual exploitation of children to the living room of each home equipped with a computer. In South Africa the right of the child to not be sexually exploited or abused is enshrined in section 28 of the Constitution, 108 of 1996, as well as in several international documents. This thesis analyses the legislative framework in this regard and comes to the conclusion that South African legislation concerned shows much room for improvement. Legislation concerning sexual offences against children makes use of archaic terms that are outdated in the present context. It is also vague, inconsistent and provides insufficient protection to children in this regard. The sexual exploitation of children does not, despite promises made by the South African government in ratifying several international documents, receive high priority in the South African community. This finding is made in view of the examination of certain key concepts to the subject, international documents such as the United Nations Convention to the Rights of the Child, 1989, and the activities of international organisations combating the sexual exploitation of the child. An analysis of the manner in which countries such as the United States of America, Canada, the United Kingdom, Germany and Japan has implemented protection measures against this form of abuse, is also made. Proposals to increase the protection of children in South Africa are submitted in conclusion. Although this new domain needs urgent measures of regulation, it is not an impossible task to govern the Internet. Formulating comprehensive, consistent and effective legislation is a fundamental part in the battle against the sexual exploitation of children. The co-operation of all relevant sectors, including the government, the Internet industry and members of the community, however, remains essential.
AFRIKAANSE OPSOMMING: Die beskikbaarheid van pornografie, en veral kinderpornografie, het met die koms van die Internet onrusbarend toegeneem. Hierdie vinnig ontwikkelende tegnologiese wonderwereld het die seksuele eksploitasie van kinders vanuit die donker onderwereld na die voorkamer van elke huis met 'n rekenaar gebring. In Suid-Afrika word die reg van die kind om teen seksuele uitbuiting en mishandeling beskerm te word in artikel 28 van die Grondwet, 108 van 1996, asook verskeie internasionale dokumente verskans. Hierdie tesis ondersoek die wetgewende raamwerk rakende die groeiende probleem van seksuele eksploitasie op die Internet en vind dat Suid-Afrikaanse wetgewing in hierdie verband nog ver te kort skiet. Wetgewing met betrekking tot seksuele misdade teen kinders maak tans gebruik van arqaise terme wat glad nie meer in vandag se konteks relevant is nie. Dit is voorts ook onsamehangend, onduidelik en verskaf onvoeldoende beskerming aan kinders in hierdie verband. Ten spyte van beloftes deur die Suid-Afrikaanse regering, gemaak tydens die ratifisering van verskeie internasionale dokumente, geniet die aangeleentheid van beskerming van die kind teen seksuele uitbuiting op die Internet nog nie prioriteit in die Suid- Afrikaanse samelewing nie. Hierdie bevinding word gemaak in die lig van die bestudering van definisies van sekere kernbegrippe, internasionale dokumente soos die Verenigde Nasies se Konvensie van die Regte van die Kind, 1989, en die werksaamhede van internasionale organisasies bemoeid met die bekamping van seksuele eksploitasie van die kind. Daar word ook veral aandag gegee aan die wyse waarop lande soos die Verenigde State van Amerika, Kanada, die Verenigde Koninkryk, Duitsland en Japan te werk gegaan het om kinders in die onderskeie lande te beskerm. Voorstelle ten einde die beskerming van Suid-Afrikaanse kinders teen seksuele eksploitasie op die Internet te verbreed, word ter konklusie gegee. Alhoewel die nuwe terrein dringend regulering benodig, is dit nie In totaal onmoontlike taak om die Internet te kontroleer nie. Die formulering van omvattende, eenvormige en effektiewe wetgewing in die verband is In fundamentele proses in die stryd om kinders te beskerm. Die samewerking van relevante rolspelers en veral die regering, die Internet sektor en lede van die gemeenskap is egter van uiterste belang.
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Satterwhite, Nancy Rae. "Perceptions of the Adoptions and Safe Families Act of 1997 among child welfare and substance abuse professionals". CSUSB ScholarWorks, 2004. https://scholarworks.lib.csusb.edu/etd-project/2716.

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Asubiaro, Omowumi Modupe. "www.crimesagainstchildren.com : addressing child pornography via the Internet in Africa". Thesis, University of the Western Cape, 2004. http://etd.uwc.ac.za/index.php?module=etd&amp.

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The study focus on child pornography on the Internet as a manifestation of sexual abuse and sexual exploitation of children. The debate centres around the exacerbated effect of child pornography on victims and subsequent effects on the society. Ultimately, the study aims to highlight the various legal and non-legal responses specific to child pornography on the Internet with a view to proffer solutions to African states on how to deal with the problem. The study also lend an African voice to the ongoing debate on how to deal with the problem of child pornography on the Internet
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9

Strydom, Jeanette. "Sexual abuse within the context of public education". Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/d1012156.

