scholarly journals The Powers of the Court in terms of Section 7(2) of the Domestic Violence Act 116 of 1998: KS v AM 2018 (1) SACR 240 (GJ)

Obiter ◽  
2019 ◽  
Vol 40 (3) ◽  
Author(s):  
Moffat Maitele Ndou
Keyword(s):  
South Africa ◽  
Domestic Violence ◽  
Well Being ◽  
International Human Rights Law ◽  
Rights Of The Child ◽  
Legal Remedy ◽  
Wide Range ◽  
The Republic ◽  
Definition Of ◽  
The Right

The preamble of the Domestic Violence Act (116 of 1998) (DVA) recognises that domestic violence is a serious social evil and that there are high incidences of domestic violence in South Africa. The preamble further recognises that:a) victims of domestic violence are among the most vulnerable members of society;b) domestic violence takes many forms and may be committed in a wide range of domestic relationships; andc) the remedies previously available to victims of domestic violence have proved to be ineffective.The Constitution of the Republic of South Africa, 1996 (the Constitution) provides various rights that are also applicable to victims of domestic violence. The Constitution guarantees the right to dignity and to freedom and security of the person (see ss 10 and 12 of the Constitution respectively). Domestic violence against any person is a violation of these rights. The DVA further recognises that South Africa has international commitments to end violence against women and children in terms of the United Nations Convention on the Elimination of all Forms of Discrimination against Women and the Convention on the Rights of the Child. A right not to be subjected to domestic violence may not be specifically mentioned in international human rights law instruments, but freedom from all kinds of violence and the right to equality and human dignity is generally emphasised.The purpose of the DVA is to provide a legal remedy in the form of an interdict that prohibits a person from violating the rights of the complainant. In order to give effect to this purpose, section 7(1) of the DVA provides that the court may grant a protection order to protect the rights of the complainant. Section 7(2) of the DVA further grants the court the power to impose any additional conditions that it deems reasonably necessary to protect and provide for the safety, health or well-being of the complainant.In KS v AM (2018 (1) SACR 240 (GJ)), the court found that section 7(2) of the DVA empowered the court to order the seizure of the respondent’s digital equipment to remove any photograph, video, audio and/or records relating to the complainant. This case note examines the decision in KS v AM (supra) and determines whether the decision is justifiable in law. The definition of domestic violence is discussed first and thereafter the remedies available in terms of the DVA are examined. A discussion of the judgment in KS v AM (supra) follows.

scholarly journals Gesondheidsorg vir Kinders: Voldoen Suid-Afrikaanse Wetgewing Aan die Land se Verpligtinge Ingevolge die Konvensie Oor die Regte van die Kind en die Grondwet?

2017 ◽  
Vol 15 (1) ◽  
pp. 102
Author(s):  
Mariana Büchner-Eveleigh ◽  
Annelize Nienaber
Keyword(s):  
South Africa ◽  
Healthcare Services ◽  
Children's Health ◽  
Children’S Health ◽  
Rights Of The Child ◽  
Minimum Requirements ◽  
The Republic ◽  
The Right ◽  
National Health Act ◽  
Health Rights

Included in the Convention on the Rights of the Child, 1989 (UN Children's Convention) is the right of children to the highest attainable standard of health. In terms of article 4 of the UN Children's Convention, in implementing the UN Children's Convention state parties must "undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognised in the present Convention". South Africa showed its commitment to protecting and promoting children's health when it ratified the UN Children's Convention and subsequently adopted the Constitution of the Republic of South Africa, 1996, which includes provisions guaranteeing the health rights of children. South Africa also showed commitment to giving legislative effect to the protection and promotion of children's health by promulgating the National Health Act 61 of 2003, the Children's Act 38 of 2005 and the Mental Health Care Act 17 of 2002. The article evaluates existing policy and legislation affecting child health in order to assess how well South African legislation addresses the issue of children's healthcare rights and whether or not it complies with its international law and constitutional obligations in this regard. The article concludes that although much legislation exists, none provides comprehensively for children's healthcare rights, and there are many gaps in existing legislation. Most importantly, there is no reference to the core minimum requirements for the state in providing for the health of children, particularly in the way of healthcare services and nutrition. Further, there is a complete lack of legislation which protects the health needs of children with disabilities. In order to ensure that the health rights of children are protected and promoted, we propose more comprehensive legislative protection.

