Tesi: "Children – Legal status, laws, etc. – Scotland"

1

McGregor, Melissa. "An evaluation of the Child Justice Act". Thesis, Nelson Mandela Metropolitan University, 2010. http://hdl.handle.net/10948/1278.

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Abstract (sommario):

“No civilized society, regards children as accountable for their actions to the same extent as adults”.1 In the absence of a justice system applicable exclusively to children in conflict with the law in South Africa, children are subjected to the same rigours of the criminal law applicable to adults in South Africa. “States Parties recognize the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth, which reinforces the child's respect for the human rights and fundamental freedoms of others and which takes into account the child's age and the desirability of promoting the child's reintegration and the child's assuming a constructive role in society”.2 As a signatory to the United Nations Convention on the Rights of the Child, South Africa has a duty to ensure that the children in conflict with the law are treated in a manner that gives effect to the protectionary ideals espoused in the Convention. In July 2000, the South African Law Commission [Project 106] released the Child Justice Bill3, together with its Report on Juvenile Justice. Because the child justice system at present is not governed by legislation, uncertainty and inconsistency are constant dangers. We need legislation to ensure that all children in conflict with the law are dealt with consistently, fairly and appropriately. The question that needs to be answered in this treatise, is whether the Child Justice Act 75 of 2008, which comes into effect on 01 April 2010, is a legislative framework that incorporates due process rights together with the rights of children who is alleged to have committed an offence, to be protected and treated in a manner appropriate to their age.

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2

Baker, Dana Lee. "Children's disability policy in Canada, the United States and Mexico : a question of convergence /". Access restricted to users with UT Austin EID Full text (PDF) from UMI/Dissertation Abstracts International, 2001. http://wwwlib.umi.com/cr/utexas/fullcit?p3025136.

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3

Clouet, Johanne. "La domesticité juvénile en Haïti : une vision à travers la lentille du pluralisme juridique". Thesis, McGill University, 2008. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=115989.

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Abstract (sommario):

In this thesis, we present the outcomes of a research conducted on children's domestic labor in Haiti. In addition to being engaged in housekeeping work -- which has a negative impact on access to basic education -- children in domesticity are generally victims of harmful disciplinary measures as well. Consequently, our main objective is to expose the actual norms and practices regarding the education and the physical treatment of young domestic workers.
Based on legal pluralism, the approach undertaken during this research combines both theoretical and empirical research, and focuses on law and norms existing at multiple levels.
First, we present the information gathered from our theoretical approach. After exploring the notion of "Haitian child domestic servant", sketching social profiles of actors engaged in the practice of domesticity, and identifying the most significant contingent factors, we underline the principal national and international norms guaranteeing children the right to education as well as to physical integrity.
Second, we explore the local norms related to the education and to physical treatment of young domestic servants through the results of empirical research carried out in Haiti in the form of observation and interviews with relevant actors.
We conclude by identifying the framework of norms that govern the behaviour of families that host domestic children. Understanding that framework allows jurists and other actors to identify and implement the actions more likely to improve the quality of life of child domestic workers.

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4

Kwan, Hang-kay, e 關幸姬. "An exploratory study of adolescent attitudes towards laws prohibiting underage consensual sex". Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1998. http://hub.hku.hk/bib/B3197854X.

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5

Welfare/UNICEF, Portfolio Committee on. "A report from the portfolio committee on welfare / UNICEF workshop on children and development". Portfolio Committee on Welfare/UNICEF, 1998. http://hdl.handle.net/10962/65969.

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Abstract (sommario):

Honourable Cassiem Saloojee, MP chaired the workshop. He noted that the workshop was intended to provide an opportunity to assess several recent research studies related to children and development in South Africa. People who had been invited included MPs, members of NGOs and CBOs and government officials. A list of participants is attached.

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6

McKinney, Joseph R. "An analysis of the legal rights and responsibilities of Indiana public school educators". Diss., This resource online, 1991. http://scholar.lib.vt.edu/theses/available/etd-07282008-135225/.

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7

Pobjoy, Jason Mark. "The child in international refugee law". Thesis, University of Cambridge, 2015. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.709300.

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8

Teny, Jamual Peter Malual. "Comparing child justice legislation in South Africa and South Sudan". Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/d1020941.

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Abstract (sommario):

The legal framework and legislation governing the rights of the children have become of great concern in modern societies, particularly, in the area of criminal justice and human rights. The Convention on the Rights of the Child and African Charter on the Rights and Welfare of the Child are basic international and regional conventions regulating the rights of the children and include how to deal with children in conflict with the law. States parties to these conventions are required to take appropriate measures, which includes enactment of legislation to give effect to these rights. Legislative instruments must address the following issues: The principle of the best interest of the child; the age of criminal responsibility; restorative justice; diversion; and the trials of children in conflict with the law. The above-mentioned instrument require and emphasise the use of an alternative approach in respect of the children who are in conflict with law. In this research a comparative approach is used to compare the South African and South Sudanese child justice legislative instruments. The legislative instruments pertaining to child justice in both countries are set out and compared. It is concluded that the South African legislative instruments are more aligned to the Convention on the Rights of the Child and African Charter on the Rights and Welfare of the Child. Recommendations and proposals are made to enact to adopt in South Sudan new legislative measures and provisions aim to afford more protection to children in conflict with the law and to strike a better balance between rights of a child and victim of crimes.

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9

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&amp.

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Abstract (sommario):

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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10

Brom, Charlotte. "The human rights of the child : the case of street children in Central America". Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78205.

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Abstract (sommario):

Street children in Central America are largely denied protection of their human rights. They live in difficult situations of poverty, inappropriate work and neglect, and thus are not able to enjoy most of their rights and basic needs.
The international framework for children's human rights law, composed primarily of the Convention on the Rights of the Child and the principles inherent to it, can be described as based on a doctrine of integral protection, a notion developed primarily by Central American legal scholars. At the same time, however, most Central American states ignore their obligations to conform their domestic legislation to these standards.
This thesis is meant to provide Central American countries with guidelines captured by a model referred to as UPPP2. Its main objective is for States to acknowledge that the plight of street children needs to be understood; prevented by adequate domestic legislation; and requires protection by effective implementation and provision of justice.

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11

Müller, Karen 1964. "The child witness in the accusatorial system". Thesis, Rhodes University, 1998. http://hdl.handle.net/10962/d1007708.

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Abstract (sommario):

For the purpose of this study tbe child witness in the accusatorial system will be viewed as a source of information. When a witness gives evidence in court, the function of the witness is to provide the court with certain information. A number of crucial questions arise when the witness is a child. Do children bave the ability to remember and relate an event accurately? Are children prone to suggestion and fantasy? What effect, if any, does the court environment have on a child 's ability to convey information? What perceptions do children have about the legal process, and how do these perceptions affect their ability to testify? Do adults influence the information which children impart by the techniques they employ to obtain such information? Accepting the hypothesis that child witnesses are sources of information, the purpose of this study is to evaluate all aspects of the criminal justice system relating to child witnesses as well as available research on children to determine whether it is possible to obtain reliable and accurate information from children. Proposals will be formulated regarding the most successful methods of obtaining reliable and accurate information from children, and how these can be adapted for use by the legal system. The purpose of the study is to develop an approach to children in the legal system that will be fair to children while at the same time protecting the rights of the accused, and which will lead to a successful method of obtaining accurate information.

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12

Mia, Shanaaz Christine. "The child's voice in the Hague Convention: Does ascertaining the child's view realise the best interests of the child in legal and related proceedings in terms of the Hague Convention on the Civil Aspects of International Child Abduction". Thesis, University of the Western Cape, 2002. http://etd.uwc.ac.za/index.php?module=etd&amp.

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13

Lam, Shuk-wah Grace, e 林淑華. "An examination of the care and protection order in Hong Kong". Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1990. http://hub.hku.hk/bib/B3197630X.

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14

Umubyeyi, Christine. "Access to justice in civil matters : a critical analysis of legal representation of minors under guardianship in Rwanda". Diss., University of Pretoria, 2011. http://hdl.handle.net/2263/18653.

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Abstract (sommario):

Every person is entitled to all the rights and freedoms set forth in international human rights instruments without distinction of any kind: this includes race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. In particular, every person is entitled to access justice to vindicate his or her rights. Although age is not expressly mentioned as one of the prohibited grounds of discrimination, particular provisions provide for special legal protection for minors. In addition, other particular instruments have been adopted to protect the rights of minors. The right to an effective judicial remedy for acts violating fundamental rights is guaranteed to minors by human rights instruments. The notion of ‘access to justice’ is used here in reference to an individual’s opportunity to enjoy equal access to legal services necessary for the protection of one’s rights and interests regardless of one’s means. It also implies the mechanism by which an individual may seek legal assistance including, among other things, drafting formal documents (wills, contracts), In reality,the effective enjoyment of rights is not possible when the holders of the rights have limited access to justice, i.e. access to judicial remedies in cases where their rights have been violated.
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2011.
http://www.chr.up.ac.za/
nf2012
Centre for Human Rights
LLM

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15

Frances, Katie. "Nothing changes : dangerous childhoods and the 'unprotecting' of children in Western Australia". Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2008. https://ro.ecu.edu.au/theses/165.

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Abstract (sommario):

The problem under investigation in this project is the apparent continuity in the social, cultural and historical acceptance of dominant claims to truth which position children as variously vulnerable, dependent and passive social actors-in-waiting: constructions which produce limitations in the conditions of possibility for their 'protection'. My aim has been to consider critically whether these fundamental and taken-for-granted assumptions have been discursively (re)produced in a select few of Western Australia's child protection policies. The central disciplinary discourses through which the problem is examined are: 'familialisation', 'futurity" 'within the child's best interests', and 'participation'. To uncover the implications of these assumptions I have approached the investigation from within a child- centred framework, wherein I seek to focus at all times on how conceptualisations of the social categories 'child' and 'children', and their location within the structural space of 'childhood', are (re )presented, positioned and understood within these key discursive sites. The purpose of taking a child-centred approach is to investigate the extent to which discourses about children and childhood constrain, or, expand, conditions of possibility for the continuation, or amelioration, of deleterious, disrespectful and/or unfair representations of them. In order to achieve this aim, I have applied a critical discourse analysis to the chosen policies, engaging, with postmodern debates located within understandings of discourse and its relationship to power, knowledge and identity. This analysis has also been supported and augmented by the 'new' social studies of childhood, studies which expand, both theoretically and empirically, social, historical, and cultural understandings of children and childhoods, and age categories and relations. The findings, explicated in the analyses Chapters, Five to Eight, and discussed in Chapter Nine, support the assumptions residing within the problem: children are constrained by the very discourses which not only produce particular constructions of them but are productive of a system of power relationships, and institutional and societal structures and conditions which, together, reinforce their assigned inferior and subordinate social status in a differentiated and separate world of childhood.

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16

Campbell, James Floyd. "An analysis of variables in child protection apprehensions and judicial dispositions in British Columbia child welfare practice". Thesis, University of British Columbia, 1991. http://hdl.handle.net/2429/29686.

