Browsing by Author "Wakefield, Lorenzo"

Now showing 1 - 9 of 9
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    At the crossroads: linking strategic frameworks to address gender-based violence and HIV/ AIDS in Southern Africa
    (Community Law Centre, University of the Western Cape, 2007) Combrinck, Helene; Wakefield, Lorenzo
    In recent years, southern African governments have made a number of important commitments on international and regional levels to combat HIV/ AIDS. The subregion has also seen a number of strategic developments such as the drafting and implementation of the SADC HIV/AIDS Policy Framework for 2003-2007 and the appointment by the UN Secretary-General of a Task Force on Women, Girls and HIV/AIDS in Southern Africa.It is now generally accepted that the intersections between gender-based violence and HIV/AIDS are among the most significant of the gendered dimensions of this pandemic. It is noteworthy that the UN Special Rapporteur on Violence Against Women devoted her 2005 thematic report to these intersections. She observed that while some progress is being made separately on ending violence against women and on stemming the spread of HIV/AIDS, national and international efforts would be vastly more effective if they addressed the interconnectness between the two pandemics.
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    The CRC in South Africa 15 years on: does the new Child Justice Act 75 of 2008 comply with international children’s rights instruments?
    (Queens University, Belfast School of Law, 2011) Wakefield, Lorenzo
    Article 40 of the United Nations Convention on the Rights of the Child1 requires states parties to take appropriate measures to ensure that children accused of committing offences are treated in a manner that would ensure that their best interests are upheld. South Africa2 ratified the CRC in 1995, the provisions of which have influenced the children’s rights clause in its 1996 Constitution. Section 28(1)(g) of the Constitution stipulates that children may not be detained, except as a measure of last resort and, should they be detained, it should be for the shortest appropriate period of time. Section 28(1)(g) goes further to give domestic effect to the following guarantees stipulated in Article 40 of the CRC: (1) the right to be treated in a manner, and kept in conditions, that take account of the child’s age; and (2) to have a legal practitioner assigned to the child. Recently, SA has enacted its Child Justice Act 75 of 2008, which came into operation on 1 April 2010. The question to be covered in this article is whether this Act truly complies with the international standards set by the CRC (15 years after SA ratified it); the general comments by the United Nations Committee on the Rights of the Child 3 and other non-binding, yet persuasive instruments like the Standard Minimum Rules on the Administration of Juvenile Justice and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty. This article only examines four aspects of the Child Justice Act, being: criminal capacity; pretrial release and detention; diversion; and sentencing. It concludes that, but for a few technical aspects of the Child Justice Act, SA took significant steps to comply with its international obligations when it domesticated the CRC in relation to children who commit offences.
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    Dawn of a new decade? The 16th and 17th sessions of the African Committee of Experts on the Rights and Welfare of the Child
    (Juta, 2011) Wakefield, Lorenzo; Assim, Usang Maria
    The 16th and 17th sessions of the African Committee of Experts on the Rights and Welfare of the Child took place at the African Union Commission Headquarters in Addis Ababa, Ethiopia, in November 2010 and March 2011, respectively. This article provides an overview of these sessions, together with the Civil Society Organisations Fora that preceded these sessions. These sessions featured significant developments in the work of the Committee. The first relates to a new collaboration between a network of five non-governmental organisations and the Committee to promote the work of this treaty body. Secondly, the Committee delivered its first communication, finding against the government of Kenya in regard to the right to nationality (amongst other rights) of Nubian children in Kenya. These two activities are major highlights for the Committee in the execution of its mandate. It is argued that, despite the challenges faced by the Committee, it is at the threshold of a new era through which it may be established as a significant regional human rights treaty body.
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    Does the differential criterion for vesting parental rights and responsibilities of unmarried parents violate international law? A legislative and social study of three African countries
    (Cambridge University Press, 2011) Sloth-Nielsen, Julia; Wakefield, Lorenzo; Murungi, Nkatha L.
    The right to non-discrimination for all children is established in international human rights law. International children's rights law further provides for the common responsibility of parents for the maintenance of their children. African customary law and common law have always made a distinction between children born in and out of wedlock so far as the duty to maintain them is concerned. The resilience of this customary and common law approach is evident in statutory provisions of the countries discussed in this article. This is despite international obligations under children's rights treaties ratified by these countries. On the face of it, the distinction of responsibility based on marital status seems harmless. However, in view of gender inequities and resource distribution between men and women in society, such a distinction has serious implications for the rights of affected children.
