The promotion of the right to access adequate housing for street children in Kenya
- Authors: Wanjala, Esther Nasimiyu
- Date: 2024-04
- Subjects: Children's rights , Children's act , Street children
- Language: English
- Type: Doctoral theses , text
- Identifier: http://hdl.handle.net/10948/64358 , vital:73679
- Description: This thesis explores the fundamental right to housing and shelter, recognised at national, regional, and international levels, focusing on its application to street children in Kenya. Despite constitutional provisions, street children in Kenya face exclusion from socio-economic interventions, particularly in the realm of housing and shelter. This exclusion stems from the absence of specific legislation addressing their unique needs. Existing laws, such as the Children Act, 2022 and the Housing Act, 2007 fall short of safeguarding the rights of street children, perpetuating discrimination based on economic status. The research examines international, regional, and national legal frameworks to uncover obstacles hindering street children from enjoying their legally protected human rights, including housing and shelter. Legal instruments such as the Universal Declaration of Human Rights, International Covenant on Economic, Social, and Cultural Rights, International Covenant on Civil and Political Rights, Convention on the Rights of the Child, the African Charter on Human and Peoples Rights, and the African Charter on the Rights and Welfare of a Child and policies like the Sustainable Development Goals 2030, the African Union Agenda 2063, and Agenda 2040 were considered. The research employed qualitative research methodology that included theoretical and non-empirical methods. It used a combination of descriptive, correlative, and limited comparative analysis of the status of street children in the East African Community State Parties of Tanzania, Uganda, and Rwanda, as well as South Africa. Theoretical perspectives, including human rights-based, vulnerability, othering, and capability theories, informed the discussions on improving the status of street children in Kenya. The study employed critical social justice and vulnerability theories to analyse how discrimination and prejudices in society can violate fundamental rights, particularly street children's rights. The findings of the study revealed the inadequate legal and institutional frameworks in promoting street children's rights in Kenya. The study referred to the best practices in the select East African Community State Parties and South Africa that Kenya can emulate to benefit street children and realise the right to shelter and adequate housing. The study recommends legal and policy reviews to protect street children's rights to adequate housing and shelter guided by constitutional and international standards. , Thesis (LLD) -- Faculty of Law, 2024
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- Date Issued: 2024-04
Experiences of children who have transitioned into foster care in Breidbach community in King Williams, Buffalo City, Eastern Cape
- Authors: Nkumbi, Sinazo
- Date: 2022-06
- Subjects: Foster children--Care , Children's rights , Participation
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/23776 , vital:60520
- Description: The study explored the experiences of children who have transitioned into foster care, looking in depth at their level of participation in matters concerning their lives. The researcher was predominantly inspired to conduct this research by children in communities who found themselves falling unintentionally into a system of foster care. There are overt hardships in communities that result in children needing care and protection. Children find themselves faced with abusive circumstances, experiencing loss and being abandoned. There is little research on experiences of children who have transitioned into foster care, on child participation in matters that involve their lives, and research that documents the perspectives of children. Children’s ability to exercise their constitutional right to participate, and making their voices heard regarding their life experiences through their own milieu, have also not received attention. There are several intervention systems put in place by the South African government to aid children in need of care and protection, and systems to place children in conducive environments. These systems are largely focused on placement of the child in need, application for foster care grants, foster parents, and the extension of the foster placement. However, there is very little information regarding the child’s right to participate in matters that involve their lives. The goal of the study was to investigate children’s participation in matters that affect their lives. It was interested in children’s perspectives. The aim was to explore the experiences of children who had transitioned into the foster care system in Breidbach Community in King Williams Town it Buffalo City Municipality. The purpose was to identify gaps, as there is minimal information concerning experiences of children who have transitioned into foster care and on children’s participation as stipulated within section 10 of the Children’s Act 38 of 2005. To be able to achieve the objectives of the study, interviews were conducted with purposefully sampled participants. Data obtained was analysed according to qualitative data analysis procedures. The researcher utilised exploratory, descriptive and contextual research designs. The domain where participants were interviewed was Breidbach, King Williams Town, and Buffalo City under the jurisdiction of the Department of Social Development (DSD) and Child Protection Organisations (CPO). Findings indicate the children lacked education on their