A maturing manifesto: the constitutionalisation of children’s rights in South African jurisprudence 2007-2012

Sloth-Nielsen, Julia; Kruuse, Helen

Title: A maturing manifesto: the constitutionalisation of children’s rights in South African jurisprudence 2007-2012
Creator: Sloth-Nielsen, Julia
Creator: Kruuse, Helen
Date Issued: 2013
Date: 2013
Type: text
Type: article
Identifier: http://hdl.handle.net/10962/68972
Identifier: vital:29344
Identifier: http://dx.doi.org/10.1163/15718182-02102005
Description: Pre-print
Description: 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.
Format: 30 pages
Format: pdf
Publisher: Brill Academic Publishers
Language: English
Relation: The International Journal of Children's Rights
Relation: Sloth-Nielsen, J. and Kruuse, H. (2013) A maturing manifesto: The constitutionalisation of children’s rights in South African jurisprudence 2007-2012. The International Journal of Children’s Rights, 21 (4), 646-678. DOI:https://doi.org/10.1163/15718182-02102005
Relation: The International Journal of Children's Rights volume 21 number 4 646 678 2013 1571-8182
Rights: Brill Academic Publishers
Rights: Use of this resource is governed by the terms and conditions of the The International Journal of Children's Rights

Hits: 996
Visitors: 1173
Downloads: 198

Collections

Kruuse, Helen (Mrs)

RU Department of Law

		Thumbnail	File	Description	Size	Format
View Details Download			SOURCE1	PDF	387 KB	Adobe Acrobat PDF	View Details Download