2 + 2 = 5? Exploring the domestication of the CRC in South African jurisprudence (2002-2006)
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Date
2008
Journal Title
Journal ISSN
Volume Title
Publisher
Brill Academic Publishers
Abstract
South 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.
Description
Keywords
Constitution, CRC, Children's rights
Citation
Sloth-Nielsen, J. & Mezmur, B. D. (2009). '2 + 2 = 5? Exploring the domestication of the CRC in South African jurisprudence (2002-2006)". International Journal of Children's Rights, 16(1): 1-28