17. Children’s rights

2017 ◽  
Author(s):  
Geraldine Van Bueren
Keyword(s):  
Children's Rights ◽  
Children’S Rights ◽  
Best Interests ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Right To Life ◽  
Rights Of The Child ◽  
Survival And Development ◽  
Definition Of ◽  
The Right

This chapter considers the protections afforded to children by international human rights law. It begins with a consideration of the international legal definition of the ‘child’. Focusing on the UN Convention on the Rights of the Child, the chapter considers the basic principles underlying the rights of the child: non-discrimination, the best interests of the child, the right to life, survival and development, the right to be heard, and the evolving capacity of the child. The chapter then considers the 4Ps that reflect the diversity of protection afforded by international law to the rights of the child: prevention, provision, protection, and participation. Finally, the chapter examines the protection of children’s rights at the regional level.

Recent Environmental Legislation in South Africa

2000 ◽  
Vol 44 (1) ◽  
pp. 124-128 ◽  
Author(s):  
Nazeem Goolam
Keyword(s):  
South Africa ◽  
Sustainable Development ◽  
Social Development ◽  
Well Being ◽  
Future Generations ◽  
Environmental Legislation ◽  
The Republic ◽  
The Right ◽  
Ecologically Sustainable ◽  
Ecologically Sustainable Development

Section 24 of the Constitution of the Republic of South Africa, Act 108 of 1996, provides:“Everyone has the right(a) to an environment that is not harmful to their health or well-being; and(b) to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that(i) prevent pollution and ecological degradation;(ii) promote conservation; and(iii) secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.”

scholarly journals Prêt-à-Porter Procreation: Contemplating the Ban on Preimplantation Sex Selection

2019 ◽  
Vol 22 ◽  
pp. 1-36
Author(s):  
Sheetal Soni
Keyword(s):  
South Africa ◽  
South African ◽  
Sex Selection ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Preimplantation Genetic Testing ◽  
Foreign Law ◽  
The Republic ◽  
The Right

Preimplantation genetic testing makes it possible to genetically test in vitro embryos for the presence of genetic disease. It also identifies the sex of the embryo. Preimplantation sex selection is prohibited in a number of jurisdictions, including South Africa. Sex selection may be considered to be included in the ambit of the right to reproductive autonomy under the Constitution of the Republic of South Africa, 1996. An analysis of international human rights law supports such a view, and a comparison with foreign law suggests that South Africa should be wary of adopting blanket prohibitions without considering their context. The analysis demonstrates that a prohibition of preimplantation sex selection may have no place in South African law.

scholarly journals Everyday Lawmaking in International Human Rights Law: Insights from the Inclusion of Domestic Violence in the Prohibition of Torture

2021 ◽  
pp. 1-31
Author(s):  
Natalie R. Davidson
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Institutional Environment ◽  
Process Tracing ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Wide Range ◽  
International Human ◽  
Norm Change

How is international human rights law (IHRL) made “everyday” outside of treaty negotiations? Leading socio-legal accounts emphasize transnational civil society activism as a driver of norm change but insufficiently consider power dynamics and the legal-institutional environment. This article sheds light on these dimensions of IHRL by reconstructing how domestic violence came to be included in the prohibition of torture in five international and regional human rights institutions. Through process tracing based on interviews and a vast amount of documentation, the study reveals everyday lawmaking in IHRL as a complex, incremental process in which a wide range of actors negotiate legal outcomes. The political implications of this process are ambiguous as it enables participation while creating hidden sites of power. In addition to challenging existing models of international norm change, this study offers an in-depth empirical exploration of a key development in the international prohibition of torture and demonstrates the benefits of process tracing as a socio-legal methodology.