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Abstract (sommario):

This study analyzes variables in the child protection apprehensions and judicial dispositions within the British Columbia child welfare system. The study was based on a 10% sample of children apprehended into care of the B.C. Superintendent of Family and Child Service in 1989. It includes the following specific objectives: 1) To review reasons children were being apprehended into care and develop a socio-economic and demographic profile of these children and their families. 2) To determine percentages of congruence between social workers' recommendations to the court and judicial dispositions at the first two stages of child protection court proceedings. 3) To identify factors which impact case outcomes and account for discrepancies between social workers' recommendations and judicial dispositions. 4. To explore the policy and practice implications of the research findings. The profile of the apprehended children illustrated that a majority came into care for reasons characteristic of neglect by omission rather than abuse by commission. Reasons for admission to care appeared to be related to the age and sex of the child, as well as family constellation. In analyzing the relationships between the reasons for the child's apprehension in comparison to the parents' social, economic and educational status, it was demonstrated that children were predominantly apprehended from households headed by parents with limited education, low income and/or semi-skilled employment. Single female parents, parents on income assistance, aboriginal families, younger families, living in multiple dwellings, were statistically over-represented when compared to the general population. The majority of court hearings proceeded within the time-frames set out in B.C. child protection legislation. The social workers' recommendations to the court were statistically associated with the judicial dispositions at the initial presentation to the court, and only slightly less so at the protection hearing. Whether the parents attended court and had legal counsel played a significant role in influencing the court's disposition, particularly at the protection hearing. Judicial support for the social workers' recommendations varied depending on the order sought, the highest percentage of agreement being when social workers recommended the child be in parental care, and the lowest when recommending the child become a permanent ward. The thesis draws on these research findings, concluding with research and policy recommendations to facilitate child protection practice in British Columbia.
Arts, Faculty of
Social Work, School of
Graduate

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17

Kinley, Gary J. "An examination of the advocacy techniques employed by three state-level child advocacy groups". Virtual Press, 1986. http://liblink.bsu.edu/uhtbin/catkey/471162.

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Abstract (sommario):

The purpose of this study was to examine the advocacy techniques employed by three state-level child advocacy groups in a mid-western state and to determine the effectiveness of such techniques in influencing policy and legislation.The groups studied were a government-funded bureau, a professional association, and a varied member organization. Each was selected because it met the qualifications set forth for that particular group type. Data collection took place during June and July, 1981.The records examined during data collection included minutes of meetings, publications, fiscal reports, legislative reports and bills, by-laws, and newspaper articles. The data discerned from the records described the groups' founding, objectives, structure, membership, finances, and advocacy strategies, particularly public information campaigns, training, and lobbying efforts. Interviews were conducted with persons knowledgeable of the groups' activities, as necessary.Data were organized into the categories of background information, objectives, membership, structure, funding, and advocacy efforts. Issues considered by any of the three groups were classified either as legislation or as a child-oriented issue. Advocacy techniques utilized to advance a group's position on a piece of legislation were paired with the bill. The effectiveness of the techniques was determined via a scale which examined a bill's progression through the legislative process. Patterns of effective advocacy were listed. Similarly, advocacy techniques employed to advance a group's position on child-oriented issues were paired with the issues. Patterns of advocacy were discerned from that information.As a result of the data analysis, the following conclusions were made; (a) a variety of techniques were used by the groups and contributed to effective advocacy; (b) the techniques of writing to and meeting with legislators or their staffs on behalf of a group were utilized most commonly in successful efforts related to legislation; (c) collaboration and multiple efforts were related to effective advocacy; (d) the professional association was most successful in its legislative advocacy efforts; and (e) the three groups took more positions and utilized more advocacy techniques on child-oriented issues than on legislation.

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18

Webb, Paula J. (Paula Jean). "An Analysis of Texas Special Education Due Process Hearings from September 1, 1983, to September 1, 1992: Implications for the Administration of Special Education Programs". Thesis, University of North Texas, 1994. https://digital.library.unt.edu/ark:/67531/metadc279368/.

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Abstract (sommario):

The purpose of this study was to assess the effects of selected characteristics on the outcomes of those special education due process hearings brought forth in the state of Texas from September 1, 1983, to September 1, 1992. A further purpose was to determine if district characteristics of size or location affect the likelihood of a district's becoming involved in a special education due process hearing. Data for the study was collected for all special education due process hearings conducted in the State of Texas from September 1, 1983, to September 1, 1992. A coding system was used to record the data for the study and the Chi-square test of independence was used to determine whether a relationship existed between the selected variable (hearing issue, disability classifications and restrictiveness of placement) and hearing outcome. The frequency of involvement in hearings for districts of various size and urban characteristics was displayed as a percentage.

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19

Watt, Ilze Jr. "The consequences of contracts concluded by unassisted minors : a comparative evaluation". Thesis, Stellenbosch : Stellenbosch University, 2012. http://hdl.handle.net/10019.1/71723.

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Abstract (sommario):

Thesis (LLM)--Stellenbosch University, 2012.
Includes bibliography
ENGLISH ABSTRACT: It is a general principle of the law of South Africa that an unassisted contract of a minor is unenforceable against the minor. Although it binds the other party, the minor is not bound. The minor will only be bound if the contract is enforced by his guardian, or if the contract is ratified by the child after attaining majority. This implies that the other party is in a rather unfortunate position, since the effectiveness of the contract will remain uncertain until the guardian of the minor decides to enforce or repudiate the contract, or until the minor ratifies it after attaining majority. The other party may not resile from the contract during this interim period. Should it be established that the contract has failed, the question arises to what extent the parties are obliged to return performances made in purported fulfilment of the contract. In terms of the law of South Africa, the prevailing view is that these claims are based on unjustified enrichment. However, the extent of these claims differs. In principle, both parties’ liability will be limited to the amount remaining in its estate, according to the defence of loss of enrichment. But the application of the defence is subject to an exception that does not apply equally to the parties. Had the other party known or should the other party have known that the enrichment was sine causa, yet continued to part with it, he will be held liable for the full enrichment. However, this exception does not apply to the enrichment liability of minors. In other words, whether the minor knew or should have known that the enrichment was sine causa, he would still be allowed to raise the defence of loss of enrichment. Furthermore, the rules applicable to minors’ enrichment liability applies to all minors, and no scope is left to consider the specific circumstances of each minor. It is accepted that there are two competing principles relating to minors’ unassisted contracts. On the one hand, the law must protect the minor from his immaturity and lack of experience. On the other hand, the law must protect the interests of the other party. It will be seen throughout this study that the determination of how to balance these competing principles is not an easy task. The key aim of this thesis is to investigate the principles governing the unwinding of unassisted minors’ contracts in South Africa. A comparison will be made with the principles applied in other legal systems, in order to identify similarities and differences in the approaches and, to establish what underlies the differences in the various approaches. Germany, England and Scotland have been chosen for comparison for various reasons. First, they share some historical roots, and they represent three major legal traditions, namely the civil law, common law and mixed legal systems, of which South Africa also forms part. Secondly, both England and Scotland have experienced recent legislative reform in this regard, which implies that their respective legal systems should be in line with modern tendencies, and consequently they may provide a valuable framework for possible reform in South Africa. In Germany, although mainly regulated by rather older legislation, there have been interesting developments in the determination of consequences of failed contracts. Hellwege has argued that the unwinding of all contracts should be treated similarly, regardless of the unwinding factor. He has also suggested that in order to prevent the accumulation of risk on one party, and to ensure that the risk is placed on the person who is in control of the object, the defence of loss of enrichment should not be available to any party. His reasoning and suggestions is dealt with in more detail in this thesis. This study argues that the current strict approach applied under South African law regarding minors’ unassisted contracts needs to be re-considered. The current approach is dated and is not in line with modern tendencies and legislation. No proper consideration is given to minors’ development into adulthood or personal circumstances of the parties. It is submitted that in the process of re-consideration, some form of acknowledgement must be given to minors’ development towards mature adults. It is submitted that this would be possible by introducing a more flexible approach to regulate the enforceability and unwinding of minors’ unassisted contracts.
AFRIKAANSE OPSOMMING Dit is ‘n algemene beginsel van die Suid-Afrikaanse reg dat ‘n kontrak aangegaan deur ‘n minderjarige sonder die nodige bystand van sy ouer of voog onafdwingbaar is teenoor die minderjarige. Die minderjarige sal slegs gebonde wees indien die kontrak afgedwing word deur sy voog, of indien die minderjarige self die kontrak ratifiseer nadat hy meerderjarig word. Dit impliseer dat die ander party in ‘n ongunstige posisie is, aangesien die werking van die kontrak onseker is totdat die voog besluit om die kontrak af te dwing of te repudieer, of totdat die minderjarige dit ratifiseer nadat hy meerderjarig word. Gedurende hierdie interim periode mag die ander party nie terugtree uit hierdie kontrak nie. Sou dit bepaal word dat die kontrak misluk het, ontstaan die vraag tot watter mate die partye verplig word om prestasies wat reeds gemaak is, terug te gee. In terme van die Suid-Afrikaanse reg is die meerderheidsopinie dat hierdie eise gebaseer is op onregverdige verryking, maar die omvang van die partye se eise verskil. In beginsel is beide partye se aanspreeklikheid beperk tot die bedrag wat steeds in sy boedel beskikbaar is, weens die beskikbaarheid van die verweer van verlies van verryking. Maar die toepassing van die verweer is onderworpe aan ‘n uitsondering wat nie op beide partye geld nie. Indien die ander party geweet het of moes geweet het dat die verryking sine causa was, maar steeds afstand gedoen het van die verryking, sal hy aanspreeklik gehou word vir die volle verryking. Hierdie reel is egter nie van toepassing op die minderjarige se verrykingsaanspreeklikheid nie. Met ander woorde, indien die minderjarige geweet het of moes geweet het dat die verryking sine causa was, en steeds afstand gedoen het van die verryking, sal hy steeds die verweer van verlies van verryking kan opper. Bowendien, die reels van toepassing op minderjariges se verrykingsaanspreeklikheid is van toepassing op alle minderjariges, en geen ruimte word gelaat om die spesifieke omstandighede van elke minderjarige in ag te neem nie. Wanneer ons kontrakte aangegaan deur minderjariges sonder die nodige bystand, oorweeg, word dit algemeen aanvaar dat daar twee kompeterende beginsels van belang is. Aan die een kant moet die reg die minderjarige beskerm teen sy onvolwassenheid en gebrek aan ondervinding. Aan die ander kant moet die reg ook die belange van die ander party beskerm. Dit sal deurlopend in hierdie studie gesien word dat die behoorlike balansering van hierdie twee beginsels nie ‘n maklike taak is nie. Die hoofdoel van hierdie tesis is om die beginsels wat die afdwingbaarheid en ontbinding van minderjariges se kontrakte in Suid-Afrika, wat aangegaan is sonder die nodige bystand van ‘n voog, te ondersoek. ‘n Vergelyking sal getref word met die beginsels wat in ander regstelsels toegepas word, om sodoende die ooreenkomste en verskille te identifiseer, asook om te bepaal wat hierdie verskille onderlê. Duitsland, Engeland en Skotland is gekies as vergelykende jurisdiksies vir verskeie redes, naamlik hulle historiese gebondenheid en die feit dat hulle drie groot regstradisies (die kontinentale regstelsel, die gemenereg en die gemengde regstelsel) verteenwoordig. Bowendien het beide Engeland en Skotland onlangse wetgewende hervorming ondergaan in hierdie sfeer van die reg, wat impliseer dat hierdie regstelsels waarskynlik in lyn sal wees met moderne tendense. Gevolglik kan hulle ‘n waardevolle raamwerk skep waarbinne moontlike hervorming in Suid-Afrika mag plaasvind. Alhoewel Duitsland grotendeels nog deur ouer wetgewing gereguleer word, het dit ook ‘n reeks interessante verwikkelinge ondergaan in die bepaling van die gevolge van kontrakte wat misluk het. Hellwege argumenteer dat die ontbinding van alle kontrakte dieselfde hanteer moet word, ongeag die onderliggende ontbindende faktor. Hy stel ook voor dat om te verhoed dat die risiko op slegs een party geplaas word, en om te verseker dat dit eerder gedra word deur daardie party wat beheer het oor die voorwerp, die verweer van verlies van verryking nie vir enige party beskikbaar moet wees nie. Sy redenering en voorstelle word in meer besonderhede in hierdie studie bespreek. Hierdie studie argumenteer dat die huidige streng benadering wat in Suid-Afrika toegepas word met betrekking tot kontrakte aangegaan deur minderjariges sonder die nodige bystand van ‘n voog, heroorweeg moet word. Die huidige benadering is verouderd en is nie lyn met moderne tendense en wetgewing nie. Bowendien word geen behoorlike oorweging gegee aan minderjariges se ontwikkeling tot volwassenheid nie, en die partye se persoonlike omstandighede word ook nie in ag geneem nie. Daar word argumenteer dat in die proses van heroorweging, ‘n mate van erkenning gegee moet word aan minderjariges se persoonlike ontwikkeling. Daar word verder argumenteer dat ‘n meer buigsame benadering toegepas moet word ten opsigte van die regulering van die afdwingbaarheid en ontbinding van hierdie kontrakte.

