Department of Public Law and Jurisprudence
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Browsing by Author "Mezmur, Benyam Dawit"
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Item 2 + 2 = 5? Exploring the domestication of the CRC in South African jurisprudence (2002-2006)(Brill Academic Publishers, 2008) Sloth-Nielsen, Julia; Mezmur, Benyam DawitSouth Africa commenced transition to a constitutional democracy with the adoption of an interim constitution in 1994, followed by national elections based, for the fi rst time, on universal adult suffrage. A justiciable Bill of Rights, containing some rights accorded to children, was at the core of our new society based on values of dignity, equality and respect for the freedom and security of the person, in sharp contrast to the violence and legalised discrimination that had characterised the apartheid regime. T e two years that followed the adoption of the Interim Constitution were a period of intense negotiations by a multi-party constitutional assembly to fi nalise the text of a fi nal constitution, in accordance with the principles set out in the Interim Constitution. As has previously been pointed out (Sloth-Nielsen, 1996, p.326), there was a high degree of consensus amongst political parties about the children’s rights to be included, to the extent that four of the six party submissions supported the extension of the children’s rights clause, and indeed a number of additional rights were fashioned and ultimately adopted.Item A dutiful child: the implications of Article 31 of the African Children's Charter(Cambridge University Press, 2008) Sloth-Nielsen, Julia; Mezmur, Benyam DawitEach right has a corresponding duty. The African Children's Charter, under article 31, imposes a range of duties on children. Understandably, it could become contentious when an instrument on the rights and welfare of children expressly imposes duties on them. After setting the platform for discussion by highlighting international experiences and outlining the African concept of human rights, this article critically examines and attempts to clarify the precise meaning, content, conditions of compliance and application of those duties for children- By way of conclusion, it suggests that article 31 represents a valuable addition to the international human rights agenda, and that a purposeful interpretation of its constituent parts reveals that children should be required to play a role at family, community, national and continental levels, in accordance with their age and maturity as they grow up, as part and parcel of their heritage, empowerment and developing citizenship.Item An ice-breaker: state party reports and the 11th Session of the African Committee of Experts on the Rights and Welfare of the Child: recent developments(Juta Law, 2008) Sloth-Nielsen, Julia; Mezmur, Benyam DawitDuring its 11th session, the African Committee of Experts on the Rights and Welfare of the Child held its first Pre-Session for the consideration of state party reports. This update highlights the work of the Committee during this session. While little attention is paid to the proceedings of the 11th session, partly as a result of the fact that the session was short-lived (only three days, composed of open and closed sessions), the procedures for the Pre-Session, as well as the substance of the four reports that were discussed during the Pre-Session, occupy centre stage. In conclusion, it is argued that the whole exercise of the Pre-Session was an ice-breaker, and represents progress in its own right. In looking forward, the importance for the African Children's Committee to draw the necessary lessons from the four state party reports and to chart ways of strengthening the reporting regime is underscored. A number of tentative recommendations are made in this regard.Item (Illicit) transfer by De Gree(University of Western Cape, 2007) Sloth-Nielsen, Julia; Mezmur, Benyam DawitThe decision of the Supreme Court of Appeal (SCA) in De Gree v Webb [2007] SCA 87 (RSA) is worthy of consideration for a number of reasons, reasons which do not include the prominent (emotive) media attention devoted to the facts both before the appeal, and the ongoing publicity which occurred in diverse press and radio reports after judgment was handed down. This matter is reportedly further being considered for an appeal to the Constitutional Court. This, too, indicates both the public concern with, and vested interests in, the outcome of what was widely agreed, ultimately, to be an international adoption.Item Inter-country adoption from a Southern and Eastern African perspective(Washington & Lee Law School, Virginia, 2010) Sloth-Nielsen, Julia; Mezmur, Benyam Dawit; Van Heerden, BelindaThis paper reviews recent developments pertinent to inter-country adoption in Southern and Eastern Africa. In particular, it focuses on the tripartite roles of governments, the judiciary and the international community, including the international media. It argues that a concerted effort towards awareness-raising is required in order to harmonise the respective roles of the above players, and in order to better regulate the practice.Item Like running on a treadmill? The 14th and 15th sessions of the African Committee of Experts on the Rights and Welfare of the Child(Juta Law, 2010) Sloth-Nielsen, Julia; Mezmur, Benyam DawitThe 14th and 15th sessions of the African Committee of Experts on the Rights and Welfare of the Child were held in November 2009 and March 2010 respectively. The Committee has considered more reports and issued its first concluding observations. The continued engagement of the Civil Society Organisations Forum with the African Children's Committee offers an example of positive progress towards supporting the implementation of the African Children's Charter. The development of a relatively well thought-out strategic plan for the African Children's Committee's work for the period 2010 to 2014 (with a better level of participation from stakeholders) also offers an advance in the work of the Committee. Despite these, there remains some room for improvement in order to allow the African Committee to achieve its mandate of the promotion and protection of children's rights in Africa.Item Out of the starting blocks : the 12th and 13th sessions of the African Committee of Experts on the Rights and Welfare of the Child(Juta Law, 2009) Sloth-Nielsen, Julia; Mezmur, Benyam DawitThe 12th and 13th meetings of the African Children's Committee were held in November 2008 and April 2009 respectively. With the African Children's Charter entering its 10th year since entry into force, the real work of the African Committee is now beginning. With the consideration of the first country reports to the African Committee, the benefits of a regionally-specific child rights treaty has begun to become apparent. The recent establishment of a formal grouping of civil society organisations and individuals dedicated to furthering the regional influence of the African Children's Charter (first mooted in 2004!) comes at an opportune time. Despite some of the recurring shortcomings in the work of the Committee, it is hoped that the development of a strategic plan for the Committee's work for the period 2010 to 2014 will lay some of these concerns to rest.Item Surveying the research landscape to promote children's legal rights in an African context(Juta Law, 2007) Sloth-Nielsen, Julia; Mezmur, Benyam DawitThis article represents an initial attempt to identify research themes and topics of special relevance to the furtherance of children's rights in the African context in order to sharpen and strengthen our capacity to promote good practice and promising solutions. It surveys an array of possibilities for research to promote the implementation of children's rights in an African context. A number of theme areas are detailed, spanning from general legal reform processes and children's participation therein, to matters of social and economic policy in so far as they feed into the implementation and advancement of children's socio-economic rights. The article incorporates information from a number of different African jurisdictions, comparing and contrasting efforts at child reform in respect of children's rights.Item Win some, lose some: the 10th ordinary session of the African Committee of Experts on the Rights and Welfare of the Child(Juta Law, 2008) Sloth-Nielsen, Julia; Mezmur, Benyam DawitThe African Committee of Experts on the Rights and Welfare of the Child, the monitoring body of the African Charter on the Rights and Welfare of the Child, held its 10th ordinary session in October 2007. This discussion highlights the inertia of the Committee, exemplified by its failure to examine any of the state reports submitted to it. Some cause for optimism may be derived from the appointment of a permanent Secretary to the Committee.