Faculty of Law

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https://hdl.handle.net/10566/25

The Faculty of Law's principal research focus areas include human rights, local government law, criminal justice and prisons, and labour law.

Electronic theses and dissertations are available in the Electronic Theses and Dissertations Repository.

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Browsing by Author "Ackermann, Marilize"

Now showing 1 - 4 of 4
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    An assessment of South Africa's obligations under the United Nations Convention against torture
    (University of the Western Cape, 2010) Ackermann, Marilize; Gallinetti, Jacqui; NULL; Faculty of Law
    I attempt to analyze South Africa's legal position pertaining to torture, in relation to the international legal framework. Since it has been established that torture and cruel inhuman and degrading treatment (CIDT) usually occur in situations where persons are deprived of personal liberty, I examine legislation, policies and practices applicable to specific places of detention, such as correctional centres, police custody, repatriation centers, mental health care facilities and child and youth care centers. I establish that although South Africa has ratified the UNCAT and is a signatory to the OPCAT, our legal system greatly lacks in structure and in mechanisms of enforcement, as far as the absolute prohibition and the prevention of torture and other forms of cruel and degrading treatment or punishment are concerned. I submit that South Africa has a special duty to eradicate torture, since many of its citizens and several of its political leaders are actually victims of torture, who suffered severe ill treatment under the apartheid regime. I argue that the South African legal system is sufficiently capable of adopting a zero-tolerance policy toward torture and to incorporate this with the general stance against crime. In many respects, South Africa is an example to other African countries and should strongly condemn all forms of human rights violations, especially torture, since acts of torture are often perpetrated by public officials who abuse their positions of authority. I conclude by making submissions and recommendations for law reform, in light of the obstacles encountered within a South African context.
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    Survey of detention visiting mechanisms in Africa
    (Community Law Centre, University of the Western Cape, 2013) Ackermann, Marilize
    Mechanisms of detention oversight may refer to any number of activities or approaches which would result in the institution of detention being held accountable to the overseeing body. Such actions may include public reporting, the referral of cases for criminal investigation and prosecution, reporting by prison authorities to external bodies, dialogue between relevant authorities, the resolution of individual complaints and/or monitoring of conditions in prisons through on-site visits. Visits to places of detention by independent persons or bodies are regarded as a form of oversight which includes a wide range of activities and initiatives aimed at monitoring the executive. Ultimately, states need to examine critically the use of detention and imprisonment in the African context, for imprisonment is costly, not only at a monetary level, but also at a socio-economic level where unnecessary and excessive imprisonment can have lasting negative consequences for individuals, families and communities that extend well beyond the prison walls.
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    Unaccompanied and separated foreign children in the care system in the Western Cape – a socio-legal study
    (Academy of Science of South Africa, 2016) Sloth-Nielsen, Julia; Ackermann, Marilize
    This article reports on the findings of a study of foreign children accommodated in the care system in the Western Cape, based on fieldwork conducted in child and youth care centres. The objectives of the study were firstly to map and quantify the number and demographics of foreign children placed in all CYCCs across the Western Cape. Secondly, the study aimed to analyse the reasons for children's migration and the circumstances around their placement in residential care institutions in order to establish whether family reunification was possible or desirable. Thirdly, the study explores the sufficiency of efforts made to trace and reunify the children with their families, whether in South Africa or across borders, as the institutional placement of children should not only be a last resort but it should preferably be temporary whilst family-based solutions are sought. Lastly, the documentation status of the children in the study was examined. Recommendations emanating from the research conclude the study.
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    Women in detention in Africa: A review of the literature
    (Routledge, 2016) Ackermann, Marilize
    Women in prison in Africa experience compounded discrimination due to gender and poverty. Structural inequality results in women being poorly educated, having reduced access to economic resources and legal processes. Women often remain in pre-trial detention since they are unable to afford bail or fines. A significant number of women in prison are mothers and often, the sole or primary caregiver of children prior to detention. The true impact of female detention is felt by children who are imprisoned with their mothers, or who remain alone on the outside. In addition to the profound social and economic impact on families, women in prison are affected by a number of gender-related issues, including reproductive health needs, mental health disorders connected to prior experiences of violence, abuse and substance abuse, and heightened vulnerability to sexual abuse and harassment in detention. The literature review looks at the reasons for female imprisonment in a number of African countries, and explores the unique needs of women in detention, against the backdrop of the international detention framework, and particularly, the United Nations Rules for the Treatment of Women Prisoners and Non-Custodial Measures for Women Offenders (the Bangkok Rules).