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20

Greenfield, Julianne. "Consuming passions in the court of faded dreams: 'high conflict' in children's cases in the Family Court of Australia". Thesis, The University of Sydney, 2007. http://hdl.handle.net/2123/20353.

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Abstract (sommario):

This thesis examines the construct of 'high conflict' as it is currently applied to children's cases in the Family Court. Underpinned primarily by psychological understandings of separation and post-separation conflict, notions of 'high conflict' have been the dominant framework used to understand and work with difficult cases involving parenting after separation in the Family Court of Australia. However, from a social work perspective, many 'lenses' were available with which to view post-separation conflict: the social, the legal, the psychological and the overlapping categories of the socio-legal and the psycho-social. These have been used to critically interrogate the concept of 'high conflict'. This mixed methods study was designed to investigate whether 'high conflict' can be predicted, so that these cases may be able to be more effectively managed by the Family Court. Consistent with a mixed methods approach, the research has moved through various phases. Firstly a large group (one-hundred-and-sixty) of parent litigants in children's cases was selected and surveyed, and the legal matter tracked through the Court in order to ascertain the ease or difficulty of settlement. Matters that took over twelve months to settle were designated 'high conflict'. The 'high conflict' litigants were compared with litigants whose matters settled relatively quickly, on a large number of variables collected from the survey, to see if they differed in significant ways from each other. Secondly all litigants in the cohort were interviewed about their settlement behaviour to see if there were differences between 'settlers' and 'non-settlers' in their understandings of the settlement (or lack of it) which might provide insights into 'high conflict'. Thirdly, a sub-sample often litigants whose cases were marked by long duration or marked intensity were interviewed in-depth to explore their post-separation experiences including litigation. The interviews were analysed thematically to see if common themes, understandings or meanings emerged. Finally, a sub-sample of cases for which both parents had responded to the survey was analysed, using some of the variables of interest which had emerged from the previous investigations. The distinguishing feature of this latter investigation was that data from both parties was available. From the large body of data which was generated, the following findings were made: In relation to the initial survey data, which was analysed quantitatively to yield correlates of cases that took over twelve months to settle, knowing these correlates was of little assistance for prediction. The follow-up in-depth data from the large sample of parent litigants proved to have explanatory value but not predictive value. Some common themes and meanings emerged from the experiences of individuals in the small sample who were interviewed in depth, accentuating the complexity of the phenomenon being studied. The predictive capacity of these themes was evaluated and critiqued. The data from the parent-dyads was found to have explanatory value and arguably some predictive value, but above all highlighted the complexity of post-separation disputes about children. This research has demonstrated the problematic nature of the construct of 'high conflict'. The ultimate conclusion, that one must move beyond categorical and dichotomous ways of thinking when researching this field, is a somewhat surprising and radical one, which issues its own challenge to researchers and practitioners in this field.

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21

Chapdelaine, Feliciati Clara. "The status of the girl child under international law : a semioethic analysis". Thesis, University of Oxford, 2016. https://ora.ox.ac.uk/objects/uuid:811e3c7a-40a8-4d1f-a790-7842eb1b8d0c.

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Abstract (sommario):

This thesis engages in a semioethic analysis of the English text of international human rights treaties to assess whether the provisions as formulated clearly identify the girl child and take into account her unique condition. Its hypothesis is that the terminology employed to define the girl child and phrase her rights is insufficient to ensure her protection. The thesis firstly explores the unique status of the girl child as a female and a child, and the obstacles she faces in exercising her rights as a result of sexism, childism, and interactive intersectional discrimination. It also presents the semiotics theory, the Meaning Triad developed by Victoria Lady Welby, which allows for an analysis of the sense, meaning and significance of terminology, and the semioethic approach, which studies the import of signs for the purpose of improving the human condition. The thesis explains how intersectionality theory and semioethics shall be applied as methodologies to examine the content of international treaties as concerns the girl child. Secondly, the thesis explores the status of the girl child under international law. It examines the gradual recognition of the girl child in the international legal apparatus and the definition of the girl child in international law and the English language. Thirdly, the thesis analyses the right to life of the girl child as a case study to investigate whether its formulation under international law sufficiently tackles three key violations experienced by girl children: prenatal sex selection, female infanticide, and feminicide of adolescent girls. The thesis focuses on the two main treaties pertaining to the girl child, the CRC and the CEDAW, and a central treaty protecting the right to life, the ICCPR. At the end of each chapter, recommendations are provided, where applicable, to modify the wording of relevant provisions in order to strengthen the protection of the girl child.

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22

梁惠芬 e Wai-fan Priscilla Leung. "The care or protection order in Hong Kong: isit an effective way to deal with children and juveniles beyondcontrol?" Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2002. http://hub.hku.hk/bib/B31979312.

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23

Van, Niekerk Hester Aletta. "Determining the competency of children with developmental delays to testify in criminal trials". Thesis, Rhodes University, 2015. http://hdl.handle.net/10962/d1017878.

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Abstract (sommario):

In South Africa children are required to testify under oath or admonition. The shortcomings of the competency test are of particular relevance to children with developmental disabilities, since courts are not equipped to adequately assess the competency of these children to give evidence. One component of testimonial competency, namely the understanding of the concepts truth and lies, is overemphasised and is examined with questions that are developmentally inappropriate for child witnesses in general. For children with cognitive disabilities, such questions create barriers for participation in the truth-seeking process. Consequently, convictions have been set aside on appeal owing to procedural irregularities found in the implementation of this test. In the literature review on testimonial competency, attention was given to restrictions that specific developmental disabilities impose on the perceptual, cognitive, communication and moral development of children. Two of four components – narrative ability and moral capacity – were studied in a sample of 184 children in middle childhood. Participants’ ability to give coherent and detailed accounts of events, their understanding of the concepts truth, lies, promises and the oath, and the Lyon and Saywitz oath-taking competency test, were investigated. Quantitative and qualitative methods were used for data analysis. Three groups were identified: those children with very limited, average or full testimonial competency. Their capacities were found to be related to maturation of cognitive functions and level of intellectual functioning. Participants were better able to demonstrate their understanding of truth and falsity by responding to the oathtaking test than giving verbal descriptions of these concepts. Whereas 1 percent of participants had a conceptual understanding of an oath, 15 percent understood the concept of a promise. Syncretism and confabulation compromised the narrative accounts of a substantial number of participants. Syncretism relates to immature narrative ability: correct details are combined in an illogical fashion. Confabulation refers to filling memory gaps with fabricated information. Guidelines on the competency determination of children with developmental disabilities were compiled. It is suggested that the competency examination be replaced by a formal, pre-trial competency assessment. The court should also receive expert evidence on how to facilitate meaningful participation when a child with sufficient testimonial competence is the witness.

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24

Jokani, Mkhuseli Christopher. "Innovations introduced into the South African criminal justice by the child justice Act 75 of 2008". Thesis, Nelson Mandela Metropolitan University, 2011. http://hdl.handle.net/10948/1571.

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Abstract (sommario):

The Child Justice Act 75 of 2008 has brought about some new elements in the South African Criminal Justice system in cases involving children in conflict with the law. The changes require that children in conflict with the law should be treated differently from adult accused persons. The Act is now regarded as a Criminal Procedure for children in conflict with the law. In other words the emphasis is on ensuring that children are diverted away from the formal Criminal Justice provided that children acknowledge responsibility. One of the elements that is introduced by the Act is the Preliminary Inquiry that is an informal, pre- trial procedure that must be held in respect of every child that is alleged to have committed an offence. The role of the Presiding Judicial Officer is very active during this stage because he is the one that takes charge of the proceedings and the role of the Prosecutor and the Legal Representative is very minimal. The purpose of the Preliminary Inquiry is in the main to determine whether a child in conflict with the law could be diverted if the provisions of section 52 (1) of the Act are complied with. Preliminary Inquiry if properly used will have possible benefits for the South African Criminal Justice system in that cases involving children will be timeously be finalised and the turn around time for criminal cases in general will possibly improve. Same will translate in the confidence of the citizens being improved in the Justice system. The second element that is introduced by the Act is formalised diversion into the Criminal Justice System. Diversion had for a number of years before the coming into operation of the Child Justice Act been used in South Africa but it was informal. The diversion that is envisaged by the Act is restorative in nature in that the Act seeks to involve the child offender, the victim, the community members to collectively identify and address harms, needs and obligations through accepting responsibility, making restitution, taking measures to prevent recurrence of the incident and promoting reconciliation. Restorative Justice is not a new invention in the South African legal system it is a return to traditional patterns of dealing with conflict and crime that had been present in different cultures throughout human history. Restorative Justice has been understood as Ubuntu in the African context. The Truth and Reconciliation Commission demonstrated the benefits of restorative justice in dealing with conflicts that had a potential of setting the country alight. Restorative Justice has evolved in South Africa throughout different historical epochs up to the current legal conjuncture. It has now been endorsed with success in precedent setting cases in the High Courts of the Republic and the Child Justice Act has now fully institutionalised it into the Criminal Justice system. One hopes that it will be extended beyond cases involving children in conflict with the law but to adult accused persons. Various pieces of legislation attempt to endorse the principles of restorative justice but are not as comprehensive as the Child Justice Act. There are 4 instances where a matter may be diverted in terms of the Act: (i) By a Prosecutor in terms of section 41; (ii) Diversion at Preliminary inquiry; (iii) Diversion before the closure of state case at trial; (iv) At any time during trial but before judgement. There are 2 diversion options that are provided by the Act that is level one diversion option in respect of schedule 1 offences and level 2 diversion options in respect of schedule 2 and 3 which are much more serious. The Act further entrenches Family Group Conference as well as Victim Offender Mediation which are restorative justice mechanisms. The legal consequences of diversion are that when the child has successfully complied is equivalent to an acquittal. The last element is the multi sectoral approach to crime fighting in that all role players should work together in dispensing justice to children in conflict with the law. The days of working in silos are now over because everybody has a role to play and there has to be collaboration at all levels. The Act entrenches the public private partnerships particularly in helping to rehabilitate and reintegrate children to society. The Act provides for the establishment of One Stop Child Justice Centres. The purpose is to promote cooperation between government departments, non governmental organisations and civil society to ensure integrated and holistic approach in the implementation of the Act. The Act further provides for the development of the National Policy Framework by the Departments of Justice and Constitutional Development, Social Development, Correctional Services, South African Police Services, Education and Health within 2 months of the commencement of the Act. The purpose is to ensure uniform, coordinated and cooperative approach by all government departments, organs of state and institutions in dealing with matters of child justice and enhance service delivery. This study seeks to examine the innovations brought about by the Child Justice Act into the South African Criminal Justice System. The study further explores the possible benefits that may accrue to the Criminal Justice System because of Preliminary Inquiry, Restorative Justice and the Multi Sectoral Approach to crime.

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25

Chetty, Kasturi. "The interaction of children's rights, education rights and freedom of religion in South African schools". Thesis, Nelson Mandela Metropolitan University, 2013. http://hdl.handle.net/10948/d1020864.

