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Of interest or benefit to: Legal practitioners, Justice officials, Social workers, Educators, Students
This title is part of an established Series which introduces various legal systems of the world. It provides an authoritative and accessible overview of the main branches of South African public, private and commercial law. Offering insight into the rich system of South African law, this title will be of particular interest to the international legal community. The South African legal system has not only developed fascinating mixtures of civil law and common law rules over more than a century, but has also experienced a post-apartheid South Africa. Of particular interest is the way in which so many branches of law have been infused by basic constitutional values. Many of the contributors have published work in their own fields and have considerable experience of presenting their subject matter in a broader comparative perspective. The succinct and balanced nature of the contributions makes this title attractive to a wide audience of academics, students and practitioners with an interest in this remarkable legal system.
The book provides articles on child law in South Africa. It includes topics such as:maintenance for children; legal representation; adoption; special protection; Socio economic rights; ; inter country adoption; school discipline; sexual offences and detention of children.
Getting the principles, procedures and practices of child justice right is essential to preventing crime in South Africa. In this monograph the authors chart the history of child justice in South Africa, and internationally. They describe recent developments in child justice in South Africa, and contextualise the South African approach by reflecting on international standards. This monograph provides details about the new Child Justice Bill. The Child Justice Bill provides an enlightened approach to dealing with young offenders and offers a chance to break the cycle of crime. Included in the new Bill are provisions for diverting child offenders out of the criminal justice system through the possibility of community-based sentencing. The Bill also provides a firm legal basis for restorative justice that attends to the needs both of victims and perpetrators.
This collection is anchored in an African conception of children's rights and the law, and reflects contemporary discourses taking place in the region of the children's rights sphere. The majority of contributors are African and adopt an individual approach to their topic which reflects their first-hand experience. The book focuses on child rights issues which have particular resonance on the continent and the chapters span themes which are both broad and narrow, containing subject matter which is both theoretical and illuminated by practice. The book profiles recent developments and experiences in furthering children's legal rights in the African context, and distils from these future trends the specific role that the law can play in the African children's rights environment.
This volume examines critically some of the most pertinent and controversial issues relating to children and health care. Insights are offered into some of today's leading controversies about children and their rights. The focus is on such issues as anorexia, circumcision, autism and gender reassignment. A number of the essays in this collection were previously published in the International Journal of Children's Rights.
The Authors. List of Abbreviations. General Introduction. Part I. General Principles (Choice-of-Law Technique). Chapter 1. Sources of PIL. Chapter 2. Connection. Chapter 3. Basic Terms. Part II. Rules of Choice of Law. Chapter 1. Persons. Chapter 2. Obligations. Chapter 3. Law of Property. Chapter 4. Intangible Property Rights. Chapter 5. Company Law. Chapter 6. Family Law. Chapter 7. Succession Law. Part III. Annex: International Civil Procedure (ICP). Chapter 1. Sources of ICP (National Law, International Conventions). Chapter 2. The Principle of Lex Fori. Chapter 3. National Jurisdiction. Chapter 4. International Jurisdiction. Chapter 5. Acceptability (Recognition) and Enforcement of Foreign Judgments. Selected Bibliography. Index.
This book looks at the domestication of children?s rights through the means of constitutionalisation. Landmark judgments from constitutional courts from across the globe have risen to prominence; for example, the constitutional courts of Indonesia and Zimbabwe outlawing child marriage and the constitutional court of Columbia on the assignment of a gender to an intersex born child, to name a few. Further, the CRC Committee continues to recommend State parties to consider enshrining children?s legal rights at the apex level of law, and there is some interest in, for instance, Germany, in pursuing such an approach. 00An explicit reference to children?s rights in national constitutions may prevail in cases of conflict and it can provide binding standards for legislative, policy, and regulatory measures. Since the adoption of the CRC thirty years ago, a growing body of jurisprudence in domestic courts has served to illuminate the corresponding challenges and limitations.00Constitutionalised, children?s rights become an important frame of reference for the formulation and implementation of legislation and strengthen children?s standing before the courts. However, many leading constitutional developments remain inaccessible due to language barriers. 'Constitutionalisation of Children?s Rights' is a first effort to make developments and case law more accessible.
Vulnerable Children in South Africa: Legal, social development and criminological aspects analyses the legal, social development, criminological and penology issues that affect vulnerable children and children who are in conflict with the law. The book adopts a multi-disciplinary approach to the topic and considers vulnerability within both the family and broader societal structures. The book addresses the needs of children as victims and children as perpetrators of harm. The book takes a holistic view of vulnerability in childhood and addresses a wide variety of issues, including the nature and potential legal impact of harmful cultural practices. Vulnerable Children in South Africa also describes the causes and effects of vulnerability in childhood and emphasises the multi-disciplinary aspects of working with such children as victims or offenders. The authors concentrate on the processes that apply to the work of various professionals: police officers-, lawyers, social workers, probation officers and correctional officers. The Child Justice Act 75 of 2008, the Children's Act 38 of 2005 and the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 are among the Acts that are discussed.