Rehabilitation in retrograde : preventing the publication of children's names after the age of 18

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dc.contributor.advisor Ozah, R.L.K.
dc.contributor.postgraduate Madise, Sophy Boitumelo
dc.date.accessioned 2019-06-02T11:39:23Z
dc.date.available 2019-06-02T11:39:23Z
dc.date.created 2019/04/04
dc.date.issued 2018
dc.description Mini Dissertation (LLM)--University of Pretoria, 2018.
dc.description.abstract Children are afforded a number of protections when they encounter the criminal justice system. The need for special protection stems from the vulnerable position children occupy in society. When children form part of the criminal justice system, either by being an offender, victim, or witness, they may be subjected to harm. To mitigate against the potential harm that may be caused, our law provides that criminal proceedings involving children, should not be open to the public, subject to the discretion of the court. This protection naturally seems at odds with the principle of open justice. However, the courts have reconciled the limitation with the legal purpose it serves. For all the protection and the lengths that the law goes to protect the identity of children in this regard, it appears there is an unofficial timer dictating when this protection should end. The media have been at the forefront of this conundrum to the extent that they believe that once a child (offender, victim, or witness) turns 18 years old, they are free to reveal the child’s identity. This belief, grounded in the right to freedom of expression and the principle of open justice, is at odds with the child’s best interests, right to dignity and the right to privacy. It also stares incredulously in the face of the aims of the Child Justice Act and the principles of restorative justice. Measured against the detrimental psychological effects experienced by child victims, witnesses, and offenders; this research aims to critically analyse the legal and practical implications of revealing the identity of child victims, witnesses, and offenders after they turn 18 years old.
dc.description.availability Unrestricted
dc.description.degree LLM
dc.description.department Private Law
dc.identifier.citation Madise, SB 2018, Rehabilitation in retrograde : preventing the publication of children's names after the age of 18, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/69891>
dc.identifier.other A2019
dc.identifier.uri http://hdl.handle.net/2263/69891
dc.language.iso en
dc.publisher University of Pretoria
dc.rights © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria.
dc.subject UCTD
dc.title Rehabilitation in retrograde : preventing the publication of children's names after the age of 18
dc.type Mini Dissertation


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