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This study examines the topic of the interaction of children’s rights, education rights and freedom of religion in South African schools from a legal perspective. It comprises of a discussion on the historical development of religion in South African schools; South Africa’s international obligations with regards to children’s rights, education rights and freedom of religion and the South African substantive law pertaining to children rights, education and freedom of religion as impacting on legal issues pertaining to religion in schools. The study utilises a desktop approach, which comprises of a wide range of legal and other literary sources, international instruments, statutes and case law on children’s rights, education rights and freedom of religion. Importantly, it highlights the integral connection between these aforementioned rights when dealing with issues pertaining to religion in schools. This thesis illustrates that much of the historical development of religion in schools took place without consideration of children’s rights, or more particularly, the best interests of the learners. Instead, (a particular brand of) religious beliefs were promoted in education above other religions and the well-being of school-children. Furthermore, despite the introduction of specific children’s rights into the Constitution, this thesis emphasises that the rights of children have still not been recognised sufficiently in education laws and policies. It is submitted that children’s rights have a paramount and practical role to play in matters pertaining to religion in South African schools. Consequently, it is recommended that children’s rights, more particularly the best interests of the child principle, should be expressly introduced into education legislation and policies. This will create legal obligations for school administrators and SGBs on the inclusion of children’s rights in religious exemption procedures. Furthermore, it is recommended that national guidelines on religious/cultural exemptions (which incorporate children’s rights) be developed which will set legal parameters for the handling of religious/cultural exemption procedures in schools. This thesis also argues against the interpretation that the right to establish private schools includes the right to require religious conformity from non-adherent learners by way of a complete waiver of their religious freedom. Despite the importance of respecting the right of religious communities to protect and preserve their faith in private schools, it is submitted that this right cannot be exercised without regard for the religious freedom, dignity and best interests of non-adherent children. As a result, it is submitted that the waiver of the freedom of religion of non-adherent children is not consistent with the values which South African society reveres and therefore cannot be enforced. This thesis suggests that there is a way for the rights of private schools and the rights of non-adherent children to co-exist in harmony through the application of the reasonable accommodation principle in private schools. Reasonable accommodation of different faiths teaches religious tolerance to leaners in private schools and ensures that they are prepared to grapple with the religious diversity that they will inevitably face outside of the school environment. It is submitted that the enforcement of reasonable accommodation in private schools is to the benefit of all learners in private schools and to South African society in general. Moreover, this study questions and analyses the state’s provision of compulsory religion education in public schools through the National Policy on Religion and Education. A theoretical distinction is made between religion education and religious instruction in the National Policy itself. Religious instruction refers to the teaching of specific religious beliefs. Religion education refers to the teaching about different religions and worldviews from an academic perspective. It is submitted that the National Policy is correct in removing religious instruction from public schools as this would not be in accordance with freedom of religion or equality rights of learners who are not of the majority faith. It is submitted further that, although the provision of compulsory religion education in public schools impacts upon the freedom of religion of learners and their parents, (if taught correctly) it is a reasonable and justifiable limitation on freedom of religion in that it pursues the legitimate state goal of nation-building through the teaching of religious tolerance and “celebrating diversity” in schools. In light of South Africa’s history of religious discrimination, it must be recognised that the current position (although not problem- free) is a significant step forward in the protection of minority religious rights in South African schools. Despite this, it is submitted that there are numerous problems with the implementation of the National Policy that impact upon the dignity, equality and other rights of the learners concerned. These problems cannot be ignored since they impact upon the daily lives of school children. However, many of these problems can be minimised through more effective teacher training in this subject area. Accordingly, this thesis recommends that the current position be maintained as an acceptable compromise between the two extremes of providing religious instruction in one faith and removing religion education from public schools altogether. However, it emphasises that the state has to make a concerted effort to improve teacher training in this subject area in order to ensure that the objectives of the National Policy are carried out as envisaged. Furthermore, this thesis finds that certain provisions of the National Policy contain not only educational goals, but spiritual goals. Also in some instances, it is difficult to determine whether the religion education curriculum borders on being religious or not. In accordance with freedom of religion, it is submitted that the line between religion education and religious instruction must be clearly drawn in law and in practice. Consequently, the state must reconsider the National Policy and the corresponding religion education curriculum to ensure that they are aligned with the objectives of nation-building in all respects, meaning that any provisions or learning outcomes which have purely spiritual goals- must be amended or removed.

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26

Wilkerson, Tendai Marowa. "A comparative analysis of the intermediary systems in South Africa, Namibia, Zimbabwe and Ethiopia". Thesis, Rhodes University, 2011. http://hdl.handle.net/10962/d1003213.

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Abstract (sommario):

Prior to 1990, very few countries in the world offered special protection to child witnesses interfacing with the justice system. There were no legal provisions permitting testimonial accommodations for children in court. The courtroom experience was significantly traumatic for the children. With the international focus shifting from protecting and upholding the rights of the accused in the courtroom towards a more victim-centred approach, various international and regional instruments have strongly dvocated that children deserve special protection because of their vulnerability. In order for the courts to be able to elicit accurate evidence from the child without further traumatizing the child, research has shown that the child needs assistance. An intermediary may be defined as a person who facilitates communication between the child and the courtroom in a manner that takes into account the child‟s cognitive and developmental limitations. The thesis was prompted by the need to make a contribution to the currently limited body of literature on the intermediary systems in South Africa, Namibia, Zimbabwe and Ethiopia by investigating how the systems can be improved and sustained in a way that helps to protect the child witness in court. Despite the problems the South African courts have had in identifying the appropriate interpretation of its intermediary legislation, the country emerges as a clear leader for the steps it took by creating a positive legal framework within which child protection issues are addressed and introducing the concept of the intermediary. This concept proved to be an inspiration to its neighbours, Namibia and Zimbabwe. The influence of the South African intermediary legislation is evident in the Namibian and Zimbabwean legislation. Although Namibian legislators have drafted laws that permit intermediary assistance in court, there are as yet no intermediaries appointed. In Ethiopia, although there is no discernible intermediary legislation, the country has managed to establish an intermediary system. As a result of the analysis conducted, it is evident that the efficacy of the intermediary system is dependent on the presence of an enabling legislation, its clarity and ease of interpretation, the sensitisation of court role players on child vulnerabilities, the significance of intermediary assistance, and finally a government's commitment towards the implementation process.

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27

Brink, Ronelle Bonita. "The child accused in the criminal justice system". Thesis, Nelson Mandela Metropolitan University, 2010. http://hdl.handle.net/10948/1229.

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Abstract (sommario):

The high level of crime in South Africa raises the question about the failures of the criminal justice system on the one hand, and South Africa’s social policies on the other. Young people in South Africa can disproportionately be both victims and perpetrators of crime in the Republic of South Africa. The child accused in conflict with the law is dealt with in much the same way as their adult counterparts, as the criminal justice system was designed by adults for adults. South Africa became a signatory to the United Nations Convention on the Rights of the Child 19891(hereinafter referred to as UNCRC) on 16 June 1995. The UNCRC provides a backdrop to section 28 of the Constitution of the Republic of South Africa Act.2 Article 3(1) of the UNCRC provides as follows: “in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be primary consideration.” South Africa is therefore according to article 40(3) of the UNCRC obliged to “establish laws, procedures, authorities and institutions specifically applicable to children in conflict with the law”.3 In terms of article 40(1) of the UNCRC “State Parties recognise the right of every child alleged as, accused of, or recognised as having infringed the penal law to be treated in a manner consistent with the promotion of the child’s sense of dignity and worth, which reinforces the child’s respect for the human rights and fundamental freedoms of others and which takes into account the child’s age and the desirability of promoting the child’s reintegration and the child’s assuming a constructive role in society.”4 1 Adopted by the General Assembly resolution 44/25 on 20 November 1989. 2 The Constitution of the Republic of South Africa Act, Act 108 of 1996. Hereinafter referred to as the “Constitution”. 3 South Law Reform Commission Discussion Paper 96. 4 United Nations Convention on the Rights of the Child adopted by the General Assembly resolution 44/25 on 20 November 1989. iv Synopsis 2003 states that “the Ratification of the UNCRC by the South African government in 1995 set the scene for broad-reaching policy and legislative change”.5 The Constitution includes a section protecting children’s rights, which includes the statement that children have the right not to be detained except as a measure of last resort and then for the shortest appropriate period of time, separate from adults and in conditions that take account of his/her age. 6 After being off Parliament’s agenda since 2003, the Child Justice Act7 has recently been reintroduced. The Act aims to ensure consistent, fair and appropriate treatment of the child accused in conflict with the law. The question arises whether the South African Criminal Justice system involving the child accused adequately recognises and protects the interests of the child accused, particularly in view of the present international legal position.

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CERAN, Olga. "Cross-border child relocation : national law in a united Europe". Doctoral thesis, European University Institute, 2022. http://hdl.handle.net/1814/74359.

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Abstract (sommario):

Defence date: 17 March 2022
Examining Board: Prof. Stefan Grundmann (Humboldt-Universität zu Berlin & European University Institute); Prof. Martijn Hesselink (European University Institute); Prof. Katharina Boele-Woelki (Bucerius Law School); Dr. Ruth Lamont (University of Manchester)
Cross-border child relocation cases are among the most difficult disputes that family judges need to face. Commentators across the globe disagree on the interpretation of the child's best interests and the relevance of adults' autonomy in this context. As relocations are directly concerned with free movement, the literature has expressed an interest also in the European Union's influences in this area. However, considering its lack of competence in family law and the limited jurisprudence of the Court of Justice of the European Union on such issues, some questions about the scope and nature of obligations imposed by EU law remain open. This thesis investigates, therefore, the following question: What is the (nature of) EU law's influence on cross-border child relocation and what are its effects on national legal systems? Its contribution is two-fold. Methodologically, it proposes a constructively oriented investigation of European influences in child relocation law. Cross-border movement constitutes the main raison d'être of EU law, and a defining feature of its community. Hence, a mixture of traditional values and new ways of life - sanctioned by a supranational entity - might lead to new dilemmas regarding children's interests and adult autonomy and complicate relocation decisions. The suggested approach allows contextual influences to be analysed together with legal doctrines, at both the EU and the national level. Substantively, the thesis builds on existing research to refine the understanding of child relocation in the context of supranational fundamental rights and freedoms in the EU, in their doctrinal and ideational dimensions. Finally, using case law from Germany, Poland, and England and Wales, it qualitatively investigates how national judges encounter the EU and draw from its ideational and legal features. This thesis demonstrates how the normatively inflicted EU context is occasionally used in courts but does not seem to consistently reorient national approaches towards the EU.
Chapter 3 ‘Child relocation and the European framework of human rights' of the PhD thesis draws upon an earlier version published as an article 'Child relocation, soft law, and the quest for umiformity at the European court of human rights : part one' (2020) in the journal ‘Prawa prywatnego’
Chapter 3 ‘Child relocation and the European framework of human rights' of the PhD thesis draws upon an earlier version published as an article 'Child relocation, soft law, and the quest for umiformity at the European court of human rights : part two' (2021) in the journal ‘Prawa prywatnego’

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Odongo, Godfrey Odhiambo. "The domestication of international law standards on the rights of the child with specific reference to juvenile justice in the African context". Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&amp.

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Abstract (sommario):

The thesis focused on how the advent of children's rights, in particular the Convention on the Rights of the Child (CRC), has impacted on the subject of juvenile justice and embarked on a practical examination of law reform in this regard in an African context. The focus was placed on a number of African countries that have embarked on or completed child law reform in the aftermath of ratification of the CRC. The case studies in this thesis were Ghana (1998-2003), Kenya (1993-2001), Namibia (1994 to date), Lesotho (2003 to date), South Africa (1997 to date) and Uganda (1992-1996).

