Prof. Julia Sloth-Nielsen

Permanent URI for this collection

https://hdl.handle.net/10566/1713

Position:	Professor
Department:	Public Law and Jurisprudence
Faculty:	Faculty of Law
Qualifications:	BA - University of Stellenbosch, 1979
	LLB – University of Stellenbosch, 1981
	LLM in Criminology – University of Cape Town, 1987
	LLD - University of the Western Cape, 2001
	Research publications in this repository
More about me:	here, here and here
Tel:	021 959 9466
Email:	jsloth-nielsen@uwc.ac.za

Browse

Now showing 1 - 20 of 34

Islamic kafalah as an alternative care option for children deprived of a family environment
(Juta Law, 2014) Sloth-Nielsen, Julia; Assim, Usang Maria
The inclusion of kafalah of Islamic law in the United Nations Convention on the Rights of the Child is the first time an exclusively Islamic concept is recognised in a binding international instrument. The drafting of CRC was set against the background of compromise as it relates to the provision of alternative care for children deprived of a family environment. Islamic kafalah represents one of such compromises in an attempt to accommodate the differences of the various state parties to CRC. However, many scholarly works on children’s rights refer to Islamic kafalah only within the context of its ‘discovery’ during the drafting process of CRC and, as such, the meaning, extent and practice of kafalah, as an alternative care option for children deprived of parental care, has not been the subject of much study. This is unlike the case with other forms of alternative childcare like foster care and adoption. Other studies more focused on Islam and human rights refer to kafalah only within the broader context of discussing the links and divergences between Islamic law and human rights, or children’s rights more specifically. This article specifically focuses on kafalah as an alternative care option for children deprived of a family environment in comparison with other forms of alternative childcare. The extent to which kafalah is internationally recognised and practised is also addressed. A number of themes are analysed in the article, including what the concept of kafalah entails, what its legal implications are, what factors distinguish it from other forms of alternative care, and what the international dimensions to kafalah are in relation to the subject of intercountry adoption. In light of all these questions, an understanding of kafalah will contribute to international children’s rights jurisprudence in the context of child care and protection.
Cluster foster care: a panacea for the care of children in the era of HIV/Aids or an MCQ?
(Stellenbosch University (SUNJournals), 2010) Gallinetti, Jacqui; Sloth-Nielsen, Julia
The ravages wrought by HIV/AIDS on child-care arrangements in the African context are well documented (Richter & Sherr, 2009; Sloth-Nielsen & Mezmur, 2008; Tsegaye, 2007; sources cited there). Notably, these constitute the breakdown of traditional kinship structures which would ordinarily have accommodated orphans and other vulnerable children, a decrease in the capacity of existing extended family structures to care for the numbers of children requiring alternative care, and the emergence of child-headed households. The topic of child-headed households, too, has emerged as a key concept in international child rights law (Couzens & Zaal, 2009; Sloth-Nielsen, 2004; Sloth-Nielsen in Skelton & Davel, 2010; UN Committee on the Rights of the Child (UNCROC), General Comment No. 3 on HIV/ AIDS and the rights of the child, 2003), and this phenomenon has been directly related to the onset of the pandemic.
Regional frameworks for safeguarding children: The role of the African Committee of Experts on the Rights and Welfare of the Child
(MDPI, 2014) Sloth-Nielsen, Julia
This article discusses the safeguarding movement in the context of child protection. After providing it’s key principles and precepts, the relevant provisions of the African Charter on the Rights and Welfare of the Child which link to safeguarding are stipulated, as well as a brief description given of the mandate of the African Committee of Experts on the Rights and Welfare of the Child. Some aspects of the practical working methods of the Committee are thereafter considered. With reference to the Committee’s interface with non-governmental organisations, some proposals concerning the Committee and the safeguarding movement are put forward.
Deprivation of children's liberty 'as last resort' and 'for the shortest period of time': how far have we come? And can we do better?
(Juta Law, 2013) Sloth-Nielsen, Julia
Commencing with a brief historical overview of detention of children in South Africa, and legislative attempts to curb its use, this article reviews all forms of deprivation of liberty under the Child Justice Act 75 of 2008 and attempts to assess at a practical level whether - or not - progress is being made in the quest for the minimal use of deprivation of liberty.
A preliminary appraisal of the normative gains for children’s rights in the Angolan Children’s Act (act 25/12 of 22 August 2012)
(Jordan Publishers, UK, 2013) Sloth-Nielsen, Julia; Mandlate, Aquinaldo
The United Nations Convention on the Rights of the Child (UNCRC) represents the most significant step towards the advancement of children’s rights globally. Article 4 of the UNCRC requires states to take concrete measures to ensure the harmonisation of laws relating to children with the Convention’s substantive provisions, including legislative and administrative measures. A similar duty prevails under the regional treaty, the African Charter on the Rights and Welfare of the Child (ACRWC). Angola is the most recent example of an African country which has enacted a children’s statute to bring domestic law in line with international law requirements. The traditional link between children’s rights and family law is evident in many UNCRC and ACRWC requirements. These include: the child’s right to know and be cared for by both parents who shall bear responsibility for the upbringing and development of the child (UNCRC, art 18(1) and ACRWC, arts 19 and 20); the child’s right not to be separated from his or her parents against their will unless so determined by competent authorities (UNCRC, art 9(1); ACRWC, art 19(2)); the right of a child who is separated to maintain personal relations and direct contact with both parents (UNCRC, art 9(2); ACRWC, art 19(3)), and the child’s right to protection from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation including sexual abuse, whilst in the care of parents, legal guardians or any other person who has the care of the child (UNCRC, art 19(1); ACRWC, art 16(1)).
