The constitutional family: developments in South African family law and jurisprudence under the 1996 Constitution

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dc.contributor.authorSloth-Nielsen, Julia
dc.contributor.authorVan Heerden, Belinda
dc.date.accessioned2014-02-02T19:16:08Z
dc.date.available2014-02-02T19:16:08Z
dc.date.issued2003
dc.description.abstractThe 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.en_US
dc.description.accreditationWeb of Scienceen_US
dc.identifier.citationSloth-Nielsen, J. & van Heerden, B. (2003). The constitutional family: developments in South African family law and jurisprudence under the 1996 Constitution. International Journal of Law, Policy and the Family, 17(2):121-146en_US
dc.identifier.issn1360-9939
dc.identifier.urihttp://hdl.handle.net/10566/989
dc.language.isoenen_US
dc.privacy.showsubmitterfalse
dc.publisherOxford University Pressen_US
dc.rightsCopyright Oxford University Press.
dc.source.urihttp://dx.doi.org/10.1093/lawfam/17.2.121
dc.status.ispeerreviewedtrue
dc.subjectFamilyen_US
dc.subjectConstitution of South Africaen_US
dc.subjectDomestic violenceen_US
dc.subjectIllegitimate childrenen_US
dc.titleThe constitutional family: developments in South African family law and jurisprudence under the 1996 Constitutionen_US
dc.typeArticleen_US

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Prof. Julia Sloth-Nielsen