Beyond Redress Prioritising The Child S Best Interests To Achieve Equality Before The Law In South Africa
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Beyond Redress Prioritising The Child S Best Interests To Achieve Equality Before The Law In South Africa
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Author : Salatiso
language : en
Publisher: Salatiso
Release Date : 2024-07-06
Beyond Redress Prioritising The Child S Best Interests To Achieve Equality Before The Law In South Africa written by Salatiso and has been published by Salatiso this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-07-06 with Family & Relationships categories.
In democratic South Africa, "Beyond Redress" emerges as a beacon of hope, illuminating a path towards true equality and justice. This groundbreaking work delves deep into the heart of the nation's ongoing struggle for reconciliation, challenging the conventional wisdom surrounding redress policies and their impact on children. The book's central thesis is both provocative and compelling: that well-intentioned policies designed to redress the injustices of apartheid have inadvertently perpetuated inequality and exacerbated social ills. By meticulously examining the unintended consequences of affirmative action, Black Economic Empowerment (BEE), and other race-based initiatives, the author reveals a troubling reality: that these policies have often benefited a privileged few while leaving the majority of South Africans, particularly the "born-free" generation, mired in poverty and disadvantage. "Beyond Redress" confronts the uncomfortable truth that the pursuit of redress has sometimes come at the expense of the best interests of the child. The book highlights how discriminatory practices, even those sanctioned by the state in the name of "fair discrimination," can have devastating consequences for children's development, education, and future prospects. Through poignant anecdotes and compelling data, the book paints a vivid picture of the challenges faced by the "born-free" generation and their children. It reveals how the burden of redress policies often falls disproportionately on the shoulders of these young people, limiting their opportunities and perpetuating a cycle of disadvantage. But "Beyond Redress" is not simply a critique of the status quo; it is a call to action, a blueprint for a more just and equitable future. The author proposes a radical reimagining of South Africa's approach to redress, one that prioritizes the best interests of the child above all else. This child-centric approach recognizes that every policy decision ultimately impacts the lives of children. At the heart of this vision is a shift away from race-based policies towards a merit-based system that rewards individual potential and achievement. By focusing on individual capabilities rather than immutable characteristics, South Africa can create a truly inclusive society where everyone has the opportunity to succeed based on their own merit.
Goliath S Reckoning Unveiling The Biassed Truth Behind Children S Court That Discriminates Against Fathers
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Author : Salatiso
language : en
Publisher: Salatiso
Release Date : 2024-06-10
Goliath S Reckoning Unveiling The Biassed Truth Behind Children S Court That Discriminates Against Fathers written by Salatiso and has been published by Salatiso this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-06-10 with Family & Relationships categories.
Discover a Father's Courageous Fight Against a Biased Legal System and the Struggle for True Equality In "Goliath's Reckoning: Unveiling the Biassed Truth Behind Children's Court," embark on a profound journey through the complexities of South Africa's family courts, where one father's unwavering determination to protect his son becomes a powerful stand against state-sanctioned gender discrimination. This compelling narrative not only explores the personal sacrifices and legal battles faced by fathers but also serves as a comprehensive guide for navigating a system that often seems rigged against them. Key Highlights: A Personal Battle: Follow the author's deeply personal story as he confronts a legal system that favors mothers and marginalizes fathers, threatening the best interests of children. Inspired by his own experiences and those of other fathers, the author reveals the immense strength required to challenge deeply entrenched biases. Legal Strategies and Practical Insights: Gain valuable insights and practical strategies for self-represented litigants fighting for their parental rights. This book offers a roadmap for navigating the complexities of family law, empowering parents to advocate effectively for their children. Equality Before the Law: Explore the critical principle of equality before the law, a cornerstone of justice that empowers every citizen, regardless of their background or social standing, to hold the government and its institutions accountable. Learn how state-sanctioned discrimination—whether based on gender or race—undermines this principle and threatens the future of South Africa's children. A Call to Action: "Goliath's Reckoning" is more than a memoir; it is a call to action for all those who have felt powerless against a biased system. The author challenges readers to stand up for what is right, using the power of personal agency and the guiding light of the Constitution to create a fair and just society. Why This Book Matters: In a world where justice and equality are often compromised by well-intentioned but flawed redress policies, this book shines a light on the urgent need for reform. The author argues that true equality before the law must be restored to protect the best interests of the child and ensure that every parent, including fathers, has the opportunity to play an active and nurturing role in their child's life. Who Should Read This Book: Fathers and Parents: Seeking to understand their rights and navigate the family court system. Legal Professionals: Interested in the impact of gender biases in family law. Social Justice Advocates: Committed to fighting all forms of state-sanctioned discrimination. Readers: Who believe in the power of individual agency and the importance of equality before the law.