The jurisdiction of the Regional Courts Amendment Act, 2008: some implications for child law and divorce jurisdiction
(Faculty of Law, University of the Free State, 2011) Sloth-Nielsen, Julia
The promulgation of the Jurisdiction of the Regional Courts Amendment Act, 31 of 2008 (hereafter the JRCAA) in 62 large urban magisterial districts on 9 August 2010 (Women's Day) heralds a potentially drastic transformation of the practice of civil procedure in South Africa. This article focuses on its implications for family law and, especially, child law proceedings. The various dimensions of jurisdictional reform are first explained with reference to the Children's Act 38 of 2005 and the JRCAA, whereafter their import is analysed. It will be questioned whether the provisions of the JRCAA were drafted with sufficient care, and why no reference was made to the provisions of the Children's Act 38 of 2005. The potential difficulties occasioned by the new jurisdictional rules will be described. In conclusion, comments are made about the positive and less positive aspects of the JRCAA, and suggestions for reform are provided.
Protecting orphans and vulnerable children in Lesotho: an assessment of the Children’s Protection and Welfare Act, 2011
(Jordan Publishers, UK, 2014) Sloth-Nielsen, Julia
INTRODUCTION: This chapter reviews specific aspects of the Children’s Protection and Welfare Act 2011 of Lesotho, insofar as they pertain to the situation of orphans and vulnerable children. The chapter commences with a brief outline of the context in which the legislation was adopted, including a brief overview of relevant country data. The substantive aspects of the Act pertaining to orphans and vulnerable children are thereafter discussed. Notably provisions relating to non-discrimination, to health, to registration of orphans and vulnerable children, to protection of surviving children’s property and provisions concerning fostering and adoption are featured. Finally an overall assessment of the scheme of the Act in addressing the plight of orphans and vulnerable children is given.
Modern African childhoods: does Law matter?
(Oxford University Press, 2012) Sloth-Nielsen, Julia
INTRODUCTION: This paper poses a question often aimed at lawyers, especially when they straddle a culturally diverse and contested terrain of human experience, such as the role of children and families in society: does law matter? The question is all the more pertinent in African contexts, due to the pervasive poverty, prevalence of practices harmful to children, and perceived inability of weak states to put legislative intentions into effect.
Inter-country adoption from a Southern and Eastern African perspective
(Washington & Lee Law School, Virginia, 2010) Sloth-Nielsen, Julia; Mezmur, Benyam Dawit; Van Heerden, Belinda
This 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.
Section 54: Obligation to report commission of sexual offences against children or persons who are mentally disabled
(Juta Law, 2011) Sloth-Nielsen, Julia
INTRODUCTION: The duty to report the knowledge of the commission of sexual offences against certain vulnerable victims is newly provided for in this section of the Criminal Law (sexual Offences and Related Matters) Amendment Act. It draws inspiration from two prior reporting obligations related to the reporting child abuse and neglect: the first encapsulated in the Child Care Act 74 of 1983, now repealed in toto by the Children's Act 38 of 2005 (as amended); and the second provided for in s 4 of the Prevention of Family Violence Act 133 of 1993. The latter section, which was not repealed by the coming into operation of the Domestic Violence Act 116 of 1998, has also been replaced by the coming into operation of the Domestic Violence Act 116 of 1998, has also been replaced with the Children's Act 38 of 2005, which came fully into force on 1 April 2010.
Surrogacy, South African style
(International Bar Association Legal Practice Division, 2013) Sloth-Nielsen, Julia
This article reviews the Act’s provisions concerning surrogacy and raises some questions for consideration.
Incy wincy spider went climbing up again – prospects for constitutional (re)interpretation of section 28(1)(c) of the South African Constitution in the next decade of democracy
(Nelson R Mandela School of Law, University of Fort Hare, 2007) Sloth-Nielsen, Julia; Mbazira, Christopher
INTRODUCTION: This article reviews the first decade of jurisprudence concerning interpretation of the rights enumerated in s 28(1)(c) of the Constitution of South Africa (the Constitution), commonly referred to as the children’s socio-economic rights clause. Three broad trends are identified, which in the main have resulted in a far more limited scope of application of these rights than was originally anticipated. In addition, affirming existing jurisprudence in relation to socio-economic rights generally, dicta of the Constitutional Court signal clearly that the Court is not going to be persuaded to accept or define a minimum core content to elaborate the scope of individual socio-economic rights a d the concomitant extent of the State obligations in respect thereof .
Seen and heard: new frontiers in child participation in family law proceedings in South Africa
(Nelson R Mandela School of Law, University of Fort Hare, 2009) Sloth-Nielsen, Julia
