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 The African children’s charter @ 30: A distinction without a difference?(Brill, 2020) Mezmur, Benyam DawitI would like to start with three recent concerning developments on children’s rights in Africa that the media has highlighted. First, in Somalia the draft Sexual Offences Bill that allowed child marriage has ruffled feathers (UN News, 11 August 2020). In Cameroon, a video of soldiers executing two mothers and their children that went viral in 2018 almost came to a full circle when a military court conducted behind closed doors convicted four soldiers to a mere ten years’ imprisonment (Human Rights Watch, 23 September 2020). In Nigeria too, the sentencing of a 13-year old boy for 10 years, ‘in a Sharia court in Kano State in Northwest Nigeria after he was accused of using foul language toward Allah in an argument with a friend’ (CNN, 16 September 2020) has drawn condemnation from organisations such as unicefItem Assessing the independence and credibility of the national prosecuting authority(University of the Western Cape, 2019) Williams, Juan-Pierre; Mezmur, Benyam DawitMembers of the National Prosecuting Authority (NPA) are required to be dedicated to the rule of law. Yet, recent and past decision-making has caused instability in the functioning of the NPA. The decision to prosecute or not to prosecute involves the exercise of discretion. The NPAs use of this discretion has been called into question on numerous occasions which has resulted in the erosion of its independence and credibility. There are constitutional and legislative provisions in place to guide prosecutors in the decision-making process which allows for a measure of accountability. However, the link between prosecutorial independence and accountability for decision-making is not clear when looking at recent and past decisions by the National Directors of Public Prosecutions. Therefore, an evaluation of the instability in the office of the National Director of Public Prosecutions during the period of 1998-2018 will be discussed. The research discusses the unwarranted intrusion on prosecutorial decision-making. Furthermore, external interfering has resulted in the loss of public confidence in the functioning of the NPA. The administrative duties of prosecutors are guided by constitutional and legislative procedures. Hence, the research will identify whether these procedures are efficient for the effective administration of the NPA. Key to the already mentioned will be providing recommendations on how to create stability in an institution that has been surrounded by instability for the past 20 years.Item The convention on the rights of the child, migration, and Australia: Repositioning the convention from being a ‘wish list’ to a ‘to do list’ the 2018 Australian human rights institute annual lecture(Routledge, 2019) Mezmur, Benyam DawitI was not terribly sure how many people I could reasonably expect for this lecture, especially since the former Prime Minister, the Hon. Tony Abbort, has said that Australians are sick of being lectured to by the United Nations ' (Cox 2015). Thank for your presence and for the opportunity. A few disclaimers are in order. first, I am a migrant. Second, this lecture does not intend to engage in detail with the laws, processes, structures, and so on of Australia but rather offers an outsider's view of the obligations in the Convention on the Rights of the Child(CRC or the Convention).Item “Don’t try this at home?”: Reasonable or moderate chastisement, and the rights of the child in South Africa with YG v S in perspective(SAFLII, 2018) Mezmur, Benyam DawitIn October 2017, in YG v The State, the High Court in Gauteng handed down a judgment that declared the common-law defence of “reasonable or moderate chastisement” unconstitutional. This article, while not a case comment, focuses on this case, and discusses some of the arguments highlighted by the defendant as well as one of the amici curiae in support of the reasonable chastisement defence. It also assesses the extent to which those arguments carry weight when assessed against the international human rights framework by which South Africa is bound. The recommendations that South Africa received from various human rights treaty bodies in relation to the prohibition of corporal punishment in the home setting takes centre stage. The article also draws on examples from foreign law, and offers an appraisal of a non-exhaustive list of substantive rights, namely, the best interests of the child, the equal protection of the law, as well as the right to freedom of religion or belief, in the context of corporal punishment in the home setting. A conclusion sums up the discussions, by underscoring that a judgment in the Constitutional Court that declares the common-law defence of reasonable chastisement as unconstitutional could serve as the touchstone for the possible expansion of the effective protection of the rights of children against all forms of violence in South Africa.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 Interception of communication by South African government agencies vis-a-vis the right to privacy: The law and the practice in light of the South African Constitution and the International Convention on Civil and Political Rights (ICCPR)(University of the Western Cape, 2017) Fesehaye, Natsinet Tesfaye; Mezmur, Benyam DawitThe right to privacy is recognised as one of the most important individual rights. It is considered to be central to the protection of one's human dignity. It also forms the basis of any democratic society. Furthermore, it is linked to other basic rights, including the rights to freedom of expression and of association.1 The right to privacy is contained and recognised in almost every constitutional bill of rights and major international and regional conventions.2 It is also guaranteed expressly in the Universal Declaration of Human Rights,3 the European Convention on Human Rights,4 the American Convention on Human Rights5 and a number of countries' constitutions.6 The Convention on the Right to the Child recognises the right to privacy of the child.7Item Invisible children: the rights of domestic child workers in South Africa(University of the Western Cape, 2023) Makosana, Isobel Nokuzola Zola; Mezmur, Benyam DawitThis research paper focuses on the violation of the rights of children aged 16–17 who are school dropouts and employed as domestic workers in South Africa. This is a violation of their rights and occurs in their employment in domestic work, which can be considered a worst form of child labour in third party households in South Africa. This type of work deprives these children of their rights to education, and family life, subjecting them, amongst others, to social isolation and long working ours. Children in these situations are not easy to identify as they are above the compulsory education age, as defined by the South African Schools Act of 1996. However, they are still considered to be children in terms of the Children’s Act of 2005 as well as the Constitution (2006) which defines a child as any person below the age of 18. The Children’s Act of 2005 also addresses child labour, observing it to have detrimental effects on children and their development, thus identifying all children as needing care and protection. Considering this aspect of the Children’s Act of 2005, this research paper scrutinises the role and obligations of the state regarding the protection of children who perform domestic work in third party households. Moreover, the study assesses the obligations of the South African government as a signatory of the UNs’ regional and domestic norms which protect the rights of children. The role of the state as the primary custodian for the advancement and protection of the rights of children is scrutinised particularly in terms of legislation and administration of related policies in pursuance of creating and promoting a child rights-based culture in South Africa. In addition, the ILO’s standards for decent employment for all and those specific to the employment of children are brought to bear in this research paper. The significant role of civil society organisations, the family, the community, and religious sector are brought to bear in terms of their assisting the state to meet its constitutional and global obligations, responsibilities, and commitments with regards to child domestic workers.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.