Perceptions of South African teenagers on HIV counselling and testing (HCT) at an Eastern Cape School
- Authors: Fray, Veronica
- Date: 2011-10
- Subjects: Teenagers , Sexual Ethics , Diseases
- Language: English
- Type: Master's theses , text
- Identifier: http://hdl.handle.net/10353/24091 , vital:62344
- Description: HIV counselling and testing has long been identified and used as an important entry point around the world in trying to minimise the impact of HIV, particularly on vulnerable populations. South Africa is one of the countries in the world most affected by HIV, and despite concerted governmental efforts to try to contain the disease since the 1990‟s; it remains a threat to the South African population today. Teenagers are a particularly vulnerable group, as they have been found to often engage in behaviours without apparent regard for the consequences of such actions. With the government’s recent upscale of HIV counselling and testing, through its largest national HCT campaign which includes school learners, this study aimed at establishing the perceptions of high school learners through a KABP survey. The study found that while learners may have the necessary knowledge of HIV/ADS, this did not necessarily determine their sexual behaviour or attitudes. Variations were also found in terms of their developmental needs, with possible implications for testing campaigns. Finally, a lack of trust that confidentiality would be maintained may seriously limit uptake of such a service at schools. , Thesis (MA) -- Faculty Social Sciences and Humanities, 2011
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- Date Issued: 2011-10
The legislation regulation of consensual sexual acts by 16 and 17 years
- Authors: Nkontso, Siviwe
- Date: 2023-04
- Subjects: Delegated legislation , Sexual intercourse , Teenagers
- Language: English
- Type: Master's theses , Thesis
- Identifier: http://hdl.handle.net/10948/60718 , vital:66461
- Description: The Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 (“SORMA”), was promulgated to consolidate the laws relating to sexual offences in South Africa. One of the most important aspects of SORMA was that it made provision for the prosecution of those who engaged in sexual acts with minor children. However, SORMA had a major drawback in that it not only criminalised consensual sexual acts with children by adults, but also criminalised consensual sexual acts between children themselves. Thus, children could be prosecuted for engaging in consensual sexual conduct with each other. Stemming from this peculiar position, the provisions of section 15 (statutory rape) and section 16 (statutory sexual assault), insofar as they related to the prosecution of adolescents for engaging in consensual sexual acts with each other, was constitutionally challenged by various human rights organisations. The Constitutional Court in Teddy Bear Clinic v Minister of Justice and Constitutional Development 2014 (2) SA (CC) found that the provisions of section 15 and 16 of SORMA were unconstitutional insofar as they criminalised consensual sexual acts between adolescents older than 12 but younger than 16. The original version of SORMA, for purposes of sections 15 and 16, defined a child as a person under the age of 16 years. Only children younger than 16 years received protection under SORMA. The provisions of sections 15 and 16 of SORMA were the subject of a constitutional challenge in Teddy Bear Clinic. However, the position of 16 and 17 year old children was not dealt with, as it did not form part of the issues that had to be decided by the court. Subsequent to the Teddy Bear Clinic judgment, SORMA was amended, and the amended version defined a child as a person younger than 18 years. Despite this, 16 and 17 year old children did not fall within the ambit of protection provided by SORMA. They were still exposed to prosecution for consensual sexual acts with their adolescent counterparts. Moreover, they were not protected against adult sexual predators who prey on young children. Effectively, SORMA provided some degree of protection, but such protection is not sufficient, and it is contrary to the best interests of the child principle. vi Thus, this research project seeks to highlight, assess and criticise the failure of SORMA to provide adequate legislative protection to 16 and 17 year old children. They still face the possibility of prosecution for consensual sexual acts with other adolescent children, and, they are not offered any protection from adult sexual predators. This position is unacceptable as it is contrary to the spirit and purport of the Constitution, specifically the best interests of the child principle, an important international law principle. Article 3 (1) of the Convention on the Rights of the Child provides that in all matters concerning children, the best interests of the child shall be a primary consideration. The African Charter on the Rights and Welfare of the Child provides that in all actions concerning the child, the best interests of the child shall be the primary consideration. Thus, the lack of protection of 16 and 17 year old children under SORMA is not only contrary to the Constitution, but also to a fundamental international law principle. , Thesis (LLM) -- Faculty of Law, School of Criminal & Procedural Law, 2023
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- Date Issued: 2023-04