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The South African Constitution is considered as supreme law. This piece of legislation overrides all others and states in section 28(2): “A child’s best interests are of paramount importance in every matter concerning the child”. This emphasises the significance of the right of the child in South African law, by stating that children are to be protected at all cost. This section of the constitution forms the basis of this thesis with regards to the child and the protections that are to be afforded to them in instances of sexual abuse by educators. In the last several years there has been an increase in the number of cases reported on the sexual abuse, rape, violence and harassment of learners by members of the schooling community. The statistics prove that sexual violence in the schooling system in South Africa is rampant and furthermore indicate that young girls and boys are not as safe as they deserve to be. A teacher or educator is a professional, who is to act in a professional manner at all times – in the course and scope of their employment as educators. When a parent leaves its child at school for the day the educators are acting in loco parentis – in place of parent – thus these children are to be protected, nurtured and cared for in the correct manner. Sexual abuse of a learner by an educator is a gross contravention of South African legislation, the South African Council of Educators (SACE) code of conduct as well as international codes by the International Labour Organisation (ILO), the United Nations (UN) and other conventions. It is therefore fitting that any perpetrator of such violence, disrespect and transgression is to be punished quickly and harshly. Educators who abuse children are to immediately be removed from the school system through dismissal and also be tried criminally. These offenders should also be added to the SACE sexual offenders’ database which needs to be open to the Department of Education (DOE) and more importantly the general public – allowing parents to make the best possible decisions when putting their children in schools, thus ensuring their safety. However, throughout this process the rights of the child are to be protected and regarded with prevailing sensitivity, and their innocence is to be sheltered from any further psychological and emotional harm caused due to the abuse. The South African Professional Society on the Abuse of Children (SAPSAC) argues that a constitutional injunction is powerless to protect a child from being victimised and traumatised by criminal activity.1 All the more should it be incumbent upon the criminal law and criminal procedure and upon the courts, their functionaries and practitioners who regulate its procedure and apply its principles to “protect children from abuse and (to) maximise opportunities for them to lead productive and happy lives … (and to) … create positive conditions for repair to take place”. The thesis that follows, using the principles summarised here, aims to: define sexual abuse of the child, the legal position in South Africa in relation to the sexual abuse of children and case law. Recommendations will then be made and a code of good practice will be established on how to deal with educators who sexually abuse their learners promptly, effectively – without causing any further harm to the child in question.
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Corsea, Elin Anoshe y Sinead Cassandra Sammy. "Barns rättigheter : En komparativrättslig studie om förståelse avvåld mot barn i hemmet i Sverige och Sydafrika". Thesis, Södertörns högskola, Juridik, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:sh:diva-41913.

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The purpose of this study is to investigate how South African and Swedish legislation as wellas case law regarding domestic violence and punishment against children is presented in bothlegal systems. Two methods are used as help to answer the two core questions in this thesis.The result of the study showed that the definitions of physical, psychological and sexual abusein both countries are listed as the same assaults and each country has an obligation to relocatechildren that have been exposed to those forms of violence. Many children in both countrieshave experienced some type of domestic violence during their childhood which makes theinstitutions whom work and have qualifications in questions regarding abused children toprotect them from all forms of violence and have to strive more in order to make a better livingfor the next generations forward. When it comes to decision making courts and authorities inboth countries have an obligation to always act in the child’s best interest which clearly appearsin both constitutions.
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Libros sobre el tema "Child abuse – Law and legislation – Congresses"

1

Karen, Spar y Library of Congress. Congressional Research Service., eds. Child welfare, child abuse and related issues in the 104th Congress. [Washington, D.C.]: Congressional Research Service, Library of Congress, 1995.

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2

Child Sexual Abuse Law Reform Project (U.S.) y National Legal Resource Center for Child Advocacy and Protection (U.S.), eds. Papers from a National Policy Conference on Legal Reforms in Child Sexual Abuse Cases: A report of the American Bar Association, Child Sexual Abuse Law Reform Project, National Legal Resource Center for Child Advocacy and Protection. Washington, D.C. (1800 M. St., S-200, NW, Washington 20036): The Center, 1985.

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3

Kānsammanā thāng Wichākān rư̄ang Māttrakān Mai thāng Kotmāi (1998 Bangkok, Thailand). Rāingān Kānsammanā thāng Wichākān rư̄ang Māttrakān Mai thāng Kotmāi: Rūppatham nai kānkhumkhrō̜ng dek thī pen yư̄a ʻātchayākam thāng phēt. Krung Thēp Mahā Nakhō̜n: Sathāban Kotmāi ʻĀyā, Samnakngān ʻAiyakān Sūngsut, 1998.

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4

Sergio, Lorusso y Manna Adelmo, eds. L' abuso sessuale sui minori: Prassi giudiziarie e novità normative introdotte dalla Legge 38/2006 sulla pedopornografia. Milano: A. Giuffrè, 2007.

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5

United States. Congress. House. Committee on Education and Labor. Subcommittee on Select Education. Child abuse legislation in the 99th Congress: Joint hearing before the Subcommittee on Select Education of the Committee on Education and Labor and the Subcommittee on Civil and Constitutional Rights of the Committee on the Judiciary, House of Representatives, Ninety-ninth Congress, first session, hearing held in Washington, DC, December 11, 1985. Washington: U.S. G.P.O., 1986.

