An analysis of the South African common law defence of moderate and reasonable child chastisement
- Authors: Maqhosha, Noluthando
- Date: 2016
- Subjects: Common law Common law -- South Africa -- Cases Corporal punishment
- Language: English
- Type: Thesis , Masters , MA (Human Rights)
- Identifier: http://hdl.handle.net/10353/2556 , vital:27894
- Description: The study sought to analyse the South African common law defence of moderate and reasonable child chastisement. Regarded by those with religious and cultural beliefs as a way of instilling child discipline, child chastisement has been a centre of contestation in recent years. Constitutionally, children have rights to care, dignity and protection. Thus, child chastisement infringes upon these rights. However, regardless of its intentions, child chastisement has an effect of inflicting pain onto its victims thereby infringing on their rights to human dignity, equality and protection. It can also lead to unintended consequences such as injury or death to its victims. Subjecting children to this cruel, inhuman and degrading action affects the development of children and sometimes haunts them at a later stage in life. In addition, child chastisement lacks the measure of determining whether it is moderate or severe, thereby making it prone to abuse or misuse. The study used a qualitative research paradigm, where data was collected from existing documents and analysed towards understanding child chastisement and finding sustainable ways of improving child welfare in the home or in society. The study also analysed the legal framework on child welfare and chastisement globally, regionally and locally. Instruments such as the UNCRC, ACRWC and the UDHR have a clear stance abolishing child chastisement. The study established that, despite the existence of global instruments promoting child care and protection, the common law defence of corporal punishment in the home and society remains a loophole that needs closing and enactment of laws that outlaws it completely.
- Full Text:
- Date Issued: 2016
- Authors: Maqhosha, Noluthando
- Date: 2016
- Subjects: Common law Common law -- South Africa -- Cases Corporal punishment
- Language: English
- Type: Thesis , Masters , MA (Human Rights)
- Identifier: http://hdl.handle.net/10353/2556 , vital:27894
- Description: The study sought to analyse the South African common law defence of moderate and reasonable child chastisement. Regarded by those with religious and cultural beliefs as a way of instilling child discipline, child chastisement has been a centre of contestation in recent years. Constitutionally, children have rights to care, dignity and protection. Thus, child chastisement infringes upon these rights. However, regardless of its intentions, child chastisement has an effect of inflicting pain onto its victims thereby infringing on their rights to human dignity, equality and protection. It can also lead to unintended consequences such as injury or death to its victims. Subjecting children to this cruel, inhuman and degrading action affects the development of children and sometimes haunts them at a later stage in life. In addition, child chastisement lacks the measure of determining whether it is moderate or severe, thereby making it prone to abuse or misuse. The study used a qualitative research paradigm, where data was collected from existing documents and analysed towards understanding child chastisement and finding sustainable ways of improving child welfare in the home or in society. The study also analysed the legal framework on child welfare and chastisement globally, regionally and locally. Instruments such as the UNCRC, ACRWC and the UDHR have a clear stance abolishing child chastisement. The study established that, despite the existence of global instruments promoting child care and protection, the common law defence of corporal punishment in the home and society remains a loophole that needs closing and enactment of laws that outlaws it completely.
- Full Text:
- Date Issued: 2016
South Africa's 2015 immigration regulations and the controversy concerning the right of the child traveller
- Muvhevhi, Roseline Rumbidzai
- Authors: Muvhevhi, Roseline Rumbidzai
- Date: 2016
- Subjects: Emigration and immigration law Emigration and Immigration -- Government policy -- South Africa
- Language: English
- Type: Thesis , Masters , MA (Human Rights)
- Identifier: http://hdl.handle.net/10353/2545 , vital:27890
- Description: Over the years, human trafficking has become one of the fastest growing crimes in the world. According to a report of the United Nations Office on Drugs and Crime, Women and Children account for 75 percent of trafficked victims. Between 2007 and 2010, children accounted for 20 percent of the trafficked victims which is approximately 1343 children per year. Sadly, these statistics continue to rise annually. It is from this premise that no one can doubt the rationale behind the 2015 Immigration Regulations that affect children travelling in and out of South Africa. However, in terms of section 28 (2) of the Constitution of the Republic of South Africa, it is a prerequisite that in any matter affecting a child, the best interest of the child be of paramount importance. This mini dissertation seeks to establish whether these Immigration Regulations which initially came into effect in May 2014, are in the best interest of child travellers. This has been done by looking at the old system which regulated the movement of children; its loopholes and shortcomings, thereby establishing whether Regulation 6 (12) is a panacea or in fact the hallmark of a series of problems that have a detrimental effect on the well-being as well as the rights of the child. The research methodology is mainly based on a study of existing literature. This largely includes internet sources, national legislation, regional and international instruments as well as case law. The South African Immigration Act 2002 is the primary reference with regards to regulatory information. However, lessons are drawn from legislation from other jurisdictions, notably Zimbabwean Immigration laws as well as those of Namibia. This is because South Africa shares a border with Zimbabwe and it also has a historical connection with Namibia and has good relations with both States. The mini dissertation analyses the impact of the 2015 Immigration Regulations not only on children but on other sectors as well. Lastly, the latter makes recommendations on how to improve these Regulations without affecting the best interest of child travellers.
