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.
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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.
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