Abstract:
This mini-dissertation examined the legal frameworks in South Africa post-1994, focusing on fatherhood and parental responsibility. The Children's Act of 2005 acknowledges fathers' role in a child's life and encourages their participation in decision-making processes. However, the Centre for Child Law challenged the Births and Deaths Registration Act 51 of 1992, highlighting the disadvantaging nature of fathers in parentage rights. Post-1994, father-friendly policies like modest paternity leave and the BCEA Amendment Act have been introduced, but their impact on children's development and well-being remains limited. The research further discusses the gaps and challenges in South Africa's legislative frameworks for promoting balanced parental responsibility. Societal factors like poverty and a lack of access to education and healthcare impact a parent's ability to provide for their children. The South African government has implemented laws like the Children's Act and the BCEA, but the UNCRC and South African Constitution still prioritize gendered definitions. Paternity leave regulations in Nordic countries like Norway emphasize the importance of fathers taking longer leaves to balance their parental responsibilities. The study highlights the need for bridging international treaties and conventions and learning from best practices.
