An analysis of the South African common law defence of moderate and reasonable child chastisement
- Authors: Maqhosha, Noluthando
- Date: 2016
- Subjects: Common law Corporal punishment
- Language: English
- Type: Thesis , Masters , Degree
- Identifier: http://hdl.handle.net/10353/5447 , vital:29248
- Description: The study sought to analyse the South African common law defence of moderate and reasonable child chastisement. Regarded by those with religious and cultural beliefs as a way of instilling child discipline, child chastisement has been a centre of contestation in recent years. Constitutionally, children have rights to care, dignity and protection. Thus, child chastisement infringes upon these rights. However, regardless of its intentions, child chastisement has an effect of inflicting pain onto its victims thereby infringing on their rights to human dignity, equality and protection. It can also lead to unintended consequences such as injury or death to its victims. Subjecting children to this cruel, inhuman and degrading action affects the development of children and sometimes haunts them at a later stage in life. In addition, child chastisement lacks the measure of determining whether it is moderate or severe, thereby making it prone to abuse or misuse. The study used a qualitative research paradigm, where data was collected from existing documents and analysed towards understanding child chastisement and finding sustainable ways of improving child welfare in the home or in society. The study also analysed the legal framework on child welfare and chastisement globally, regionally and locally. Instruments such as the UNCRC, ACRWC and the UDHR have a clear stance abolishing child chastisement. The study established that, despite the existence of global instruments promoting child care and protection, the common law defence of corporal punishment in the home and society remains a loophole that needs closing and enactment of laws that outlaws it completely.
- Full Text:
- Date Issued: 2016
- Authors: Maqhosha, Noluthando
- Date: 2016
- Subjects: Common law Corporal punishment
- Language: English
- Type: Thesis , Masters , Degree
- Identifier: http://hdl.handle.net/10353/5447 , vital:29248
- Description: The study sought to analyse the South African common law defence of moderate and reasonable child chastisement. Regarded by those with religious and cultural beliefs as a way of instilling child discipline, child chastisement has been a centre of contestation in recent years. Constitutionally, children have rights to care, dignity and protection. Thus, child chastisement infringes upon these rights. However, regardless of its intentions, child chastisement has an effect of inflicting pain onto its victims thereby infringing on their rights to human dignity, equality and protection. It can also lead to unintended consequences such as injury or death to its victims. Subjecting children to this cruel, inhuman and degrading action affects the development of children and sometimes haunts them at a later stage in life. In addition, child chastisement lacks the measure of determining whether it is moderate or severe, thereby making it prone to abuse or misuse. The study used a qualitative research paradigm, where data was collected from existing documents and analysed towards understanding child chastisement and finding sustainable ways of improving child welfare in the home or in society. The study also analysed the legal framework on child welfare and chastisement globally, regionally and locally. Instruments such as the UNCRC, ACRWC and the UDHR have a clear stance abolishing child chastisement. The study established that, despite the existence of global instruments promoting child care and protection, the common law defence of corporal punishment in the home and society remains a loophole that needs closing and enactment of laws that outlaws it completely.
- Full Text:
- Date Issued: 2016
An investigation of the aquatic macroinvertebrate fauna of the southern Great Escarpment (South Africa): insights from ecological and genetic studies
- Authors: Taylor, Chantal Lee
- Date: 2016
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: vital:4275 , http://hdl.handle.net/10962/d1020839
- Description: Biological diversity in freshwater biomes is vital to maintain healthy, functioning ecosystems with resilience to disturbance and the impacts of climate change. Freshwater ecosystems provide essential resources to life on Earth. However, as increasing pressure is being placed on the environment by human population growth, the quality of freshwater resources and the health of these ecosystems are at risk. Mountain streams provide an important source of water and are usually less affected by anthropogenic stressors, compared to lowland freshwaters. These montane streams are therefore of important conservation value and due to their untransformed nature serve as ideal ecosystems for biodiversity studies and as reference sites for studies on environmental change. This study explores aquatic macroinvertebrate biodiversity of the southern Great Escarpment in South Africa. Species assemblages and the environmental variables of each site were sampled from first order streams across five different mountain blocks along the Great Escarpment. Additionally, mitochondrial DNA of three mayfly species (Afroptilum sudafricanum, Demoreptus natalensis and Demoreptus capensis), commonly occurring in the study area, was analysed to compare the genetic diversity between habitat specialist and habitat generalist species. A total of 2 595 macroinvertebrate specimens from 47 families and 86 species were collected with several interesting and potentially new species being discovered. Partitioned diversity analyses indicate that macroinvertebrate diversity varies across mountain blocks. Multivariate analyses indicate that differences in assemblages could be attributed to differences in environmental variables between sites, particularly water velocity, total dissolved solids and salinity. As these environmental variables reflect of the topography of the sites, differences in species assemblages was attributed to difference in topography and therefore biotopes present. Habitat-restricted mayfly species (D. natalensis and D. capensis), occur in distinct populations confined to mountains blocks. Isolation-by-distance analyses further emphasis that these species are genetically restricted by their habitat preference for mountain streams. In contrast, A. sudafricanum, a habitat generalist, showed no indication of genetic structure due to location or distance. Possible cryptic taxa and new species were identified within A. sudafricanum and Dermoreptus respectively. This study provides an important contribution to the baseline data of freshwater macroinvertebrate diversity for the southern Great Escarpment region and provides insights into the considerable genetic diversity of selected aquatic taxa across this region.
