Browsing by Author "Martin, Nuhaar"

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    An analysis of the children’s act 38 of 2005: has it improved the position of unmarried fathers?
    (University of the Western Cape, 2025) Martin, Nuhaar
    The rights of unmarried fathers in South Africa have always been an issue of contention. In terms of legislation, the rights of biological mothers, married and unmarried, have always been seen as superior in comparison to the rights of unmarried fathers. Due to their biological capabilities, biological mothers automatically acquire responsibilities and rights towards their children at birth. The same can be said for fathers who were married to the biological mother at the time of birth. Unmarried fathers do not enjoy the same treatment as they must acquire these responsibilities and rights through the fulfilment of Section 21 of the Children’s Act 38 of 2005. This research paper critically analyses Section 21 of the Children’s Act 38 of 2005 to determine whether the differentiation amounts to unfair discrimination. It examines the various pieces of legislation which have been passed up until the enactment of the Children’s Act 38 of 2005 to determine whether true progress has been made. It further examines issues faced by the judiciary when determining the application of 21 of the Children’s Act 38 of 2005. It compares South African legislation concerning the responsibilities and rights of unmarried fathers with similar legislation of Uganda and the United Kingdom to determine where the South African legislature has fallen short and where it has improved.