Children Autonomy And The Courts
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Author : Aoife Daly
language : en
Publisher: BRILL
Release Date : 2018-02-05
Children Autonomy And The Courts written by Aoife Daly and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-02-05 with Law categories.
In this book Aoife Daly argues that where courts decide children's best interests (for example about parental contact) the UN Convention on the Rights of the Child's \'right to be heard\' is insufficient, and autonomy should instead be the focus. Global law and practice indicate that children are regularly denied due process rights in their own best interest proceedings and find their wishes easily overridden. It is argued that a children's autonomy principle, respecting children's wishes unless significant harm would likely result, would ensure greater support for children in proceedings, and greater obligations on adults to engage in transparent decision-making. This book is a call for a reconceptualisation of the status of children in a key area of children's rights.
Implementation Handbook For The Convention On The Rights Of The Child
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Author : Rachel Hodgkin
language : en
Publisher: United Nations Publications
Release Date : 2007
Implementation Handbook For The Convention On The Rights Of The Child written by Rachel Hodgkin and has been published by United Nations Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
"The Handbook aims to be a practical tool for implementation, explaining and illustrating the implications of each article of the Convention on the Rights of the Child and of the two Optional Protocols adopted in 2000 as well as their interconnections."--P. xvii.
Practising Gender Equality In Education
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Author : Elaine Unterhalter
language : en
Publisher: Oxfam
Release Date : 2007
Practising Gender Equality In Education written by Elaine Unterhalter and has been published by Oxfam this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Social Science categories.
Contributors discuss some key challenges in achieving gender equality in education, give examples of initiatives in a range of contexts, and make recommendations for action. They suggest that there is a more substantive goal to aim for than gender parity, for an equitable education system which allows all individuals to develop their potential.
The African Criminal Court
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Author : Gerhard Werle
language : en
Publisher: Springer
Release Date : 2016-11-29
The African Criminal Court written by Gerhard Werle and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-29 with Law categories.
This book offers the first comprehensive and in-depth analysis of the provisions of the ‘Malabo Protocol’—the amendment protocol to the Statute of the African Court of Justice and Human and Peoples’ Rights—adopted by the African Union at its 2014 Summit in Malabo, Equatorial Guinea. The Annex to the protocol, once it has received the required number of ratifications, will create a new Section in the African Court of Justice and Human and Peoples’ Rights with jurisdiction over international and transnational crimes, hence an ‘African Criminal Court’. In this book, leading experts in the field of international criminal law analyze the main provisions of the Annex to the Malabo Protocol. The book provides an essential and topical source of information for scholars, practitioners and students in the field of international criminal law, and for all readers with an interest in political science and African studies. Gerhard Werle is Professor of German and Internationa l Crimina l Law, Criminal Procedure and Modern Legal History at Humboldt-Universität zu Berlin and Director of the South African-German Centre for Transnational Criminal Justice. In addition, he is an Extraordinary Professor at the University of the Western Cape and Honorary Professor at North-West University of Political Science and Law (Xi’an, China). Moritz Vormbaum received his doctoral degree in criminal law from the University of Münster (Germany) and his postdoctoral degree from Humboldt-Universität zu Berlin. He is a Senior Researcher at Humboldt-Universität, as well as a coordinator and lecturer at the South African-German Centre for Transnational Criminal Justice.
The Practice Of Ukuthwala
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Author : South African Law Reform Commission
language : en
Publisher:
Release Date : 2014
The Practice Of Ukuthwala written by South African Law Reform Commission and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Forced marriage categories.