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30

Venter, Marcia A. "Disputed parental relocation : determining the best interests of the child". Thesis, Stellenbosch : Stellenbosch University, 2003. http://hdl.handle.net/10019.1/53397.

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Abstract (sommario):

Thesis (MA)--University of Stellenbosch, 2003.
ENGLISH ABSTRACT: In recent years the issue of relocation has been much discussed and litigated. The complexity of the issues inherent in relocation disputes and the relative lack of research in the area points to the need for a more comprehensive, coherent and empirically sound approach than exists at present. The major considerations involved in relocation disputes, using the best interests of the child standard as a reference point throughout, in terms of the available research and issues that require empirical attention, are presented. These include the relationship of the best interests of the child standard in considering the common motivations for relocation, significant psychological factors, cultural, gender and personal biases, the recent collaboration between the psychological and legal professions and the process of psychological assessment. A number of South African court decisions are reviewed to provide an overview of how the law tends to approach these issues. A number of important research areas are described and several factors are identified that is essential for the evaluator to consider when evaluating a relocation dispute.
AFRIKAANSE OPSOMMING: Oor die afgelope aantal jare het die kwessie van verhuising gereeld onder die soeklig gekom en is dit in howe oor en weer beredeneer. Die kompleksiteit van die kwessies inherent aan verhuisingdispute en die relatiewe gebrek aan navorsing oor die saak, vereis In meer omvattende, koherente en empiries verantwoordbare benadering as wat daar vandag bestaan. Belangrike oorwegings wat ter sake is in verhuisingskwessies en deur gebruik te maak van die beste belange van die kind standaard as In deurlopende verwysingspunt in terme van die beskikbare navorsing en kwessies wat empiriese ondersoek vereis, word bespreek. Dit sluit in die verhouding van die beste belange van die kind standaard in die oorweging van die algemene motiverings vir verhuising, betekenisvolle sielkundige faktore, kultuur, geslag en persoonlike vooroordele; die onlangse samewerking tussen die sielkunde en die reg, asook die proses van sielkundige assessering. In Aantal Suid-Afrikaanse hofuitsprake word bespreek om In oorsig te gee van hoe die reg geneig is om hierdie saak te benader. In Aantal belangrike navorsingsareas word beskryf en verskeie faktore word geïdentifiseer wat van wesenlike belang is om te oorweeg by die evaluering van In verhuisingsdispuut.

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Sherwood-Johnson, Fiona. "Exploring the meaning of protection from abuse : problem construction in Scottish adult support and protection practice and policy". Thesis, University of Stirling, 2013. http://hdl.handle.net/1893/17004.

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Abstract (sommario):

This PhD project by publication begins to explore how Scottish adult support and protection (ASP) policy and practice carves out its role and remit. It examines the ways that concepts like “abuse”, “vulnerability” and “protection” have been constructed, both by individual practitioners and at a policy level. The submission comprises five papers published in peer-reviewed journals and this contextualising document, which knits together the work and draws out overall conclusions and implications. The papers themselves report on a literature review, a further analysis of case study research into ASP practice and a critical policy comparison. The case study research was conducted immediately prior to legislative changes in Scotland with respect to ASP, and the policy comparison was conducted subsequently to these changes. Overall, the findings highlight the ways that a social constructionist approach can usefully deepen our understandings of ASP. That is, they show how understanding concepts like “protection”, “vulnerability” and “abuse” to be actively constructed in unique and complex contexts can promote criticality in policy-making, practice and research.

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Mankazana, Sobantu Vincent. "Investigation into the implementation of the childrens act no 38 of 2005 in mainstream schools in the Fort Beaufort education district". Thesis, University of Fort Hare, 2012. http://hdl.handle.net/10353/502.

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Abstract (sommario):

In this study the focus is on the implementation of the Children’s Act in mainstream schools. The Children’s Act mandates that all children who are in need of care both in school and out of school should be taken care of and be protected. However, they are often not afforded the full opportunity to enjoy the benefits of this Act. This is due to various factors that hinder the process of its implementation in mainstream schools. The main emphasis of this study is on the factors that hinder the implementation of the Children’s Act. The aim of the Children’s Act is to look after and provide services and support to children in need of care and protection. In order to provide such services and support to children, one needs to first identify such learners in need of care and their needs. Having done this, the support needed can be assessed and provided. This process is not easily achieved in mainstream schools. This study seeks to determine the factors that discourage the implementation process of the Children’s Act in mainstream schools. Data collection for this study included face to face interviews with teachers who are principals of schools and Life Orientation teachers, a social workers and school nurse. The data was used to analyze and interpret the challenges that hinder the implementation of the Children’s Act in mainstream schools. Among others, the study found that there is a lack of collaboration among stakeholders and coordination of service delivery. Poor parental involvement and commitment to parent involvement programmes was also evident. However, to a limited degree, there is interaction between the schools and relevant government departments. The study recommends that multidisciplinary teams should be formed whereby scarce resources can be shared. Various professionals should have the opportunity to come together toshare ideas and information. In order to encourage identification of learners in need of care, it is recommended that, the peer groups or peer educators be established and awareness campaign be conducted in schools. The study also recommends that developmental assessment programmes be conducted. Developmental assessment programmes will help gather information directly from learners or from an appropriate adult in the child’s life. They provide frameworks which can be used as guides for eliciting and analysing information.

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33

Fourie, Melanie. "Prosecuting sexual abuse of children : enhancement of victims rights vs protection of constitutional fair trial rights". Thesis, Stellenbosch : Stellenbosch University, 2005. http://hdl.handle.net/10019.1/50431.

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Abstract (sommario):

Thesis (LLM)--Stellenbosch University, 2005.
ENGLISH ABSTRACT: In 2002 the South African Law Commission published a report in which amendments to the existing rules of criminal procedure and evidence were proposed. A number of these recommendations have since been included in a Bill that was tabled before Parliament in 2003. The proposed amendments largely reflect values which underlie the "Victims' Rights" movement. The aim of this thesis is to consider the possible influence of these amendments on the constitutionally guaranteed fair trial rights of the accused. The study focuses on those amendments that play a role in the prosecution of alleged sexual offences against children, and shows that although the recognition of victims' rights is important, it should not be done at the expense of a fair trial. Dangers inherent to the proposed amendments are therefore highlighted. The rights of the accused are used to test the desirability or not of the proposed amendments. Foreign authority is used to support the argument made in the thesis.
AFRIKAANSE OPSOMMING: In 2002 het die Suid-Afrikaanse Regskommissie 'n verslag gepubliseer waann veranderings aan die huidige strafprosesreg- en bewysregreëls voorgestel word. 'n Aantal van hierdie voorgestelde wysigings is intussen opgeneem in 'n Wetsontwerp wat in Augustus 2003 voor die Parlement gedien het. Die voorgestelde wysigings reflekteer tot 'n groot mate waardes wat die "Victims' rights" beweging onderlê. Die doel van hierdie tesis is om die moontlike invloed van hierdie wysigings op die grondwetlik verskanste billike verhoor regte van die beskuldigde te ondersoek. Die ondersoek fokus op daardie veranderinge wat 'n rol speel in die vervolging van beweerde geslagsmisdade teen kinders. Daar word aangetoon dat alhoewel die erkenning van regte vir slagoffers belangrik is, dit nie ten koste van 'n regverdige verhoor gedoen kan word nie. Gevare verbonde aan die voorgestelde wysigings word dus uitgewys. Die regte van die beskuldigde word deurgaans gebruik om die wenslikheid al dan nie van die voorgestelde wysigings aan te toon. Buitelandse gesag word aangewend om die betoog te ondersteun.

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34

Rossouw, Lynette. "The implementation of changed policies pertaining to child and youth care : views and experiences of team members". Thesis, Stellenbosch : University of Stellenbosch, 2009. http://hdl.handle.net/10019.1/1356.

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Thesis (DPhil (Social Work))--University of Stellenbosch, 2009.
ENGLISH ABSTRACT: The changes in child and youth care policies over the last fifteen years have had profound consequences for the staff at Youth Care and Education Centres (hereafter referred to as YCECs). These changes included systemic changes, philosophical changes, and changes in the way services are rendered to children and youth in their care. It was thus expected of team members to not only change their behaviours but to also make mind shifts. The mandates were that they move from working in silos (educators, residential educators and support team) to working in teams; from rendering generic services to developing individualised plans for children and youth; from following a medical (deficit) approach in service delivery to following a strength based- and developmental approach. Whereas a punitive approach to discipline was followed in the past staff members now have to follow a restorative approach. In addition, the emphasis on children’s rights, in general, and the abolishment of corporal punishment, in particular, brought about changes in the nature of the adultchild relationship. It was required of the team members to learn to use alternatives to this form of punishment. The study explored how the members of the institutional level teams at the four YCECs in the Western Cape were experiencing the implementation of changed child and youth policies. A combined quantitative and qualitative research methodology was followed in obtaining the data from the residential educators, as well as the educators and the support team members comprising of psychologists, school social workers, occupational therapists, and school nurses. The points of departure were the organisational learning model and the phases of team development. Findings derived from the empirical study were that the difference between the way the participants embraced and implemented changed policies and legislation had much to do with the guidance that the principal and senior management provided for them. Where the principal set the tone and conveyed the message that the implementation of the policies were not negotiable and gave staff members the opportunity to thoroughly discuss these changes, they eventually shared the underlying principles of the changed policies. Where the principal provided direction, support and encouragement for the implementation of the changed policies the participants felt secure and empowered. Where this support was not present participants felt uncertain and to some extent let down. When a shared vision was articulated to them the participants were able to align their personal visions thereto, which further led to a greater understanding of their roles within the team. Where participants, however, were not clear on the shared vision they seemed to struggle with role division and status and power issues. When team members were left to their own devices a measure of personal mastery still took place due to the commitment of individuals but team learning was either limited or virtually nonexistent. Systems thinking remained a challenge due to the forming of subgroups within the YCEC and the limited or nonexistent services rendered by external social workers to the families of the children and youth. The most important recommendations resulting from the study indicate that provision must be made for frameworks for the implementation of changes in policy and guidelines for team processes. To ensure that new staff is informed about the policies that guide their services an orientation programme must be in place. Training for principals in effective introduction and implementation of change should also be provided. To ascertain what the staff complement should be to effectively implement changes in the policies, a work-study and a fast track pilot project should be conducted. From this, job descriptions should be developed that make provision for the incumbent’s role within the team. Consideration should also be given to the incentive system that currently only makes provision for individual performance and could hamper teamwork.
AFRIKAANSE OPSOMMING: Die veranderinge in kinder- en jeugsorgbeleide oor die laaste vyftien jaar het diepgaande gevolge ingehou vir personeel by Jeugsorg- en Onderwyssentrums (hierna verwys as JSOS). Hierdie veranderinge het sistemiese en filosofiese veranderings, asook verandering in die wyse waarop dienste gelewer word, aan kinders en jeug in hul sorg, meegebring. Dit word dus van die spanlede verwag om nie net hul gedrag nie, maar ook hul denkwyse te verander. Die mandate vervat in die beleide is dat personeel skuif van werk in silos (opvoeders, residensiële opvoeders en ondersteuningspan) na werk in spanne; van die lewer van generiese dienste tot die ontwikkeling van individuale planne vir kinders en jeug; van die volg van ‘n mediese benadering aangaande dienslewering tot ‘n sterkte-gebaseerde- en ontwikkelingsbenadering. Waar daar in die verlede ‘n strafgerigte benadering gevolg is moet daar nou beweeg word na ‘n helende benadering. Verder het die klem op kinderregte in die algemeen, en die afskaf van lyfstraf in besonder, veranderings meegebring in die aard van die volwasse-kind verhouding. Dit was verwag van die spanlede om te leer om alternatiewes tot die vorm van straf aan te leer. Die studie het ondersoek ingestel na hoe lede van die inrigtingsgebaseerde span by die vier JSOS in die Weskaap die implementering van veranderde kinder- en jeugbeleid ervaar. ‘n Gekombineerde kwantitatiewe en kwalitatiwe navorsing metodologie was gevolg in die insamel van data van die residensiële opvoeders, die opvoeders en die lede van die ondersteuningspan (sielkundiges, skool maatskaplike werkers, arbeidsterapeute en skool verpleegkundiges). Die vertrekpunt was the organisasieleer model en die fases van spanontwikkeling. Bevindings wat gemaak is uit die empiriese studie was dat die verskille tussen die wyse waarop die deelnemers die veranderde beleid aanvaar en implementeer het baie te doen gehad het met die mate van leiding wat die prinsipaal en senior bestuur vir hul gegee het. Waar die prinsipaal die toon aangegee het en die boodskap oorgedra het dat die implementering van die beleide nie onderhandelbaar was nie en personeellede die geleentheid gebied is om die veranderings deeglik te bespreek, het hul geleidelik ingekoop in die veranderde werkswyses. Waar die prinsipaal rigting en ondersteuning vir die implementering van die veranderde beleid gebied het, het die deelnemers veilig en bemagtig gevoel. Waar die ondersteuning egter ontbreek het, het die deelnemers onseker en, tot ’n mate, in die steek gelaat gevoel. Wanneer ‘n gedeelde visie oorgedra is aan hulle was die deelnemers in staat om hul persoonlike visies in lyn te bring daarmee. Dit het verder aanleiding gegee tot beter begrip vir hul rolle binne die span. Waar deelnemers egter nie duidelik was oor die gedeelde visie nie, het dit geblyk dat hulle probleme gehad het met rolverdeling, status en magaangeleenthede in die span. Wanneer spanlede oorgelaat is aan hul eie lot het ‘n mate van persoonlike bemeestering nog plaasgevind as gevolg van die persoonlike toewyding van individue, maar spanleer was óf beperk óf feitlik afwesig. Sisteem denke was steeds ‘n struikelblok as gevolg van die vorming van subgroepe binne die JSOS en die beperkte of afwesige dienslewering deur eksterne maatskaplike wekers aan gesinne van die kinders en jong mense. Die belangrikste aanbevelings, wat voortspruit uit die studie, dui aan dat voorsiening gemaak moet word vir raamwerke vir die implementering van beleidsveranderings en riglyne vir spanprosesse. Om te verseker dat nuwe personeel ingelig is omtrent die beleide wat hul dienslewering rig moet ‘n oriënteringsprogram in plek wees. Opleiding van prinsipale in die effektiewe bekendstelling en implementering van veranderings moet ook voorsien word. Om vas te stel wat die aanvulling vir personeel moet wees om die veranderings in die beleid te implementeer, behoort ‘n werkstudie en ‘n snel loodsprojek onderneem word. Hieruit kan pligstate opgestel word wat voorsiening maak vir die ampsdraer se rol in spanverband. Oorweging moet geskenk word aan die aansporingstelsel wat tans net voorsiening maak vir individuele werksverrigting en wat spanwerk kan strem.