scholarly journals Access and the non-custodial parent in the Republic of Ireland

2020 ◽  
Vol 62 (2) ◽  
pp. 199-215
Author(s):  
Anne Egan
Keyword(s):  
Best Interests ◽  
Family Court ◽  
Rights Of The Child ◽  
Parents And Children ◽  
Custodial Parent ◽  
Bona Fide ◽  
United Nations Convention ◽  
The Republic ◽  
Custodial Parents ◽  
The Right

Maintaining a relationship between parents and children following the breakdown of a marriage or relationship can be fraught with difficulties, particularly where acrimony exists between parents. This article explores the right of a non-custodial parent to have access to their child under Irish law and discusses the results of an interview-based study undertaken by the author using qualitative research methods. The interviewees in the study included practitioners as well as separated, divorced and unmarried fathers and mothers who outlined their views on access and the study found that the majority of non-custodial parents had some level of access to their child. The article further outlines the author’s experience of successfully applying to attend family court as a bona fide researcher and discusses some of the results of observations in those courts which reinforced the results of the interview-based study. Article 9(3) of the United Nations Convention on the Rights of the Child (CRC) states that in the event of separation of parents, it is the right of the child to maintain personal relations and contact with both parents. Article 7(1) of the Convention further supports the right of a child to be cared for by his or her parents. These articles have proved useful for fathers’ rights campaigners who advocate that they should have more contact with their children post-separation. The Convention, however, while ratified by Ireland, has not yet been incorporated into Irish law. The article concludes by examining whether the incorporation of the Convention would advance the rights of Irish children to maintain a relationship with their parents, unless such a relationship would be contrary to the children’s best interests. In light of this, this article examines the proposed wording of the Constitutional Referendum on Children which was published in early 2010 and assesses what impact the passing of such a referendum would have on children’s rights in Ireland.

scholarly journals The Realization of the Right to Education in Slovenia

Šolsko polje ◽  
2020 ◽  
Vol XXXI (3-4) ◽  
pp. 63-79
Author(s):  
Marjan Šimenc ◽  
Zdenko Kodelja
Keyword(s):  
Private Education ◽  
Private Schools ◽  
Right To Education ◽  
General Overview ◽  
Rights Of The Child ◽  
The Republic ◽  
The Right

The article presents the realization of the right to education, as set out in the Convention on the Rights of the Child, in the Republic of Slovenia. At the outset, attention is drawn to the special status of the right to education, which is not only the right of children, but also adults. Moreover, the right to education is closely linked to the realization of all other rights. This article presents a general overview of the implementation of rights according to Articles 28 and 29 of the Convention. Then it outlines the problems with the implementation of the Convention in selected areas. The main points are related to the education of Roma children, the quality of knowledge, private education. The complexity of the problem of the realization of the rights of Romani children to education has been repeatedly pointed out in international RS reports on the implementation of the Convention. It is not so obvious, however, that the quality of the knowledge received by students in schools is also an aspect that should be considered from the perspective of the Convention. This article analyses the regulation of private schools: this is the area of education in Slovenia where the biggest normative and factual change has occurred in the period after the adoption of the Convention on the Rights of the Child. The analysis shows that the arrangement is such that it satisfies the requirements set forth in the Convention.

scholarly journals The Institute of Guardianship in Muslim Family Law in the Early Middle Ages

2018 ◽  
pp. 29-36
Author(s):  
M. O. Dadashev
Keyword(s):  
Property Rights ◽  
Middle Ages ◽  
Family Law ◽  
Financial Economic ◽  
Early Middle Ages ◽  
Rights Of The Child ◽  
The Status ◽  
Definition Of ◽  
The Right ◽  
Muslim Family

