Protecting stateless children in South Africa through nationality: a children’s rights approach
- Authors: Maziya, Nokwanda Takalanga
- Date: 2024-10-11
- Subjects: Citizenship , Stateless persons , Children's rights , Human rights , Sovereignty
- Language: English
- Type: Academic theses , Doctoral theses , text
- Identifier: http://hdl.handle.net/10962/466469 , vital:76733 , DOI https://doi.org/10.21504/10962/466469
- Description: This study investigates the role of nationality in protecting stateless children. Under interna-tional human rights law, all individuals, including stateless persons, are entitled to certain rights by virtue of being human. Consequently, stateless children should theoretically have access to fundamental rights such as education, healthcare, and social security, even without nationality. However, this study challenges the assumption that stateless children can access these rights merely because they are human. The study reveals that, in practice, stateless chil-dren struggle to access essential rights like education, healthcare, and social welfare without nationality. The study asserts that nationality is crucial for stateless children to access basic rights in South Africa. The study examines various treaties related to nationality and con-cludes that none impose a binding obligation on South Africa to confer nationality on state-less children. The study then draws on international children's rights principles such as the best interest of the child, the right to life, survival and development, and the right to non-discrimination to demonstrate that despite a clear obligation on South Africa in terms of trea-ty law to grant nationality to stateless, these principles, place limits on South Africa's exer-cise of sovereign power. This, in turn, makes way for granting nationality to stateless chil-dren. , Thesis (PhD) -- Faculty of Law, Law, 2024
- Full Text:
- Date Issued: 2024-10-11
- Authors: Maziya, Nokwanda Takalanga
- Date: 2024-10-11
- Subjects: Citizenship , Stateless persons , Children's rights , Human rights , Sovereignty
- Language: English
- Type: Academic theses , Doctoral theses , text
- Identifier: http://hdl.handle.net/10962/466469 , vital:76733 , DOI https://doi.org/10.21504/10962/466469
- Description: This study investigates the role of nationality in protecting stateless children. Under interna-tional human rights law, all individuals, including stateless persons, are entitled to certain rights by virtue of being human. Consequently, stateless children should theoretically have access to fundamental rights such as education, healthcare, and social security, even without nationality. However, this study challenges the assumption that stateless children can access these rights merely because they are human. The study reveals that, in practice, stateless chil-dren struggle to access essential rights like education, healthcare, and social welfare without nationality. The study asserts that nationality is crucial for stateless children to access basic rights in South Africa. The study examines various treaties related to nationality and con-cludes that none impose a binding obligation on South Africa to confer nationality on state-less children. The study then draws on international children's rights principles such as the best interest of the child, the right to life, survival and development, and the right to non-discrimination to demonstrate that despite a clear obligation on South Africa in terms of trea-ty law to grant nationality to stateless, these principles, place limits on South Africa's exer-cise of sovereign power. This, in turn, makes way for granting nationality to stateless chil-dren. , Thesis (PhD) -- Faculty of Law, Law, 2024
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- Date Issued: 2024-10-11
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.
- Full Text:
- Date Issued: 2009
- 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.
- Full Text:
- Date Issued: 2009
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