A co-constructed practice model for supporting parents of children in conflict with the law
- Authors: Abdulla, Zurina
- Date: 2019
- Subjects: Children's rights -- South Africa , Children -- Legal status, laws, etc --South Africa , Parent and child -- Research -- South Africa , Social work with youth -- South Africa
- Language: English
- Type: Thesis , Doctoral , DPhil
- Identifier: http://hdl.handle.net/10948/30474 , vital:30949
- Description: The unique historical stressors linked to South Africa’s apartheid legacy, continues to manifest in the form of economic exclusion, social exclusion, inequality and poverty, with parents being subjugated to service users and extenders rather than included as service advocates, particularly in the child justice system. Furthermore, policies and practices do not include, engage and support parents on an intra and interpersonal level. Parents of children in conflict with the law, experience their children’s charge or arrest as well as their subsequent journey through the child justice system as a crisis resulting in their need for emotional, informational, practical and professional support during the child justice process. The similarities and differences between the contexts of child protection and child justice in supporting parents illuminates the existing gaps in child justice legislation, policy and practice resulting in a lack of support for parents during the child justice process. In the Children’s Act 38 of 2005, it is recognised that parents have a legal responsibility towards their children and that in fulfilling this responsibility parents can access support services to assist them when they face challenges in fulfilling this responsibility. In contrast, despite 80 percent of children in conflict with the law being released into parental care and parents expressing the need for support in fulfilling their parental responsibility, in this regard the Child Justice Act 75 of 2008 fails to make provision for parents to access support services. The child justice system’s narrow focus on parents as service extenders contributes to parents’ being excluded from targeted support services resulting in parents’ support needs not being addressed. The lack of programmes and services aimed at supporting parents highlight the need for coordinated services that address the multiple stressors parents are exposed to. To this end, this study was aimed at coconstructing a practice model for supporting parents of children in conflict with the law. The theoretical lenses employed in the current study namely; the Ecological systems model and the Buffering effect model describes the various systems parents need support from and the type of support they need from their family, community and professionals. Guided by a qualitative approach, the present study integrated applied research, in particular intervention design and development with participatory action research as it allowed systematic collaboration during the research process to ensure rigour. This study involved participants from two research sites namely, the Nerina One- Stop Child Justice Centre in Port Elizabeth and the Reception, Assessment and Referral office at the Uitenhage magistrates’ court. Employing a non-probability purposive sampling method, this study facilitated the participation of parents of children in conflict with the law and child justice officials who met the inclusion criteria, in the co-design and development of a practice model for supporting parents of children in conflict with the law. Participants assumed an expert and collaborative role, which enabled the co-construction of knowledge, meaning and innovation of the practice model. Qualitative data collection methods namely, twelve focus groups and thirty two participant observations, were used to explore, co-construct, describe and design a practice model for supporting parents of children in conflict with the law during the child justice process. Thematic analyses was employed to condense the data, search for codes, categories, themes, relationships and patterns in the data. Due to the research approach and design, data analysis was ongoing and informed design and development of the practice model. Based on the thematic analysis and synthesis both descriptive and analytic themes emerged. To ensure trustworthiness, this study employed various strategies to strengthen commitment, rigour, transparency and coherence. In addition, the participative research process, the inclusion of multiple forms of qualitative inquiry and the significance of the study contributed to the validity and quality of the study. Ethical considerations applicable to the study included participants’ voluntary participation, their informed consent and ensuring participants’ privacy or maintaining confidentially. Various strategies were employed to prevent or minimise risk to participants. The findings showed that formal sources of support, in particular, offer opportunities for parents to access individual and family counselling, parenting advice, and peer support. The study also highlighted the importance of recognising parents as a subsystem in the child justice system offers potential opportunities for inclusion of parents as co-facilitators of parenting programmes or support groups, as peer supporters during the child justice process. Parents’ inclusion as a partner in the child justice system is highlighted as an opportunity for parents to be able to vi participate in child justice fora, oversight committees and accreditation committees to influence policy, services and budget allocations for services to support parents of children in conflict with the law. This study’s contribution to the existing body of knowledge is an integrated, multidisciplinary, multi-phase co-constructed practice model that would enable inclusion of, and support for, parents of children in conflict with the law prior to, during and after the child justice. The co-constructed practice model (a) involves a continuum of parent-centred support for and inclusion of parents prior to, during and after the child justice process; (b) advances an inclusive and collaborative child justice system that views parents as important stakeholders in determining the type of services they need and being involved in developing practice; and (c) promotes parents as equal partners in decision making and policy making to influence legislation, policy and practice in the child justice system.