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35

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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36

Pereira, Rodolfo Santos. "A Violencia letal contra crianças e adolescentes na cidade de São Paulo". Pontifícia Universidade Católica de São Paulo, 2018. https://tede2.pucsp.br/handle/handle/21585.

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Submitted by Filipe dos Santos (fsantos@pucsp.br) on 2018-11-12T10:57:20Z No. of bitstreams: 1 Rodolfo Santos Pereira.pdf: 2620162 bytes, checksum: a23388865de795b188c375b77743073d (MD5)
Made available in DSpace on 2018-11-12T10:57:20Z (GMT). No. of bitstreams: 1 Rodolfo Santos Pereira.pdf: 2620162 bytes, checksum: a23388865de795b188c375b77743073d (MD5) Previous issue date: 2018-09-21
Conselho Nacional de Pesquisa e Desenvolvimento Científico e Tecnológico - CNPq
This scientific paper is the result of a personal – that later became professional – journey that aimed at understanding the reason why teeanged boys and girls kept being murdered in poor suburban neighborhoods in the state of São Paulo. As we could not analyze the lethal violence against children and teenagers in the whole state of São Paulo, we narrowed the objective to understand the reasons why the extermination takes place in the city of São Paulo. The dissertation is organized in three chapters. Chapter 1 is aimed at analyzing historically the development of childhood and adolescence in the Brazilian prism. This chapter has shown evidence of how violations of children and adolescente’s rights along with the lack of social policies aimed at this target group can contribute to the murder of these people. There were countless forms of thoughts and interventions in regards to the social vulnerabilities related to Brazilian childhood and adolescence such as Discipline; Coercion; Baby hatching; boarding school; child's code; Universal Declaration of the Rights of Children and Adolescents; Income distribution policies; Philanthropy; Charity; FEBEN; CASA Foundation; Child and Adolescent Statute; SINASE among many others. After having analyzed the data, the second chapter aimed at checking the lethal violence against children and adolescents in the city of São Paulo. This study addressed lethal violence across all age groups and regions of the country, taking into account all existing sides of this problem. Finally, we have analyzed the data from the 2012 to 2014 PPCAAM / SP management, which showed other profiles of children and adolescents to be exterminated in São Paulo. Only this collected data could support the study, however we believe that for a further research development and depth, interviews were carried out with professionals that work in the program as well as adolescents who have already been threatened with death. The interviews have shown that, according to these teenagers, death is nothing but a detail in communities of São Paulo, especially for those involved with some illicit activity. The popularized thought that "the only good indian is a dead indian understood through a cultural prism relating to thieves in Brazil] also affects children and adolescents. Both interviewees said they felt this in their relationship with the population and the police. According to these professionals, management and fund raising issues hinder the development of the Program, and this lethal violence fiercely attacks adolescence
Este estudo científico é fruto de uma jornada pessoal e posteriormente profissional que intrinsecamente despertava compreender porque meninos e meninas adolescentes eram constantemente assassinados nos bairros e periferias do Estado de São Paulo. Como não conseguiríamos analisar a violência letal contra crianças e adolescentes no Estado inteiro, delimitamos compreender os motivos pelos quais o extermínio ocorre no município de São Paulo. A dissertação foi dividida em três capítulos. O capítulo 1º analisou historicamente o desenvolvimento da infância e adolescência no cenário brasileiro. Este trajeto fez com que tivéssemos uma ideia de como as violações dos direitos das crianças e adolescentes, e a escassez de políticas sociais destinadas ao público podem contribuir para o assassinato destes sujeitos. Foram inúmeras formas de pensamentos e intervenções quanto as vulnerabilidades sociais referentes à infância e adolescência brasileiras. Disciplina; Coerção; Roda dos Expostos; Internato; Código do Menor; Declaração Universal dos Direitos das Crianças e Adolescentes; Assistencialismo; Filantropia; Caridade; FEBEM; Fundação CASA; Estatuto da Criança e do Adolescente; SINASE, e tantas outras. Com todo o material pesquisado, o segundo Capítulo analisou a violência letal contra crianças e adolescentes na cidade de São Paulo. Este estudo abordou a violência letal em todas as faixas etárias e regiões do país, levando em consideração todas as facetas existentes. Por fim, analisamos os dados da gestão entre 2012 a 2014 do PPCAAM/SP, que mostrou outros perfis de crianças e adolescentes sob risco de serem exterminados em São Paulo. Estes dados por si só já enriqueceriam o estudo, porém acreditamos que para desenvolvimento da pesquisa, foram realizadas entrevistas com profissionais de atuação no programa, e adolescentes que já estiveram ameaçados de morte. As entrevistas mostraram que segundo os adolescentes a morte chega a ser um “mero detalhe” nas comunidades de São Paulo, principalmente para aqueles envolvidos com alguma atividade ilícita. A ideia popular de que “bandido bom é Bandido morto” também atinge crianças e adolescentes. Ambos entrevistados afirmaram sentir isto na relação com a população e a polícia. Na concepção dos profissionais, questões de gestão e financiamento impedem o desenvolvimento do Programa, e a violência letal ataca ferozmente a adolescência

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37

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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38

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.
208 leaves

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39

Yates, Hannelie. "Die promovering van kinderregte : 'n prakties-teologiese ondersoek". Thesis, Stellenbosch : Stellenbosch University, 2012. http://hdl.handle.net/10019.1/71759.

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Thesis (DTh)--Stellenbosch University, 2012.
ENGLISH ABSTRACT: All children should be regarded and treated with dignity. Children’s rights have been established in the international community as well as in South African society to address any violations of children’s rights and any detrimental influence this can have on them. The responsibility of ensuring that the rights of children are implemented, respected and protected in civil society lies primarily with the national government. Nevertheless, the struggle to realise children’s rights extends across all sectors and levels of society. As part of the theological task of developing a publicly orientated ministry that will address the social circumstances of children in South Africa in a just way, this study took as its point of departure the contribution that Practical Theology can make towards a systematic and critical interpretation of the cause of children and their welfare and rights. At the time that the study was launched there was limited comprehensive analysis of the subject of children in Practical Theology that devoted attention to a theological response to the promotion of children’s welfare and rights in South African society. Two lacunae in the theorising on children were identified in South African academic studies in Practical Theology: (i) a lack of focus on children and their rights, and (ii) a general absence of strategic perspectives on how the theological community can deal with the contextual realities of children in South African society. The primary aim of this study was to develop a theoretical framework in terms of which the contribution of Practical Theology could be conceptualised as a discourse and practice that could promote the cause of children and their welfare and rights. David Tracy’s three publics of theological involvement (the academy, the church and civil society) and Richard Osmer’s conceptualisation of the four modes of practical theological interpretation (empiricaldescriptive, interpretive, normative and pragmatic) were harnessed in an interdisciplinary way to develop a deeper understanding of the welfare of children and the importance of a practical theological approach to advancement of children’s welfare and rights. On the basis of Tracy’s and Osmer’s conceptual frameworks, a number of conditions were identified to promote the cause of children, child welfare and children’s rights in the discipline of Practical Theology in Schools of Theology and Religion. These conditions include a third public mode of practical theological interpretation being adopted, a culture of adultism being confronted and transformed, and children’s acts of faith becoming an integral part of the field of Practical Theology. On the basis of an empirical investigation among registered members of the Society for Practical Theology in South Africa, the study comes to the conclusion that the academic field of Practical Theology, in its interaction with communities and civil society, can make a unique contribution to the advancement of children’s rights. The fundamental contribution of the academic field of Practical Theology to the advancement of children’s rights in South Africa recide in focussing on the inclusion of the cause of children in theological interpretation; by implication this will entail actively countering the exclusion of children in theological discourse and praxis in the field of Practical Theology.
AFRIKAANSE OPSOMMING: Alle kinders verdien om ooreenkomstig hul menswaardigheid beskou en hanteer te word. Kinderregte is deur die internasionale sowel as die Suid-Afrikaanse gemeenskap as respons daargestel om sake wat kinders se menswaardigheid aantas en hulle nadelig beïnvloed teen te werk. Die verantwoordelikheid om seker te maak dat die regte van kinders in die burgerlike samelewing gerespekteer, beskerm en verwesenlik word, lê primêr by die nasionale regering. Nietemin strek die stryd om kinderregte te laat realiseer oor alle sektore en vlakke van die samelewing heen. As deel van die teologiese taak om ’n publiek georiënteerde bediening te ontwikkel wat reg sal laat geskied aan die sosiale omstandighede van kinders in Suid-Afrika, het hierdie studie die bydrae wat Praktiese Teologie tot ’n sistematiese en kritiese interpretasie van die saak van kinders en hul welsyn en regte kan maak as vertrekpunt geneem. Met die aanvang van die studie het beperkte omvattende akademiese analise oor die onderwerp van kinders in Praktiese Teologie en Teologie as sodanig bestaan waarin aandag gegee is aan ’n teologiese respons op die bevordering van kinders se welsyn en hul regte in die Suid-Afrikaanse samelewing. Twee gapings in die teoretisering oor kinders in die Suid- Afrikaanse akademie van Praktiese Teologie is geïdentifiseer: (i) ’n gebrek aan fokus op kinders en hul regte en (ii) grootlikse afwesigheid van strategiese perspektiewe oor hoe die teologiese gemeenskap die kontekstuele realiteite van kinders in die Suid-Afrikaanse samelewing kan hanteer. Die doel van hierdie studie was primêr om ’n teoretiese raamwerk te ontwikkel in terme waarvan die bydrae van Praktiese Teologie tot ’n diskoers en praktyk wat vir kinders en hul welsyn en regte bevorderlik is, gekonseptualiseer kon word. David Tracy se drie publieke van teologiese betrokkenheid (akademie, kerk en burgerlike samelewing) asook Richard Osmer se konseptualisering van die vier take waarvolgens prakties-teologiese interpretasie kan geskied (empiries-beskrywend, interpreterend, normatief en pragmaties) is ingespan om op ’n interdissiplinêre wyse verdiepte begrip vir die welsyn van kinders en die belang van ’n prakties-teologiese bydrae tot die promovering van kinders se welsyn en regte te ontwikkel. Daar is aan die hand van die konseptuele raamwerke van Tracy en Osmer bepaalde voorwaardes geïdentifiseer waaronder die saak van kinders, kinderwelsyn en kinderregte in die beoefening van Praktiese Teologie aan Skole van Teologie en Godsdiens bevorder kan word. Hierdie voorwaardes sluit in dat ’n derde publiek-modus van prakties-teologiese interpretasie aangeneem word, ’n kultuur van adultism gekonfronteer en getransformeer word en kinders se geloofshandelinge geïntegreerd deel van die studieveld van Praktiese Teologie uitmaak. Op grond van ’n empiriese ondersoek onder geregistreerde lede van die Werkgemeenskap vir Praktiese Teologie in Suid-Afrika het die studie tot die gevolgtrekking gekom dat die akademie van Praktiese Teologie in interaksie met gemeentes en die burgerlike samelewing ’n unieke bydrae tot die bevordering van kinderregte kan lewer. Die akademie van Praktiese Teologie se fundamentele bydrae tot die promovering van kinderregte in Suid-Afrika bestaan daarin om te fokus op die insluiting van die saak van kinders in teologiese interpretasie; by implikasie sal dit behels dat Praktiese Teologie kinders se uitsluiting in teologiese diskoers en praxis aktief teëwerk.

