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323 The contribution of children's rights to the reconstruction of society: Some implications of the constitutionalisation of children's rights in South Africa* JULIA SLOTH-NIELSEN** 1. Introduction "Laws, national and international, are after all, words on paper. They may codify attitudes, but the real results depend on how they are implemented, what is done to follow up and to reach the ideals".' I South Africa included a fairly extensive clause enshrining children's rights in the interim constitution that came into effect with the advent of democratic government on 27 April 1994, and, on 16 June 1995, the government rati- fied the

In: The International Journal of Children's Rights

Of Newborns and Nubiles: Some Critical Challenges to Children’s Rights in Africa in the Era of HIV/Aids JULIA SLOTH-NIELSEN Faculty of Law, University of the Western Cape, South Africa 1. The international legal framework within which HIV/Aids issues should be addressed Both the UN Convention on the Rights of the Child (1989) and the regional charter for the protection and promotion of children’s rights, the African Charter on the Rights and Welfare of the Child (1990), are silent on the issue of HIV/Aids directly. Nor is this particularly surprising – both were formulated before the impact of the epidemic began

In: The International Journal of Children's Rights

© Koninklijke Brill NV, Leiden, 2008 DOI 10.1163/092755608X283708 Th e International Journal of Children’s Rights 16 (2008) 153–157 www.brill.nl/chil Book Review M. Freeman, ‘Article 3: Th e Best Interests of the Child’, in A. Alen, J. VandeLanotte, E. Verhellen, F. Ang, E. Berghmans and M. Verheyde (Eds), A Commentary on the United Nations Convention on the Rights of the Child (Martinus Nijhoff Publishers, Leiden, 2007) Th e best interests principle is arguably the most ubiquitous in the children’s rights lexicon, yet as an interpretative guide in international law, of recent origin, of uncertain scope, and indeterminate application. Michael Freeman is

In: The International Journal of Children's Rights

Abstract

This chapter reviews corporal punishment in multiple settings – penal, educational and in the home – in four southern African countries which share common legal heritages. The principal focus is the respective role of legislatures, the executive and the judiciary in moving towards abolition (or not). The chapter highlights some pitfalls of failing to approach an abolitionist agenda with the necessary sensitivity to the nuances between the roles of the respective arms of government. Although the Canadian judgment of Canadian Foundation for Child Youth and the Law v Attorney General, Canada (2000) may present an unwelcome counterweight, the chapter nevertheless concludes that as far as corporal punishment in the home is concerned at least, judicial abolition is more likely than parliamentary acquiescence in prevailing parliamentary systems in the sub-region.

In: Corporal Punishment of Children
In: The African Regional Human Rights System
In: Child-friendly Justice
In: Children's Health and Children's Rights
The series A Commentary on the United Nations Convention on the Rights of the Child, provides an article by article analysis of all substantive, organizational and procedural provisions of the CRC and its two Optional Protocols. Each volume in the series covers an article of the CRC. For every article, a comparison with related human rights provisions is made, followed by an in-depth exploration of the nature and scope of State obligations deriving from that article. Volumes are authored by experts in the topic under review. The series constitutes an essential tool for actors in the field of children’s rights, including academics, students, judges, grassroots workers, governmental, non-governmental and international officers. It was originally sponsored by the Belgian Federal Science Policy Office and is currently edited by the Child Law Department of the University of Leiden Law School.

Format
The Commentary is published as a part-work, and when completed, aims to offer the subscriber the most comprehensive, in-depth and practical reference work currently available on the United Nations Convention on the Rights of the Child.
Each chapter is produced as a separate fascicle consisting of (on average) 40 pages, and follows a clear and standard layout; fascicles are produced in paperback form, and are published and sent to subscribers on a regular basis.

Abstract

The covid-19 pandemic spread has it impacted health systems, economies and communities across the African continent. It has also exacerbated risks already faced by children: limiting access to education, reducing protection from sexual and gender-based violence, harmful traditional and cultural practices including child, early or forced marriage (cefm), female genital-mutilation (fgm); and further limiting access to reproductive services and food insecurity. This article illustrates that because demonstrably different considerations arise by comparison to children’s experiences in the global north, it would be a valuable contribution for the African Committee of Experts on the Rights and Welfare of the Child to develop a General Comment on state responses to upholding children’s rights in the context of epidemics, pandemics and emergencies, tailored to the specificities of the region.

Open Access
In: The International Journal of Children's Rights

This article represents the next in a series of five-year overviews of children’s rights in the courts in South Africa. Using the Convention on the Rights of the Child and the African Charter on the Welfare of Children as a point of departure, the study suggests that it is in the public sphere that children’s rights have had their most impact in the period under review. The article highlights eight areas of distinction in this five-year period: these include judicial approval of resource mobilisation for the fulfilment of children’s rights, emphasis on the quality of and standards in education; the development of innovative remedies to deal with unreasonable state measures affecting children, and an increasing focus on the right to dignity of the child. The authors conclude that the scope of the cases cited points to the growing insertion of children’s rights considerations in increasingly diverse areas of legal interaction. Furthermore, the authors posit that the CRC and ACRWC – together with non-binding sources of international law – have substantively informed and enriched the jurisprudence of South African courts.

In: The International Journal of Children's Rights