Nolan, Aoife; Skelton, Ann, 1961-(Oxford University Press, 2022-12)
The last three decades have seen an explosion of academic, advocacy and policy-maker interest in both the theory and the practice of children’s rights. There is a growing global body of strategic litigation focused on the ...
Magaya, Isabel E.K.; Fambasayi, Rongedzayi(Pretoria University Law Press, 2021)
This contribution provides an overview of children’s rights adjudication in
Zimbabwe with a specific focus on emerging jurisprudence under the 2013
Constitution. After a summary of Zimbabwe’s performance in
implementing ...
Tallarico, Renata; Ozah, Ronaldah Lerato Karabo; Orievulu, Kingsley S.(Women's Health and Action Research Centre, 2021-04)
The article assesses the legal and policy frameworks that have an impact on adolescents’ sexual and reproductive health rights (ASRHR) in East and Southern Africa (ESA), confirming the interconnectedness of the ages of ...
Bezuidenhout, Stefanie(University of Pretoria, 2020-10-30)
The Constitutional Court judgments of Teddy Bear Clinic for Abused Children and Another v Minister of Justice and Constitutional Development and Another 2014 (1) SACR 327 (CC) and Centre for Child Law and Others v Media ...
Phasha, Comfort Raisibe(University of Pretoria, 2020)
In Christian Education South Africa v Minister of Education, the Constitutional Court upheld the law that prohibited the use of corporal punishment in schools. The decision was primarily premised on protecting children ...
Skelton, Ann, 1961-(Pretoria University Law Press, 2019)
The South African Constitutional Court is often lauded for its application of
best interests in its judgments. This article acknowledges the positive
aspects of the Court’s approach, especially in the earlier cases, but ...
Ozah, Ronaldah Lerato Karabo(Pretoria University Law Press, 2019)
In December 2018, the Centre for Child Law hosted a conference under the theme “Imagining children constitutionally: 20 years of strategic litigation and advocacy”.
Educating a child with special needs or disability in Nigeria continues to raise concerns of a lack of quality. While education is provided for in the 1999 Constitution of Nigeria, it is seen as more of an obligation than ...
Skelton, Ann, 1961-(Temple University School of Law, 2016)
The good news of Roper v. Simmons1 reached South Africa immediately after the decision was handed down in 2005. Child justice advocates in South Africa read the judgment with great interest and saw the judicial nod of ...
Du Toit, Carina; Hansungule, Zita(Institute for Security Studies, 2015-12)
This case note reflects on the approach that should be adopted by sentencing courts when imposing sentences
on child offenders who turn 18 during proceedings. The Western Cape High Court recently considered the
application ...
In an early judgment of the Constitutional Court, S v Williams, Justice Langa
found that judicial whippings were unconstitutional because they violated
young offenders’ rights to dignity and humane treatment. Former ...
Van der Merwe, Annette; Skelton, Ann, 1961-(Oxford University Press, 2015-02)
This article explores the arguments for and against victims‟ mitigating opinions on
sentence. It describes a recent South African appeal case, compares it with a similar New
Zealand appeal court judgment, and then ...
Hansungule, Zita(University of Pretoria, Institute for Strategic Studies, 2014-12)
The Constitutional Court recently declared the Criminal Law (Sexual Offences and Related Matters) Amendment Act 2007 (Act 32 of 2007) unconstitutional in its requirement that the names of child offenders be automatically ...
In 2013 there are still thousands of children in South Africa attending dilapidated mud schools, schools
lacking sanitation, and schools without electricity. The situation took a positive turn in 2009 when the
government ...
The minimum age of criminal capacity in South Africa used to be seven years of age, one of the lowest in the world. The Child Justice Act raised that age from seven to 10 years, and retained the rebuttable presumption of ...
Ngidi, Karabo(Institute for Security Studies, 2013-09)
The Constitutional Court recently confirmed an order for the forfeiture of a house from which an
unlawful shebeen had been run for years (Van der Burg and Another v National Director of Public
Prosecutions).1 In deciding ...
Skelton, Ann, 1961-(Institute for Security Studies, 2013)
This case note considers the automatic review of child offenders’ cases. Adult offenders’ cases go on
‘review in the ordinary course’ in limited circumstances, but section 85 of the Child Justice Act aims to
provide ...
Skelton, Ann, 1961-(Pretoria University Law Press (PULP), 2013)
Hierdie artikel ontleed onlangse regspraak aangaande die reg op basiese onderwys. Die "vier A-skema", wat deur 'n voormalige spesiale rapporteur op onderwys van die Verenigde Nasies voorgestel is en deur die Komitee op ...