Model Law On Access To Information For Africa And Other Regional Instruments Soft Law And Human Rights In Africa
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Author : Ololade Shyllon
language : en
Publisher: Pretoria University Law Press
Release Date : 2018-01-01
Model Law On Access To Information For Africa And Other Regional Instruments Soft Law And Human Rights In Africa written by Ololade Shyllon and has been published by Pretoria University Law Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-01-01 with Law categories.
Model Law on Access to Information for Africa and other regional instruments: Soft law and human rights in Africa Edited by Ololade Shyllon 2018 ISBN: 978-1-920538-87-3 Pages: 255 Print version: Available Electronic version: Free PDF available About the publication The adoption in 2013 of the Model Law on Access to Information for Africa by the African Commission on Human and Peoples’ Rights is an important landmark in the increasing elaboration of human rights-related soft law standards in Africa. Although non-binding, the Model Law significantly influenced the access to information landscape on the continent. Since the adoption of the Model Law, the Commission adopted several General Comments. The AU similarly adopted Model Laws such as the African Union Model Law on Internally Displaced Persons in Addressing Internal Displacement in Africa. This collection of essays inquires into the role and impact of soft law standards within the African human rights system and the AU generally. It assesses the extent to which these standards induced compliance, and identifies factors that contribute to generating such compliance. This book is a collection of papers presented at a conference organised by the Centre for Human Rights, University of Pretoria, with the financial support of the government of Norway, through the Royal Norwegian Embassy in Pretoria. Following the conference, the papers were reviewed and reworked. Table of Contents Acknowledgments Preface Contributors Abbreviations and acronyms PART I: THE MODEL LAW AND ITS INFLUENCE ON ACCESS TO INFORMATION IN AFRICA Introduction Ololade Shyllon The impact of the Model Law on Access to Information for Africa Fola Adeleke Implementing a Model Law on Access to Information in Africa: Lessons from the Americas Marianna Belalba and Alan Sears The implementation of the constitutional right of access to information in Africa: Opportunities and challenges Ololade Shyllon PART II: COUNTRY STUDIES The Model Law on Access to Information for Africa and the struggle for the review and passage of the Ghanaian Right to Information Bill of 2013 Ugonna Ukaigwe The impact of the Model Law on Access to Information for Africa on Kenya’s Access to Information framework Anne Nderi The Sudanese Access to Information Act 2015: A step forward? Ali Abdelrahman Ali Compliance through decoration: Access to information in Zimbabwe Nhlanhla Ngwenya PART III: INFLUENCE OF SOFT LAW WITHIN THE AFRICAN HUMAN RIGHTS SYSTEM Soft law and legitimacy in the African Union: The case of the Pretoria Principles on Ending Mass Atrocities Pursuant to Article 4(h) of the AU Constitutive Act Busingye Kabumba The incorporation of the thematic resolutions of the African Commission into the domestic laws of African countries Japhet Biegon General Comment 1 of the African Commission of the African Commission on Human and Peoples’ Rights: A source of norms and standard setting on sexual and reproductive health and rights Ebenezer Durojaye The African Union Model Law on Internally Displaced Persons: A critique Romola Adeola Selected bibliography
Youth And Changing Realities
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Author : Ahmimed, Charaf
language : en
Publisher: UNESCO Publishing
Release Date : 2019-10-04
Youth And Changing Realities written by Ahmimed, Charaf and has been published by UNESCO Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-04 with categories.
European Convention On The Adoption Of Children Revised
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Author : Council of Europe
language : en
Publisher: Council of Europe
Release Date : 2009
European Convention On The Adoption Of Children Revised written by Council of Europe and has been published by Council of Europe this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Business & Economics categories.
The aim of the European Convention on the Adoption of Children (revised) (CETS No. 202) is to set out a collection of legal rules aimed at harmonising the adoption of children in Europe according to the core principles of the Council of Europe. The convention takes account of the social and legal developments of recent years as well as the case law of the European Court of Human Rights. It underlines that the best interests of the child must always take precedence over any other considerations