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40

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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41

Souza, Luciano Aparecido de. "Criminalidade juvenil: significados e sentidos para “reincidentes” em Medidas Socioeducativas de Internação no Estado do Paraná". Universidade Tecnológica Federal do Paraná, 2016. http://repositorio.utfpr.edu.br/jspui/handle/1/2391.

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Abstract (sommario):

Esta investigação tem por objetivo analisar o significado e o sentido que “reincidentes” na Medida Socioeducativa de Internação paranaenses dão para a reincidência e a maneira pela qual reincidiram. Trata-se de uma abordagem qualiquantitativa, exploratória e descritiva, operacionalizada por meio da pesquisa bibliográfica e documental e da entrevista semi-estruturada. A orientação teóricometodológica de base empírica e documental que ilumina os procedimentos lógicos seguidos é a hermenêutica-dialética. A pesquisa descreve e contextualiza os principais instrumentos jurídico-normativos e teórico-praticos que atualmente regulamentam e informam, no Estado do Paraná, o tipo de intervenção estatal consubstanciada nas instituições, políticas, práticas profissionais e agentes especializados que compõem o Sistema Estadual de Atendimento Socioeducativo, apontado a conservação de uma estrutura material e institucional distintiva da modernidade penal, encoberta sob a perspectiva de uma “infância universal” e operacionalizada por um pretenso “reordenamento político-institucional” que ampliou o uso do encarceramento como resposta institucional à violência e à criminalidade juvenil partindo, primeiramente, da ideia de “reinserção” e, depois, de “prevenção” e gestão dos “fatores de risco”. Os resultados apontam uma seletividade penal focada na distinção de raça e classe, onde os “reincidentes” na Medida Socioeducativa de Internação representam 17,5% do total de adolescentes em “cumprimento” desta mesma Medida. Trata-se de jovens (92,7% entre 16 e 18 anos) não-brancos (61,8%), do sexo masculino (98,2%), com pouca escolaridade (74,5% na Fase II do Ensino Fundamental), excluídos do mercado de trabalho (81%), provenientes de famílias despossuídas (49% recebem entre 1 e 2 salários mínimos) e dos territórios precarizados dos grandes centros urbanos (80%). A “natureza” dos atos infracionais atribuídos aos “reincidentes” confirma a predominância de uma “criminalidade de rua” (76,3%) com destaque para os atos infracionais tipificados como crimes contra o patrimônio (roubo: 41,2%) e contra a incolumidade pública (tráfico de drogas: 21,4%). A chamada “criminalidade violenta” (crimes contra a pessoa) equivale a 13,4% de todos os atos infracionais atribuídos aos “reincidentes”. A investigação desvela que a privação de liberdade impede o acesso dos sujeitos a processos de socialização, pertencimento, reconhecimento e alteridade necessários à sua emancipação. Privilegiando a entrevista com “informantes-chave” e a constituição de suas trajetórias, vivências e experiências (tanto na relação com as instituições e organizações sociais quanto com as instituições de privação de liberdade), a investigação ratifica que a privação de liberdade, além de retirar o sujeito de seus círculos de relacionamentos e sistemas de trocas simbólicas, impedindo seu desenvolvimento pleno, reproduz injustiças sociais e estigmatizações, causando sofrimento inútil, alienação, controle, segregação e neutralização.
This research aims to analyze the meaning and the sense that "recidivists" in Measure Socioeducative of deprivation of liberty paranaenses give to the recidivism and the manner in which they relapsed. This is a qualitative and quantitative, exploratory and descriptive approach, operationalized through the bibliographical and documentary research and through the semi-structured interview. The theoretical and methodological, empirical and documentary guidance that illuminates the logical procedures followed is the hermeneutics-dialectics. The research describes and contextualizes the main legal-normative and theoretical-practical instruments that currently regulates and inform, in the State of Paraná, the type of state intervention consubstantiated in institutions, policies, professional practices and specialized agents that comprise the Socioeducative System of the State of Paraná, pointing out conservation of a institutional and material structure of the penal modernity, hidden from the perspective of a "universal childhood" and operated by an alleged "politicalinstitutional reorganization" which extended the use of imprisonment as an a institutional response to the juvenile violence and crime, starting, first, of the idea of "resocialization" and, then of the ideas of "prevention" and management of "risk factors". The results indicate a criminal selectivity focused on race distinction and on class distinction, where the "recidivists" on Measure Socioeducative of deprivation of liberty represent 17.5% of adolescents in "fulfillment" of that same Measure Socioeducative. It is young (92.7% between 16 and 18 years) non-whites (61.8%), male (98.2%), with low education (74.5% in Phase II of the Elementary School ), excluded from the labor market (81%), from dispossessed families (49% receive between 1 and 2 minimum wages) and of precarious areas of large urban centers (80%). The "nature" of the infractions attributed to the "recidivists" confirms the predominance of a "street criminality" (76.3%) highlighting the illegal acts typified as crimes against property (robbery: 41.2%) and against public safety (drug trafficking: 21.4%). The so-called "violent crimes" (crimes against persons) equals to 13.4% of all infractions attributed to the "recidivists". The research shows that deprivation of freedom prevents access of individuals to the socialization processes, belonging, recognition and otherness necessary for their emancipation. Privileging the interview with "key informants" and the constitution of their trajectories and life experiences (both in relation to the institutions and social organizations and with the institutions of deprivation of liberty), the research confirms that the deprivation of liberty, besides withdraw the subject of the your circles of relationships and of the your symbolic exchanges systems, preventing their full development, reproduces social injustices and stigmatization, causing suffering unnecessary, alienation, control, segregation and neutralization.

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42

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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43

Koo, Yilmin. "Framing the DREAM Act: An Analysis of Congressional Speeches". Thesis, University of North Texas, 2018. https://digital.library.unt.edu/ark:/67531/metadc1157597/.

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Initially proposed in 2001, the Development, Relief, and Education for Alien Minors Act (DREAM Act) continues to be relevant after nearly 20 years of debate. The year 2010 was significant because there seemed to be some possibility of passage. This study investigated the ways in which the DREAM Act discourse was framed that year by supporters and opponents. Selected Congressional speeches of three supporters and three opponents were analyzed using the approach to frame analysis developed by Schön and Rein. Accordingly, attention went to each individual's metacultural frame (i.e., culturally shared beliefs), policy frame (i.e., identification of problem and presentation of possible solution), and rhetorical frame (i.e., means of persuading the audience). Attention also went to the shared framing among supporters and the shared framing among opponents as well as differences in framing across the two groups. Although speakers varied in framing the issue, there were commonalities within groups and contrasts between groups. For supporters, the metacultural frame emphasized equity/equal opportunity, fairness, and rule of law; for opponents, the metacultural frame stressed rule of law, patriotism, and national security. For supporters, the policy frame underscored unfairness as the problem and the DREAM Act as the solution; for opponents, the policy frame emphasized the DREAM Act as the problem and defeating the DREAM Act as the solution. Rhetorical frames also differed, with the supporters making much use of testimonial examples and the opponents making much use of hyperbole. The study illustrates (1) how the same named values and beliefs can have dramatically different interpretations in metacultural framing, as were the case for rule of law and American dream in this discourse; (2) how the crux of an issue and its intractability can be seen by looking at how the problem is posed and how the solution is argued, and (3) how speakers strengthen their claims with particular kinds of rhetorical devices. Through descriptions of political positioning on the DREAM Act, the study contributes to understandings of ongoing issues regarding the lives of undocumented young people who have received and are receiving education in the U.S.

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44

Williams, Felicity Gertrude. "Children's participation and procedures at the office of the family advocate". Thesis, 2004. http://hdl.handle.net/10413/9514.

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Children's right to participate in judicial and administrative matters that affect them is perhaps the most frequently overlooked children's right, globally. This research was a descriptive study of what exists with regard to children's participation, at the Office of the Family Advocate, when parents divorce. The methods of data collection used included a content analysis (quantitative method) a focus group interview (qualitative method) and review of the literature and legislation. The content analysis involved analyzing the data of forty case files involving disputed cases, according to a content analysis schedule. The focus group interview was conducted with family advocates and family counselors and focused on various factors that facilitate or impede children's participation at the enquiry. The data obtained was analyzed manually and presented in the form of pie charts, tables, discussions and quotes. From the content analysis the researcher found that most children had definite views regarding their future care. One of the factors that hinder children's participation at the enquiry is the fact that not all enquiries are conducted using the team approach. The research also indicates that the adversarial nature of divorce proceedings impact negatively on children's participation and a more conciliatory approach would prove more child-centered. The focus group interview indicates that the professionals involved have positive attitudes towards children's views and participation in the enquiry. Children's expressed wishes are considered in conjunction with other factors such as the bond between parent and child, and the suitability of the parent. The focus group participants made various suggestions with regard to ensuring a more child centered approach regarding children's participation. The researcher presented the major findings, together with recommendations for future research at the end of the study.
Thesis (M.A.)-University of KwaZulu-Natal, Durban, 2004.

