Seen and heard: new frontiers in child participation in family law proceedings in South Africa

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Date

2009

Journal Title

Journal ISSN

Volume Title

Publisher

Nelson R Mandela School of Law, University of Fort Hare

Abstract

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.

Description

Keywords

Children, Child participation, Children’s rights, Family Law, South Africa

Citation

Sloth-Nielsen, J. (2009). Seen and heard: new frontiers in child participation in family law proceedings in South Africa. Speculum Juris, 23(2): 1-19