right to participate in matters that affect their lives. Furthermore, some professionals did not involve the children in matters that affected them, leading to interventions on matters concerning the children that did not benefit from input by the children. Taking into cognisance of all the relevant information stated above, children’s right to participate in matters involving their lives is as paramount as the involvement of the social workers and the foster parents when determining their placement. A holistic approach has to be used, hence it is primary and recommended that, the investigation, intervention strategies and framework used by social workers in making sure that children in need of care and protection include the perspectives of children who are to be placed into foster care. This will be possible through the participation of a child. , Thesis (MSoc) -- Faculty of Social Sciences and Humanities, 2022
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- Date Issued: 2022-06
The obligation of unmarried biological parents to provide financial support for their children: a contemporary assessment from a children’s rights perspective
- Authors: Obi, Lauretta
- Date: 2021-07
- Subjects: Children's rights , Support (Domestic relations)
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/22445 , vital:52322
- Description: In South Africa, the compelling task of unmarried biological parents to provide financial support (in the form of paying monthly maintenance) to their children, as a matter of children’s rights, is intended to ensure the children’s economic and psychological well-being both in the present and future. This study seeks, within the private judicial system and socio-economic context, to explore the nature of children’s rights as they pertain to parental financial support and, the responsibilities of unmarried parents to provide financial support for their biological children until they become self-supporting. This is significant as many unmarried parents usually downplay their responsibilities towards ensuring the well-being of their minor children. Section 28 of the South African Constitution of 1996 enshrines it as a duty of parents to fulfil this aspect of their children’s fundamental rights and our courts apply these rules to the letter. The task of providing support to children basically rests with their birth parents as the primary care givers, and in the absence of these parents or, due to their inability, this legal obligation falls on the state. , Thesis (LLM) -- Faculty of Law, 2021
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- Date Issued: 2021-07
The protection of children during assert forfeiture procedure
- Authors: Khunou, Lesego
- Date: 2021-04
- Subjects: Gqeberha (South Africa) , Eastern Cape (South Africa) , Children's rights
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10948/51207 , vital:43221
- Description: As South Africa was transitioning into a new democracy there was an upsurge of organised crimes in the country. In the pursuit of tackling the rise of organised crimes in South Africa which would destabilise the country's economy, the Prevention of Organised Crimes Act was introduced however the act was not only for organised crime, it was for crimes such as money laundering, racketeering and gang activities amongst other crimes. , Thesis (LLM) -- Faculty of Law, Criminal and Procedural Law, 2021
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- Date Issued: 2021-04
The constitutional rights of 'benefactor children' and 'saviour siblings' to bodily intergrity and autonomy
- Authors: Du Plessis, Emma Kate
- Date: 2011
- Subjects: Children's rights , Civil rights , Genetic engineering
- Language: English
- Type: Thesis , Masters , LLM
- Identifier: vital:10283 , http://hdl.handle.net/10948/d1010420 , Children's rights , Civil rights , Genetic engineering
- Description: In modern society, children are acknowledged as bearers of both children‟s rights and all other rights in the Bill of Rights which generally apply to children. One important right, outside of section 28, is that of bodily integrity or the right to control and decide what happens to their body. Therefore, children theoretically have the right to consent to medical treatment and surgery. However, children are generally deemed to lack the necessary maturity to make decisions of this nature and require parental consent before any medical procedure may be performed. Following the enactment of the Children‟s Act 38 of 2005, the age of consent for medical intervention was lowered to the uniform age of twelve. Children above the age of twelve are recognised as having the capacity to make their own decisions in respect of bodily integrity, whereas those under twelve still require parental consent. While this may be a positive evelopment, it is potentially problematic for two groups of children, known as „benefactor children‟ and „saviour siblings‟. In the last 50 years, there has been a noticeable advancement in the field of genetic research. One such development is the possibility of creating one child to save the life of another through tissue or organ donation. This has provided options to parents of children with life threatening conditions where before, there was little hope of a cure. Now, at the request of these parents, children can be specifically “genetically engineered” as an embryo, to become a tissue or organ match to a sick sibling. These children are known as „saviour siblings‟. Another group of children has emerged. While not the result of “genetic engineering”, they serve a similar purpose in being potential life-saving donors to an ill sibling and are known as „benefactor children‟. Both categories of children enjoy the protection of fundamental rights. For