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6

Justice, United States Congress Senate Committee on the Judiciary Subcommittee on Juvenile. Child sexual abuse victims in the courts: Hearings before the Subcommittee on Juvenile Justice of the Committee on the Judiciary, United States Senate, Ninety-eighth Congress, second session on oversight hearings to consider the testimony of children in sexual abuse cases, May 2 and 22, 1984. [Washington, D.C.?: U.S. G.P.O., 1985.

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7

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Juvenile Justice. Child sexual abuse victims in the courts: Hearings before the Subcommittee on Juvenile Justice of the Committee on the Judiciary, United States Senate, Ninety-eighth Congress, second session on oversight hearings to consider the testimony of children in sexual abuse cases, May 2 and 22, 1984. [Washington, D.C.?: U.S. G.P.O., 1985.

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8

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Juvenile Justice. Child sexual abuse victims in the courts: Hearings before the Subcommittee on Juvenile Justice of the Committee on the Judiciary, United States Senate, Ninety-eighth Congress, second session on oversight hearings to consider the testimony of children in sexual abuse cases, May 2 and 22, 1984. [Washington, D.C.?: U.S. G.P.O., 1985.

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9

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Juvenile Justice. Child Abuse Victims' Rights Act: Hearing before the Subcommittee on Juvenile Justice of the Committee on the Judiciary, United States Senate, Ninety-ninth Congress, first session, on S. 985 ... September 24, 1985. Washington: U.S. G.P.O., 1986.

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10

United States. Congress. Senate. Committee on Labor and Human Resources. Subcommittee on Children, Family, Drugs and Alcoholism. Children's Justice Act: Hearing before the Subcommitte on Children, Family, Drugs, and Alcoholism of the Committee on Labor and Human Resources, United States Senate, Ninety-ninth Congress, first session on S. 140 ... May 2, 1985. Washington: U.S. G.P.O., 1985.

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Capítulos de libros sobre el tema "Child abuse – Law and legislation – Congresses"

1

Otto, Randy K. y Gary B. Melton. "Trends in Legislation and Case Law on Child Abuse and Neglect". En Children at Risk, 55–83. Boston, MA: Springer US, 1990. http://dx.doi.org/10.1007/978-1-4757-2088-4_3.

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Urbas, Gregor. "Substantive and Procedural Legislation in Australia to Combat Webcam-Related Child Sexual Abuse". En Information Technology and Law Series, 135–82. The Hague: T.M.C. Asser Press, 2019. http://dx.doi.org/10.1007/978-94-6265-288-0_4.

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3

Royer, Sofie, Charlotte Conings y Gaëlle Marlier. "Substantive and Procedural Legislation in Belgium to Combat Webcam-Related Sexual Child Abuse". En Information Technology and Law Series, 183–242. The Hague: T.M.C. Asser Press, 2019. http://dx.doi.org/10.1007/978-94-6265-288-0_5.

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Kala, Kaspar. "Substantive and Procedural Legislation in Estonia to Combat Webcam-Related Child Sexual Abuse". En Information Technology and Law Series, 345–82. The Hague: T.M.C. Asser Press, 2019. http://dx.doi.org/10.1007/978-94-6265-288-0_8.

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5

Harduf, Asaf. "Substantive and Procedural Legislation in Israel to Combat Webcam-Related Child Sexual Abuse". En Information Technology and Law Series, 383–424. The Hague: T.M.C. Asser Press, 2019. http://dx.doi.org/10.1007/978-94-6265-288-0_9.

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6

Schermer, Bart W., Bert-Jaap Koops y Simone van der Hof. "Substantive and Procedural Legislation in the Netherlands to Combat Webcam-Related Child Sexual Abuse". En Information Technology and Law Series, 425–54. The Hague: T.M.C. Asser Press, 2019. http://dx.doi.org/10.1007/978-94-6265-288-0_10.

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7

Dizon, Michael Anthony C. "Substantive and Procedural Legislation in the Philippines to Combat Webcam-Related Child Sexual Abuse". En Information Technology and Law Series, 455–89. The Hague: T.M.C. Asser Press, 2019. http://dx.doi.org/10.1007/978-94-6265-288-0_11.

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8

Gillespie, Alisdair A. "Substantive and Procedural Legislation in England and Wales to Combat Webcam-Related Child Sexual Abuse". En Information Technology and Law Series, 291–344. The Hague: T.M.C. Asser Press, 2019. http://dx.doi.org/10.1007/978-94-6265-288-0_7.

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9

Bojić, Ines y Zvjezdana Kuprešak. "Substantive and Procedural Legislation in the Republic of Croatia to Combat Webcam-Related Child Sexual Abuse". En Information Technology and Law Series, 243–90. The Hague: T.M.C. Asser Press, 2019. http://dx.doi.org/10.1007/978-94-6265-288-0_6.

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10

Unikowski, Jonathan. "Substantive and Procedural Legislation in the United States of America to Combat Webcam-Related Child Sexual Abuse". En Information Technology and Law Series, 491–542. The Hague: T.M.C. Asser Press, 2019. http://dx.doi.org/10.1007/978-94-6265-288-0_12.

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