- Full Text:
- Date Issued: 2016
- Authors: Muvhevhi, Roseline Rumbidzai
- Date: 2016
- Subjects: Emigration and immigration law Emigration and Immigration -- Government policy -- South Africa
- Language: English
- Type: Thesis , Masters , MA (Human Rights)
- Identifier: http://hdl.handle.net/10353/2545 , vital:27890
- Description: Over the years, human trafficking has become one of the fastest growing crimes in the world. According to a report of the United Nations Office on Drugs and Crime, Women and Children account for 75 percent of trafficked victims. Between 2007 and 2010, children accounted for 20 percent of the trafficked victims which is approximately 1343 children per year. Sadly, these statistics continue to rise annually. It is from this premise that no one can doubt the rationale behind the 2015 Immigration Regulations that affect children travelling in and out of South Africa. However, in terms of section 28 (2) of the Constitution of the Republic of South Africa, it is a prerequisite that in any matter affecting a child, the best interest of the child be of paramount importance. This mini dissertation seeks to establish whether these Immigration Regulations which initially came into effect in May 2014, are in the best interest of child travellers. This has been done by looking at the old system which regulated the movement of children; its loopholes and shortcomings, thereby establishing whether Regulation 6 (12) is a panacea or in fact the hallmark of a series of problems that have a detrimental effect on the well-being as well as the rights of the child. The research methodology is mainly based on a study of existing literature. This largely includes internet sources, national legislation, regional and international instruments as well as case law. The South African Immigration Act 2002 is the primary reference with regards to regulatory information. However, lessons are drawn from legislation from other jurisdictions, notably Zimbabwean Immigration laws as well as those of Namibia. This is because South Africa shares a border with Zimbabwe and it also has a historical connection with Namibia and has good relations with both States. The mini dissertation analyses the impact of the 2015 Immigration Regulations not only on children but on other sectors as well. Lastly, the latter makes recommendations on how to improve these Regulations without affecting the best interest of child travellers.
- Full Text:
- Date Issued: 2016
The implementation of deportation laws against the right to security and liberty of migrants workers : a case study of South Africa
- Authors: Pedzisa, Beatrice
- Date: 2016
- Subjects: Deportation Emigration and immigration law -- South Africa Emigration and immigration -- Government policy
- Language: English
- Type: Thesis , Masters , MA (Human Rights)
- Identifier: http://hdl.handle.net/10353/2533 , vital:27889
- Description: Globalisation has resulted in the increase of migrant workers who cross borders in search of better opportunities and greener pastures. Migrant workers, wherever they decide to relocate, are at the risk of arbitrary arrests and illegal deportations which infringe their right to liberty and security. Many unreported cases show that migrant workers in South Africa have to endure inhuman treatment every day, through the implementation of deportation laws by law enforcement agencies. This is however, done in a manner which disregards their possession of necessary documentation authorising them to be in the country. The Constitution of South Africa, legislation and other related policies provide for the protection of the right to liberty and security of migrant workers. It is against the above that this mini dissertation examines and analyses how the implementation of deportation laws impacts on the right to liberty and security of migrant workers. This mini dissertation points out that there is a dire need to ensure that the implementation of deportation laws complies with the requirements of the right to security and liberty of persons accorded to the status of migrant workers by the Constitution and other related legislation or policies. The methodology made use of in this research is qualitative. This research used legislative texts, case law, journal articles and other academic commentary to acquire information on the right of migrant workers and their plight in South Africa. The study also makes recommendations for appropriate domestic law reform in respect to how deportation laws can be implemented in a bid to protect the right to liberty and security of migrant workers. These recommendations are designed to ensure that law enforcement agencies adhere to the law and procedure which protect migrant workers from arbitrary arrests, and illegal deportations.
- Full Text:
- Date Issued: 2016
- Authors: Pedzisa, Beatrice
- Date: 2016
- Subjects: Deportation Emigration and immigration law -- South Africa Emigration and immigration -- Government policy
- Language: English
- Type: Thesis , Masters , MA (Human Rights)
- Identifier: http://hdl.handle.net/10353/2533 , vital:27889
- Description: Globalisation has resulted in the increase of migrant workers who cross borders in search of better opportunities and greener pastures. Migrant workers, wherever they decide to relocate, are at the risk of arbitrary arrests and illegal deportations which infringe their right to liberty and security. Many unreported cases show that migrant workers in South Africa have to endure inhuman treatment every day, through the implementation of deportation laws by law enforcement agencies. This is however, done in a manner which disregards their possession of necessary documentation authorising them to be in the country. The Constitution of South Africa, legislation and other related policies provide for the protection of the right to liberty and security of migrant workers. It is against the above that this mini dissertation examines and analyses how the implementation of deportation laws impacts on the right to liberty and security of migrant workers. This mini dissertation points out that there is a dire need to ensure that the implementation of deportation laws complies with the requirements of the right to security and liberty of persons accorded to the status of migrant workers by the Constitution and other related legislation or policies. The methodology made use of in this research is qualitative. This research used legislative texts, case law, journal articles and other academic commentary to acquire information on the right of migrant workers and their plight in South Africa. The study also makes recommendations for appropriate domestic law reform in respect to how deportation laws can be implemented in a bid to protect the right to liberty and security of migrant workers. These recommendations are designed to ensure that law enforcement agencies adhere to the law and procedure which protect migrant workers from arbitrary arrests, and illegal deportations.
- Full Text:
- Date Issued: 2016
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