The article deals with the rights of the child and parents in the Muslim family law of the early Middle Ages and its formation in the 8th-10th centuries. The key rights of the child were determined and explained: the right to life, the right to naming, the right to nafaka-the right to financial support-the right to the awareness of his or her genealogy, the right to breastfeeding and the right to up-bringing (al-hidana). In addition, the article provides for the following classifications of the rights in question: basic, financial-economic, religious-ethical. Also, the author considers the issue of prohibition of adoption and gives the definition of an orphan (jatim) under Muslim family law, elucidates peculiarities of the status of orphans, the mechanism for protecting property rights of orphans, rights and duties of guardians with respect of orphans and their property, powers of the kadia (judge) regarding the issue of protecting the rights of orphans, types of guardianship. The reasons and procedure for deprivation of guardianship are also examined. In addition, the author considers parental property rights regarding children.

scholarly journals PEMENUHAN HAK PENDIDIKAN ANAK DIDIK PEMASYARAKATAN DI LEMBAGA PEMASYARAKATAN ANAK

2012 ◽  
Vol 8 (15) ◽  
Author(s):  
Tatik Mei Widari
Keyword(s):  
Personal Development ◽  
Early Adulthood ◽  
Development Cooperation ◽  
Correctional Institution ◽  
Right To Education ◽  
Rights Of The Child ◽  
Quality Program ◽  
Definition Of ◽  
The Right ◽  
Children Education

AbstractViolation much going against the rights of children, government attention is needed in the fulfillment of Human Rights on the right to education of children in Child Penitentiary. Embodiment of the fulfillment of the right to education in Child Correctional Institution is required to support the empowerment of human resources in the future as a pillar of development and life. Article 9 paragraph (1) of Act No. 23 of 2002 states that every child has the right to obtain education and teaching in the context of personal development and level of intelligence in accordance with their interests and talents. This is one of the fundamental importance of education of children in prisons who should still be considered by all parties, both government and society itself. The substance which covers the definition of child described in various laws and regulations vary nationally and internationally by the Convention on Rights of the Child among others, every human being under the age of 18 years unless another set that applies to children determined that early adulthood is achieved. Constraints faced in fulfilling Correctional Institution Children Educate Children education Correctional rights, namely the substance of the Act, the interests and obligations related institutions, students in prisons that are not motivated, infrastructure (facilities construction), Lecturer and staff, quality program development, cooperation and coordination, funding, child welfare and community. Keywrods : student in prisont, education right

FROM THE EDITOR

2020 ◽  
Vol 40 (1) ◽  
Author(s):  
Henning Melber
Keyword(s):  
South Africa ◽  
Open Access ◽  
Open Access Journal ◽  
Advisory Board ◽  
Editorial Responsibility ◽  
Strategic Review ◽  
Wide Range ◽  
The Subject ◽  
The Right ◽  
New Generation

With issue No 1/2013, this journal changed in several respects. Under a new editor-in-chief, the Strategic Review for Southern Africa, then published for 35 years, turned into an open access journal with a redesigned look. But the makeoveraimed at more than merely cosmetic changes. As outlined in the introduction of that issue, the changing context both in South Africa as well as globally, motivated a conceptual re-positioning, that also modified the subject-related thematic framework1).  Since then, thanks to many contributors offering a wide range of topicalanalyses, we hopefully managed to live up to at least some of the expectations created. After five years, it is now time to hand editorial responsibility to a new generation of scholars groomed in the spirit of democratic South Africa. This, therefore, is the last issue for me as the editor-in-chief. While I welcomed the privilege to lead the journal towards implementing a modified agenda, I now welcome the opportunity to move out of the way and pursue other tasks. I thank all those in the editorial group and the advisory board who accompanied and supported me during the last years. I am especially grateful to Maxi Schoeman, who felt I would be the right choice for this task. Special thanks go also to Wilma Martin, without her assistance none of the last eleven issues would have become a reality.

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