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45

Macharia, Rosalid Nyawira. "The application of the best interests of the child principle to protect the interests of children in armed conflict situations". Thesis, 2015. http://hdl.handle.net/10500/18821.

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This study aims at testing the applicability of the universal standard for protection of children, ―the best interests of the child principle‖, to children caught up in armed conflict situations. The study introduces the effects of armed conflict on children by discussing two case studies of conflicts situations, namely Somalia‘s situation under the Al Shabaab and the LRA as it formerly operated in Northern Uganda. Heart-breaking narrations of child victims are given prominence to show the invalidity of ―best interests‖ principle in conflict situations. It acknowledges that the ―best interests‖ principle is a good tool for enforcement of children rights. It analyses the theory of rights in general so as to explain the origin and importance of rights. Since children‘s rights are part and parcel of human rights, the study also looks at the international human rights and the regional and international enforcement mechanisms, though not in details. This study looks at the various theories justifying the existence of children‘s rights, and the dichotomy between rights and interests. It also addresses the protection of children rights and the various discourses advocating for or negating children‘s rights. It explores the age question with regard to enforcement of children‘s rights based on the fact that childhood is a dynamic period. It also critically analyses the ―best interests‖ principle and the various alternative standards that have been advanced. It concludes that despite the various criticisms, the ―best interests‖ principle still obtains the better standard for protection of children‘s rights in peace times subject to being complemented by other rules. The study also focuses on protection of children under the International Humanitarian Law with specific focus on civilian protection during armed conflict. It also focuses on the progress made in international efforts to protect children from the effects of armed conflict. Finally, reasons are advanced as to why the Best Interests Principle is not applicable in armed conflict situations, and an alternative standard proposed.
Public, Constitutional, & International Law
LL.D.

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46

Dhorat, Khâlid. "The rights of children in Islâm". Thesis, 2012. http://hdl.handle.net/10210/6194.

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M.A.
A child cannot be treated like an adult in many way. Therefore, the approach towards children in all respects of human life are totally different from that of adults. In the field of rights too, the child is vulnerable and often is unaware of his rights given the age, let alone fighting for them. While an adult often fights for his rights, a child requires some sincere person in authority to identify the rights of children, and implement it for them. This thesis aims to introduce to the scholar the intricate and careful approach a society and an individual should have towards that sensitive child. This being the case, children's rights are sometimes manipulated against them by their guardians or those having direct access or influence over them . The severity of this abuse can be gauged from the fact that, whereas the damage of an external attack can be ascertained, the damage left by internal abuse of children cannever be ascertained, and is thought to leave lifelong physical as well as emotional scars. The need to protect children against such a background in this day and age is as acute as ever. The necessity of a work of this nature fills the void in the human rights arena towards defenceless children and provides ammunition to combat abuse, while not actually delving into the aspect of childabuse. The main thrust of this thesis is to highlight the attitude of Islam towards children from the pre-Prophetic times of the Holy Prophet of Allah, Muhammad ibn `Abdullah sallallahu alaihi wa sallam, to modern times. To what extent has the shari`ah of Islam attached importance to the identifying and implementing of children's rights, and for that matter, what is the true status of a child in Islam to be accorded with such numerous protection and rights. It may be argued that this thesis would have been much more fruitful had the aspect of child-abuse been also included. In response, child-abuse is another dissertation of its own and by only educating on the rights of children, child-abuse can be easily identified if these are denied or withheld from any child. It can be safely said that in this fast changing times, the adage of the jungle law survival of the fittest most aptly applies. Not so with the case of children, who have not the makings and capabilities of surviving in a world which they expect their very abusers to reveal to and make comfortable and safe for them. Those in authority got to protect them, and reveal a generation of children untarnished by an abusive background or badly illusioned mode of thinking.

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47

Kundishora, Elna. "Does international law protect children against recruitment into armed forces? : the case of Africa". Thesis, 2010. http://hdl.handle.net/10413/5120.

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The involvement of children in conflict is not a recent phenomenon. The military use of children dates back to ancient times. The change of warfare and the advocating of the protection of children's rights within the global discourse context have taken the discourse on child and youth involvement in conflict out of the political and military context and placed it into one circumscribed by legal and moral concern. Since the late 1970s, a number of international instruments have been promulgated to limit the recruitment of child soldiers, but even though the numbers of children being recruited into armed forces have decreased, children continue to be deployed into armed forces, particularly in Africa. 'Loopholes', vagueness and inconsistencies in the treaties and the strengths and weaknesses of the enforcement and monitoring mechanisms have created legal uncertainty which have ultimately resulted in further injustice for the child. However, legal uncertainty is not per se the cause of recruitment continuing; the cause being more complex. Researches and treaties have failed to address the obstacles to the implementation of the relevant international law. The issue(s) of culture and child crossborder recruitment have served as obstacles to an effective protection of children against recruitment by international law.
Thesis (LL.M.)-University of KwaZulu-Natal, Durban, 2010.

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48

Schulman, Marc. "The nasciturus non-fiction: the Libby Gonen story: contemporary reflections on the status of nascitural personhood in South African law". Thesis, 2014. http://hdl.handle.net/10539/15607.

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Thesis (L.L.M.)--University of the Witwatersrand, Faculty of Commerce, Law and Management, School of Law, 2014.
The non-consensual destruction of a nasciturus is a disturbing societal phenomenon that negatively permeates the lived realities of pregnant women with positive maternal intention. These women choose to experience a full term gestation and they choose to give birth to a live and healthy infant. At some point during their gestation they are non-consensually deprived of their choices through active third party violence by commission or passive third party negligence by omission. These women have no legal recourse for their loss, because in South African law, the non-consensual destruction of a nasciturus is not a crime. The nasciturus is not recognised as a victim separate from the pregnant woman despite the manner in which the pregnant woman freely chooses to interpret her pregnancy. The consensual destruction of a nasciturus enjoys legal protection in South African law by virtue of the provisions contained in the Choice on Termination of Pregnancy Act 92 of 1996. The choice to terminate a pregnancy is therefore legally recognised in South African law, whereas the choice to continue a pregnancy is not legally recognised. Argument is advanced in this dissertation for the legal recognition of the choice to continue a pregnancy by criminalising non-consensual nascitural destruction through the creation of a Choice on Continuation of Pregnancy Act. Non-Consensual nascitural destruction occurs as a result of violence against pregnant women as well as in situations of medical negligence. Empirical data is provided to demonstrate how non-consensual nascitural destruction can occur in medical settings where negligence is suspected. The inherent human need to safeguard and protect the nasciturus has been in existence since time immemorial. Despite this need, in South African law, legal subjectivity, and the ability to be recognised as a separate victim of crime, remain contingent upon a live birth. Evidence suggests that the requirement of live birth in law developed as an evidentiary mechanism and not as a substantive rule of law. Its relevance in circumstances of non-consensual nascitural destruction is doubtful at best. The law in South Africa has failed to take cognisance of the psychosomatic dimensions of personhood and argument is advanced in favour of a nuanced and constitutionally sensitive approach to matters of moral as well as legal personhood. Authentic female autonomy and reproductive freedom requires a re-evaluation of the paradigms that surround nascitural safeguarding and protection, and a transformative approach to constitutional interpretation. The establishment of a legislative scheme to criminalise the nonconsensual destruction of a nasciturus is proposed. Within this legislative scheme certain precautions and fortifications are suggested in order to avoid any potential erosion of the rights of pregnant women who have negative maternal intention. It is demonstrated that it is in fact possible for pregnant women with positive maternal intention and pregnant women with negative maternal intention to both enjoy legal protection without encroaching upon one another’s constitutional rights to reproductive freedom, bodily autonomy and privacy. It is contended that achieving the aforementioned is the final barrier to authentic female reproductive freedom in South Africa.

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49

Cowden, Mhairi Catherine. "Do children have rights : five theoretical reflections on children's rights". Phd thesis, 2012. http://hdl.handle.net/1885/151343.

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The existence of children's rights in law does not resolve the question as to whether children have rights in reality. In 1973 Hillary Rodham Clinton claimed that children's rights were a 'slogan in search of a definition'. Since then many advances have been made in children's rights: the United Nations Convention on the Rights of the Child was adopted in 1989 and many countries have introduced national legislation protecting the rights of children. Despite these advances the rights of children remain under theorised and poorly implemented. The fundamental question 'do children have rights?' remains contested. This thesis defends and applies a theoretical argument for children's rights over five papers. It does so in two parts. The first part builds a theory for children's rights across three papers: paper one 'Capacity, claims and children's rights', paper two, ''Capacity' and 'Competence' in the Language of Children's Rights' and paper three 'Children's Rights and the Future Interest Problem'. Children have rights because they have interests that are of sufficient importance to be protected and these interests ground claims that produce duties in others to act or refrain from acting. Rights are therefore understood as Hohfeldian claims with correlative duties. This thesis sets out the relationship between a child's capacity and their rights. It is not conceptually necessary for a child to hold the power to enforce or waive their claim in order to hold a right. However a child must be competent in realising the interest to which a particular claim pertains. Furthermore the duty correlated with a child's claim must be reasonable and achievable and the duty-holder must hold the capacity to fulfil the correlative duty. Children are in a special category of right holders as their capacities are rapidly evolving. As a consequence they hold claims to the development of core capacities that produce duties in others to assist in their development. The second part of the thesis applies this theory of children's rights to two cases in two papers: paper four, 'What's Love Got to do with it? Why children do not have a right to be loved' and paper five, 'No harm, no foul: donor conceived children and the right to know their genetic parents'. The case of a child's right to be loved demonstrates what children's rights are not. Children do not have a right to be loved because love as a duty cannot be reasonably fulfilled or enforced. The case of a right to know one's genetic parents illustrates what children's right are. Children have a right to identifying information as they have an interest in being free from psycho-social harm. They have a corresponding right to be told that they are donor conceived. These two cases demonstrate the importance in locating the interest grounding the claim in order to determine the shape of the corresponding duty. This is essential for addressing real policy problems. Understanding why children have rights presents effective pathways for moving children's rights from 'a slogan' into reality. - provided by Candidate.

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50

Mayer, Elizabeth. "Who are you calling a child? : the limits on street-involved youth using legal rights". Thesis, 1998. http://hdl.handle.net/2429/8316.

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At any one time there are estimated to be between 300 and 500 young people involved in street life in Vancouver. Although between 40 and 50 per cent, leave the street life each year, the overall figure remains much the same. Living on the street increases the chances of the young person being involved in crime, such as prostitution or theft, and of suffering from drug addiction, violent assault or HIV. However, for many young people the street is preferable to what they have left behind. And even when living on the street becomes too difficult, getting off the street often appears impossible. This thesis considers one way of addressing the problems faced by young people on the street: the use of legal rights. In particular, it considers the limits on such young people using rights. First, under the two main theories of rights for children, the content of the rights is decided by adults on behalf of the child. Second, the liberal form of rights further restricts their use by street-involved youth due to the anti-statist and atomistic nature of this version of rights. Third, the dominant discourse of childhood constrains the use of rights by imposing familial structures on young people on the street and ignoring their views. Rather than suggesting new rights for street-involved youth, this thesis concentrates on strategies that might be of use for street-involved youth in overcoming these constraints. These are giving an active voice to young people; insisting that the individual characteristics of street-involved youth are taken fully into account; considering a variety of actions, some of which might seem contradictory, but which allow for maximum flexibility; trusting the decisions of young people on the street; and ensuring that street-involved youth are not seen as an isolated problem, but in the context of a wider picture of other people with similar problems, such as adult street people, lesbian and gay youth, welfare recipients and so on.

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Tesi sul tema "Children – Legal status, laws, etc. – Scotland"

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