- Full Text:
- Date Issued: 2016
- Authors: Taylor, Chantal Lee
- Date: 2016
- Language: English
- Type: Thesis , Masters , MSc
- Identifier: vital:4275 , http://hdl.handle.net/10962/d1020839
- Description: Biological diversity in freshwater biomes is vital to maintain healthy, functioning ecosystems with resilience to disturbance and the impacts of climate change. Freshwater ecosystems provide essential resources to life on Earth. However, as increasing pressure is being placed on the environment by human population growth, the quality of freshwater resources and the health of these ecosystems are at risk. Mountain streams provide an important source of water and are usually less affected by anthropogenic stressors, compared to lowland freshwaters. These montane streams are therefore of important conservation value and due to their untransformed nature serve as ideal ecosystems for biodiversity studies and as reference sites for studies on environmental change. This study explores aquatic macroinvertebrate biodiversity of the southern Great Escarpment in South Africa. Species assemblages and the environmental variables of each site were sampled from first order streams across five different mountain blocks along the Great Escarpment. Additionally, mitochondrial DNA of three mayfly species (Afroptilum sudafricanum, Demoreptus natalensis and Demoreptus capensis), commonly occurring in the study area, was analysed to compare the genetic diversity between habitat specialist and habitat generalist species. A total of 2 595 macroinvertebrate specimens from 47 families and 86 species were collected with several interesting and potentially new species being discovered. Partitioned diversity analyses indicate that macroinvertebrate diversity varies across mountain blocks. Multivariate analyses indicate that differences in assemblages could be attributed to differences in environmental variables between sites, particularly water velocity, total dissolved solids and salinity. As these environmental variables reflect of the topography of the sites, differences in species assemblages was attributed to difference in topography and therefore biotopes present. Habitat-restricted mayfly species (D. natalensis and D. capensis), occur in distinct populations confined to mountains blocks. Isolation-by-distance analyses further emphasis that these species are genetically restricted by their habitat preference for mountain streams. In contrast, A. sudafricanum, a habitat generalist, showed no indication of genetic structure due to location or distance. Possible cryptic taxa and new species were identified within A. sudafricanum and Dermoreptus respectively. This study provides an important contribution to the baseline data of freshwater macroinvertebrate diversity for the southern Great Escarpment region and provides insights into the considerable genetic diversity of selected aquatic taxa across this region.
- Full Text:
- Date Issued: 2016
An analysis of the South African common law defence of moderate and reasonable child chastisement
- Authors: Maqhosha, Noluthando
- Date: 2016
- Subjects: Common law Common law -- South Africa -- Cases Corporal punishment
- Language: English
- Type: Thesis , Masters , MA (Human Rights)
- Identifier: http://hdl.handle.net/10353/2556 , vital:27894
- Description: The study sought to analyse the South African common law defence of moderate and reasonable child chastisement. Regarded by those with religious and cultural beliefs as a way of instilling child discipline, child chastisement has been a centre of contestation in recent years. Constitutionally, children have rights to care, dignity and protection. Thus, child chastisement infringes upon these rights. However, regardless of its intentions, child chastisement has an effect of inflicting pain onto its victims thereby infringing on their rights to human dignity, equality and protection. It can also lead to unintended consequences such as injury or death to its victims. Subjecting children to this cruel, inhuman and degrading action affects the development of children and sometimes haunts them at a later stage in life. In addition, child chastisement lacks the measure of determining whether it is moderate or severe, thereby making it prone to abuse or misuse. The study used a qualitative research paradigm, where data was collected from existing documents and analysed towards understanding child chastisement and finding sustainable ways of improving child welfare in the home or in society. The study also analysed the legal framework on child welfare and chastisement globally, regionally and locally. Instruments such as the UNCRC, ACRWC and the UDHR have a clear stance abolishing child chastisement. The study established that, despite the existence of global instruments promoting child care and protection, the common law defence of corporal punishment in the home and society remains a loophole that needs closing and enactment of laws that outlaws it completely.
- Full Text:
- Date Issued: 2016
- Authors: Maqhosha, Noluthando
- Date: 2016
- Subjects: Common law Common law -- South Africa -- Cases Corporal punishment
- Language: English
- Type: Thesis , Masters , MA (Human Rights)
- Identifier: http://hdl.handle.net/10353/2556 , vital:27894
- Description: The study sought to analyse the South African common law defence of moderate and reasonable child chastisement. Regarded by those with religious and cultural beliefs as a way of instilling child discipline, child chastisement has been a centre of contestation in recent years. Constitutionally, children have rights to care, dignity and protection. Thus, child chastisement infringes upon these rights. However, regardless of its intentions, child chastisement has an effect of inflicting pain onto its victims thereby infringing on their rights to human dignity, equality and protection. It can also lead to unintended consequences such as injury or death to its victims. Subjecting children to this cruel, inhuman and degrading action affects the development of children and sometimes haunts them at a later stage in life. In addition, child chastisement lacks the measure of determining whether it is moderate or severe, thereby making it prone to abuse or misuse. The study used a qualitative research paradigm, where data was collected from existing documents and analysed towards understanding child chastisement and finding sustainable ways of improving child welfare in the home or in society. The study also analysed the legal framework on child welfare and chastisement globally, regionally and locally. Instruments such as the UNCRC, ACRWC and the UDHR have a clear stance abolishing child chastisement. The study established that, despite the existence of global instruments promoting child care and protection, the common law defence of corporal punishment in the home and society remains a loophole that needs closing and enactment of laws that outlaws it completely.
- Full Text:
- Date Issued: 2016
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