This article examines the principle of child participation in a legal context, focusing first on the international and constitutional law framework, and thereafter on the principle as it has permeated the South African Children’s Act. Next, a brief examination of the application of the principle in practice and case law is provided, with the focus on family law and related proceedings. The concluding section of the article assesses the new challenges and potential changes posed by the increasing acceptance of the principle that children be allowed to express their views in matters affecting their interests in family law proceedings.
A short history of time: charting the contribution of social development service delivery to enhance child justice 1996-2006
(University of Stellenbosch, 2007) Sloth-Nielsen, Julia
By charting the contribution of social development service delivery to enhance child justice in South Africa from 1996 to 2006, this article argues that the contribution of the social development sector to child justice has been substantial. It describes a range of developments in relation to assessment, diversion, pre-trial incarceration, the residential care system and probation. It is concluded that although the Child Justice Bill has not been finalised in the South African Parliament, social welfare services to children in trouble with the law have expanded to the extent that there has been a developmentally appropriate and more progressive child justice system.
Relocation decisions: do culture, language and religion matter in the rainbow nation?
(Centre for Family Law and Practice, London Metropolitan University, 2010) Albertus, Latiefa; Sloth-Nielsen, Julia
This article turns to culture, language and religion as constitutional constructs in South Africa, in an attempt to clarify their importance generally. The position prior to the Children’s Act is discussed. The article reviews available case material, and legal criteria and practical trends are drawn from this. The threads drawn from this are pulled together to provide some insight into contemporary judicial views in South Africa on the influence of culture, language and religion in the field of relocation disputes.
South Africa, the arts and youth in conflict with the law
(Intellect, 2007) Sloth-Nielsen, Julia; Woodward, Sheila C.; Mathiti, Vuyisile
This paper describes the DIME (Diversion into Music Education) youth intervention program that originated in South Africa in 2001. DIME offers instruction in African marimba and djembe bands to juvenile offenders. Conceived as a community collaboration among organizations in the cities of Cape Town, SA and Tampa, USA (including the University of the Western Cape and the University of South Florida), DIME offers a unique example of community music and multicultural music education.
Race, class and restorative justice: achilles heel, glass ceiling or crowning glory
(Juta Law, 2004) Sloth-Nielsen, Julia; Gallinetti, Jacqui; Redpath, Jean
This article reports on a research project aimed at assessing the impact of race and class disparity in restorative justice processes in South Africa. It was conducted against the backdrop of the inclusion of family group conferencing and restorative justice policy in the Child Justice Bill 49-2002 and in various governmentally supported initiatives. All known facilitators who had convened family group conferences in the preceding year were requested to complete a questionnaire and to report on specific cases in which a family group conference had been held where victims and offenders were from different class or racial backgrounds. Six of the returned case studies are detailed in the article. The authors conclude that, while inter-race and inter±class restorative processes occur less frequently than might be predicted, the fact of these differences is not necessarily an impediment to success. However, numerous other factors, including language differences and transport difficulties, can limit the effectiveness of this method of resolution of criminal justice disputes.
The constitutional family: developments in South African family law and jurisprudence under the 1996 Constitution
(Oxford University Press, 2003) Sloth-Nielsen, Julia; Van Heerden, Belinda
The article reviews the process of liberalization of child and family law that has occurred since the adoption of South Africa's 1996 Constitution. Although the Constitution does not expressly protect the right to family life, the principles of dignity, equality and concern for the vulnerability of marginalized groups in society have heralded a wide‐ranging revision of the legal meaning of family, of how the law should protect family members, and is reshaping the understanding of relationships between family members (including children). Developments in areas such as domestic violence, custody allocation upon divorce, the growing recognition of same sex partnerships, religious and customary marriages, and the rights and status of illegitimate children in both civil and customary law are discussed. The article suggests that these piecemeal judicial and statutory reforms may result in a potentially dangerous proliferation of legally recognized family forms. At the same time, the difficulties of multiculturalism and religious diversity in the family law arena in South Africa are highlighted.
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.
Of newborns and nubiles: some critical challenges to children's rights in Africa in the era of HIV/AIDS
(Brill Academic Publishers, 2005) Sloth-Nielsen, Julia
The international legal framework within which HIV/Aids issues should be addressed Both the UN Convention on the Rights of the Child (1989) and the regional charter for the protection and promotion of children's rights, the African Charter on the Rights and Welfare of the Child (1990), are silent on the issue of HIV/Aids directly. Nor is this particularly surprising - both were formulated before the impact of the epidemic began to be felt in the developing world, and before the implications of the disease for children could be fully understood. The most substantive elaboration of principle concerning the issues relevant

Browse

collection.page.browse.recent.head