those who are under twelve years of age however, the right to bodily integrity can be infringed upon by the proposed surgical removal of organs or tissue for the benefit of a sick sibling, based purely on a parent‟s consent. At stake too, is the right to reproductive autonomy. Parents bear children for a number of different reasons, which can include raising a child to save the life of another. As they have the right to reproductive autonomy, adults are able to decide when they want children and for what reason they want children, which can include the various techniques used to bring about „saviour siblings‟. However, as rights are mutually interrelated and nterdependent, they cannot be viewed in isolation. Therefore, it must be asked: does a person‟s right to reproductive autonomy, as guaranteed by the Constitution, justify interference with an embryo? As an embryo is not recognised in South African law as a legal subject, it will be difficult to justify interference with this right on this basis. The right to consent to medical intervention only from age twelve was described as potentially problematic for „benefactor children‟ and „saviour siblings‟, as parents with seriously ill children may become so emotionally burdened, that they place the welfare of the sick child over that of the healthy child. Thus, it is possible that parents will consent to any and all procedures on the „benefactor child‟ or „saviour sibling‟, regardless of the implications to the health and suffering of the healthy child. Section 28(2) of the Constitution states that the child‟s best interests are of paramount importance but, it must be asked, whose best interests are more important when more than one child is involved? As this is a decision parents are incapable of making at that time, the decision should be made by a neutral, impartial and unemotional third party such as the Court, which can be assisted by the Family Advocate and an ombudsman, who are experts in assisting children and promoting their best interests. Presently, South African law does not expressly address „saviour siblings‟. However, with few changes to the National Health Act and other Regulations, this is an area which could be regulated in time. These changes could include finalising the draft regulations as well as providing a list of the medical and dental purposes for which blood and tissue can be removed and should make specific reference to the removal of tissue, blood or blood products to treat a sick sibling. It is also imperative that South Africa regulates these matters now, as „saviour siblings‟ are no longer simply a matter for the future. Furthermore, legislation needs to be amended and enacted to prevent the law from becoming out-dated and redundant, leaving „benefactor children‟ and „saviour siblings‟ vulnerable while law is being drafted. In that international law is silent on the matter, South Africa would be well advised to consider foreign law such as the United Kingdom, in developing its law. As the United Kingdom has developed a National Board, so too should South Africa, as this would assist in regulating „saviour siblings‟ by allowing members to review each proposed case of „saviour siblings‟. This is merely one recommendation of several which could facilitate a smooth, controlled regulation of a highly emotional topic. Children remain one of the most vulnerable groups in society and their rights are often susceptible to infringement or abuse. It is incumbent on the law to ensure that, wherever possible, these rights are protected, especially as science continues to advance and it becomes more difficult to determine what is morally correct.
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- Date Issued: 2011
Transnational civil society's ability to successfully influence state actors on human rights issues through international non-governmental organizations (INGOs) : a case study of the coalition to stop the use of child soldiers
- Authors: VerHage, Alicia
- Date: 2009
- Subjects: International Campaign to Ban Landmines , Convention on the Rights of the Child (1989 November 20) , Non-governmental organizations , Child soldiers , Children's rights , Human rights , Children (International law)
- Language: English
- Type: Thesis , Masters , MA
- Identifier: vital:2884 , http://hdl.handle.net/10962/d1015249
- Description: The international dilemma of child soldiers is a humanitarian concern throughout the world. The Coalition to Stop the Use of Child Soldiers (CSUCS) began in 1998 and is currently the leading collaborative movement to address the issue. However, because of its emphasis on a universal 'Straight 18' approach and support of the Optional Protocol of the Convention on the Rights of a Child (CRC), the CSUCS ignores contextual realities that affect the implementation ofthe international legislation and the development of norms concerning child soldiers. This research project will examine the current international nongovernmental organization (INGO) response to child soldiers- focusing on the CSCUS - and formulate suggestions for potential avenues to further INGO involvement with policies and projects. The argument is based on a neoliberal institutionalist platform that argues in favour ofiNGOs' ability to successfully influence actions taken by state actors to address human right issues. Highlighting the successful INGO influence on states during the International Campaign to Ban Landmines, I will present this example as a potential model for the Coalition to Stop the Use of Child Soldiers, and explore the feasibility of this model whilst making suggestions for more effective involvement of INGOs with regard to the issue of child soldiers.
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- Date Issued: 2009