- Full Text:
- Date Issued: 2019
- Authors: Abdulla, Zurina
- Date: 2019
- Subjects: Children's rights -- South Africa , Children -- Legal status, laws, etc --South Africa , Parent and child -- Research -- South Africa , Social work with youth -- South Africa
- Language: English
- Type: Thesis , Doctoral , DPhil
- Identifier: http://hdl.handle.net/10948/30474 , vital:30949
- Description: The unique historical stressors linked to South Africa’s apartheid legacy, continues to manifest in the form of economic exclusion, social exclusion, inequality and poverty, with parents being subjugated to service users and extenders rather than included as service advocates, particularly in the child justice system. Furthermore, policies and practices do not include, engage and support parents on an intra and interpersonal level. Parents of children in conflict with the law, experience their children’s charge or arrest as well as their subsequent journey through the child justice system as a crisis resulting in their need for emotional, informational, practical and professional support during the child justice process. The similarities and differences between the contexts of child protection and child justice in supporting parents illuminates the existing gaps in child justice legislation, policy and practice resulting in a lack of support for parents during the child justice process. In the Children’s Act 38 of 2005, it is recognised that parents have a legal responsibility towards their children and that in fulfilling this responsibility parents can access support services to assist them when they face challenges in fulfilling this responsibility. In contrast, despite 80 percent of children in conflict with the law being released into parental care and parents expressing the need for support in fulfilling their parental responsibility, in this regard the Child Justice Act 75 of 2008 fails to make provision for parents to access support services. The child justice system’s narrow focus on parents as service extenders contributes to parents’ being excluded from targeted support services resulting in parents’ support needs not being addressed. The lack of programmes and services aimed at supporting parents highlight the need for coordinated services that address the multiple stressors parents are exposed to. To this end, this study was aimed at coconstructing a practice model for supporting parents of children in conflict with the law. The theoretical lenses employed in the current study namely; the Ecological systems model and the Buffering effect model describes the various systems parents need support from and the type of support they need from their family, community and professionals. Guided by a qualitative approach, the present study integrated applied research, in particular intervention design and development with participatory action research as it allowed systematic collaboration during the research process to ensure rigour. This study involved participants from two research sites namely, the Nerina One- Stop Child Justice Centre in Port Elizabeth and the Reception, Assessment and Referral office at the Uitenhage magistrates’ court. Employing a non-probability purposive sampling method, this study facilitated the participation of parents of children in conflict with the law and child justice officials who met the inclusion criteria, in the co-design and development of a practice model for supporting parents of children in conflict with the law. Participants assumed an expert and collaborative role, which enabled the co-construction of knowledge, meaning and innovation of the practice model. Qualitative data collection methods namely, twelve focus groups and thirty two participant observations, were used to explore, co-construct, describe and design a practice model for supporting parents of children in conflict with the law during the child justice process. Thematic analyses was employed to condense the data, search for codes, categories, themes, relationships and patterns in the data. Due to the research approach and design, data analysis was ongoing and informed design and development of the practice model. Based on the thematic analysis and synthesis both descriptive and analytic themes emerged. To ensure trustworthiness, this study employed various strategies to strengthen commitment, rigour, transparency and coherence. In addition, the participative research process, the inclusion of multiple forms of qualitative inquiry and the significance of the study contributed to the validity and quality of the study. Ethical considerations applicable to the study included participants’ voluntary participation, their informed consent and ensuring participants’ privacy or maintaining confidentially. Various strategies were employed to prevent or minimise risk to participants. The findings showed that formal sources of support, in particular, offer opportunities for parents to access individual and family counselling, parenting advice, and peer support. The study also highlighted the importance of recognising parents as a subsystem in the child justice system offers potential opportunities for inclusion of parents as co-facilitators of parenting programmes or support groups, as peer supporters during the child justice process. Parents’ inclusion as a partner in the child justice system is highlighted as an opportunity for parents to be able to vi participate in child justice fora, oversight committees and accreditation committees to influence policy, services and budget allocations for services to support parents of children in conflict with the law. This study’s contribution to the existing body of knowledge is an integrated, multidisciplinary, multi-phase co-constructed practice model that would enable inclusion of, and support for, parents of children in conflict with the law prior to, during and after the child justice. The co-constructed practice model (a) involves a continuum of parent-centred support for and inclusion of parents prior to, during and after the child justice process; (b) advances an inclusive and collaborative child justice system that views parents as important stakeholders in determining the type of services they need and being involved in developing practice; and (c) promotes parents as equal partners in decision making and policy making to influence legislation, policy and practice in the child justice system.
- Full Text:
- Date Issued: 2019
The interaction of children's rights, education rights and freedom of religion in South African schools
- Authors: Chetty, Kasturi
- Date: 2013
- Subjects: Children's rights -- South Africa , Children -- Legal status, laws, etc -- South Africa , Freedom of religion -- South Africa , School children -- South Africa
- Language: English
- Type: Thesis , Doctoral , LLD
- Identifier: vital:10295 , http://hdl.handle.net/10948/d1020864
- Description: 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.
- Full Text:
- Date Issued: 2013
- Authors: Chetty, Kasturi
- Date: 2013
- Subjects: Children's rights -- South Africa , Children -- Legal status, laws, etc -- South Africa , Freedom of religion -- South Africa , School children -- South Africa
- Language: English
- Type: Thesis , Doctoral , LLD
- Identifier: vital:10295 , http://hdl.handle.net/10948/d1020864
- Description: 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.
- Full Text:
- Date Issued: 2013
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