The implications of varying statutory minimum age thresholds for child consent in respect of minors granted majority status through civil marriage in South Africa
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Date
2018
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Intersentia
Abstract
South Africa is a young constitutional democracy and developing country.
Its main national laws protecting children, namely, the supreme Constitution
19961 and the comprehensive Children's Act 20052 based on its provisions, are
internationally acclaimed for their progressive nature. South Africa is also a
state party to the main international and regional human rights instruments
protecting women and children, namely, the UN Women's Convention, the
CEDAW 1979;3 the UN Children's Convention, the CRC 1989;4 and the
African Childrens Charter, the ACRWC 1990.' It has ratified these instruments
without any reservations and therefore has a legal obligation to apply their
provisions to its national laws. However, although there is a commitment in the
Constitution 6 to do so, the rights contained in its Bill of Rights may also be
subject to limitation.
Description
Keywords
Civil marriage, Minors, South Africa, Threshold, Child consent
Citation
Najma, m. (2018).The implications of varying statutory minimum age thresholds for child consent in respect of minors granted majority status through civil marriage in South Africa. INT'l Surv. FAM. L. 493