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    Domesticating international standards of education for children with intellectual disabilities: a case study of Kenya and South Africa
    (Pretoria University Law Press, 2011) Wakefield, Lorenzo; Murungi, Nkatha L.
    International law approaches the right to education for children with disabilities in a rather generic way. This means that the rights of children with intellectual disabilities have to be gleaned from the general provisions of the conventions. In view of the centrality of intellectual capacity in the context of education, it is imperative to decipher the import of the right to education for children with intellectual disabilities. For this purpose, this chapter explores the content of international law on the right to education of children with intellectual disabilities. It uses two case studies to assess the approach of African states to the domestication of the obligations in this regard. Kenya and South Africa have both ratified the CRC, ACRWC and the CRPD. Further, Kenya has ratified and South Africa signed the International Covenant on Economic, Social and Cultural Rights (CESCR).
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    Going the extra mile: police training on domestic violence
    (Institute for Security Studies, 2010) Combrinck, Helene; Wakefield, Lorenzo
    As anticipated by the drafters of the Domestic Violence Act (DVA), the South African Police Service holds the key to the successful implementation of the Act. Over the past ten years, researchers and independent bodies tasked with monitoring the implementation of this legislation have consistently called for more training for police officials on how to deal with domestic violence. However, the reality is that police officials already receive such training. The question that therefore arises is why these training programmes appear to be ineffective in ensuring compliance with the DVA. A recently completed research and advocacy project found that although the majority of SAPS members interviewed had a basic understanding of the DVA and its key concepts, their ability to apply its provisions in practical problemsolving scenarios was often limited, leading to the recommendation that training methodologies should be more practice-oriented if they are to improve DVA compliance.
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    Is the Act working for children? The first year implementation of the Child Justice Act
    (Institute for Security Studies, 2011) Wakefield, Lorenzo
    The Child Justice Act 75 of 2008 mandates the Minister of Justice and Constitutional Development to report annually on the implementation of the Child Justice Act to the Parliamentary Portfolio Committee on Justice and Constitutional Development. On 1 April 2011 a year had passed since the implementation of the Child Justice Act. This article interrogates the annual report presented to parliament on the first year of implementation of the Act, and concludes that it is not possible to accurately assess whether the Child Justice Act was implemented fully during the year, as the statistics provided in the annual report by different departments are unclear and incomparable. The article also reflects those aspects of the Act that have been implemented.
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    Is the Act working for children? The first year of implementation of the Child Justice Act
    (Institute for Security Studies (ISS), 2011) Wakefield, Lorenzo
    The Child Justice Act 75 of 2008 mandates the Minister of Justice and Constitutional Development to report annually on the implementation of the Child Justice Act to the Parliamentary Portfolio Committee on Justice and Constitutional Development. On 1 April 2011 a year had passed since the implementation of the Child Justice Act. This article interrogates the annual report presented to parliament on the first year of implementation of the Act, and concludes that it is not possible to accurately assess whether the Child Justice Act was implemented fully during the year, as the statistics provided in the annual report by different departments are unclear and incomparable. The article also reflects those aspects of the Act that have been implemented.
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    Training for police on the Domestic Violence Act
    (Community Law Centre, University of the Western Cape, 2009) Combrinck, Helene; Wakefield, Lorenzo
    The inadequate or inappropriate police responses to domestic violence often result from a lack of knowledge of the Domestic Violence Act (DVA) and the National Instruction or from a misinterpretation of the DVA’s provisions. In the interviews undertaken, the central question asked was: ‘Do current training programmes provide SAPS members with the knowledge and skills required to apply the DVA and National Instruction in practice?’ It appeared from the interviews that the majority of the research participants had a basic awareness of the DVA and the National Instruction. However, when it came to the practical application of knowledge in a ‘problem-solving’ scenario, it was notable that the majority of interviewees experienced difficulties when multi-faceted variables were included. It was recommended that more members need training on the DVA, and more frequent and/or more in-depth courses should be offered. Furthermore it was recommended that special attention be devoted to training on domestic violence during the basic six months’ training for new students.