Childcare and Protection

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An analysis of the implementation of the child's right to be heard within the family environment in accordance with section 31 of the South African Children's Act 38 of 2005.
(2015) Zhekov, Ceridwen Emily Rose.; Bernard, Rowena Bronwen.
The United Nations Convention on the Rights of a Child 1989 has endowed children with the right to express their views in all matters that affect them. According to the Committee on the Rights of a Child this right extends to decisions that are made within the family environment. In keeping with its obligation under the Convention on the Rights of a Child, South Africa enacted section 31(1)(a) and (b) of the Children’s Act 38 of 2005 which deals exclusively with the child’s right to be heard within the family environment. Research has shown the importance and benefit of implementing the child’s right to be heard within the family environment. This dissertation provides an analysis of South Africa’s implementation of the child’s right to be heard within the family environment. The analysis is done in light of the relevant international and foreign law, and from this recommendations are drawn as to how South Africa can improve its implementation of the right.
An assessment of child marriage and its human rights implications on the girl child in Zimbabwe.
(2021) Muchineripi, Notebulgah.; Bernard, Rowena Bronwen.
No abstract provided.
Child labour: The sufficiency of international and domestic laws in protection for children against being used as domestic servants in Nigeria.
Emeka-Mgbemere, Verolyn Chinenye.; Bernard, Rowena Bronwen.
The future of a country is highly dependent on the children; hence the protection of children is important to various nations and the world. One such issue is the protection of children against child labour. The right of children against child labour is provided for in several international instruments which have been adopted as national legislation by countries. However, there is a sector that is seldom remembered and that is child labour in the informal sector. This study discusses child domestic work as a form of child labour. Its nature causes and effect on children. It examines relevant international conventions and national legislation of Nigeria to determine if the available laws protect children from child domestic work.It discusses the challenges to the implementation of the available laws and proffers possible solutions to combating child domestic employment in Nigeria.
Does South African law and policy consider the best interests of the child when sentencing parents?
(2021) Mbatha, Nqobile Zamashandu.; Bernard, Rowena Bronwen.
South Africa has a high number of children with incarcerated parents. A number of factors have been found to have contributed to this phenomenon, including retributive justice policies. These policies have without doubt impacted on family structure, and even though there are laws and legislation that make provision for the child’s best interests to be of paramount importance in all aspects concerning children, there is still a lot that needs to be done to address the issue of children with incarcerated parents. It is important that further research is conducted on the conceptions of incarcerated parents and the impact that has on children. This study focuses on determining whether South African law and policy adequately considers the best interests of children when sentencing their parents. Research into the law and policies in different countries was undertaken. Most findings indicate that different countries have adopted varying policies with regard to children’s best interests.
Forensic interviewing in child abuse cases : exploring best practices and methods for professionals.
(2017) Mabaso, Nondumiso Precious.; Bernard, Rowena Bronwen.; Mthembu, M.
Abstract not available.
The integration of orphans and vulnerable children into society: a case study of St Monica Children’s Home, Bluff.
(2022) Magumise, Blessing.; Bernard, Rowena Bronwen.
The integration of orphans and vulnerable children (OVC) into mainstream society has highlighted the inefficiencies of the orphanage system. Orphanages also known as child and youth care centres (CYCC), are devoted to taking care of OVCs that have been removed from their biological families due to the risks they faced. The study employed an exploratory qualitative research technique with the aid of the socio-legal research framework to depict the challenges that are faced by the OVCs during integration. The research made use of non-probability sampling techniques, in particular, purposive sampling to select participants for the interviews. Socio-Legal empirical research theory and Content analysis were employed to assess the information which was collected from the telephonic interviews. The research concludes that institutions are creating a dependency syndrome that makes it difficult for the OVCs to adjust to life outside the children’s homes. Unfortunately, the policies implemented to safeguard the lives of the OVCs in the institution does more harm than good. The OVCs are inadequately prepared for life after reunification. Reunification is a process whereby a child is transitioned back to his or her biological family. The reunification process is flawed making the OVCs vulnerable. The study depicted that post-institutional support provided by the Department of Social Development is ineffective. The study focused on the legal implications of the reunification process. It was evident that children are not capable to lead an independent life after reunification. They still feel the need to get assistance from the institutions they were once placed. The reunification process struggles to meet up with the promulgated best interest of the child principle provided in the Children’s Act. Social workers who have a responsibility to assist OVCs who are found to be in need of care and protection are overwhelmed with high caseloads and struggle to effectively reintegrate these children back into society.
Perceptions of caregivers about children’s participation in the Umkhosi WoMhlanga (reed dance) in the Nongoma District.
(2020) Mchunu, Fikile Ruth.; Bernard, Rowena Bronwen.
No abstract available.
Poverty and patriarchy as contributors to child sexual abuse.
(2019) Ramiah, Vanitha.; Bernard, Rowena Bronwen.
This research paper discusses the social and legal aspects of child sexual abuse in South Africa. Two significant contributors namely poverty and patriarchy are considered against a background of a paucity of information. In this regard, a comparative analysis is made between certain developed and developing countries. The legal aspects of child sexual abuse in South Africa are discussed and the relevant legislative provisions are evaluated and criticised in terms of their progressiveness. This research paper further discusses the pitfalls of the lack of medical evidence in establishing child sexual abuse and how this impacts on the prosecution of offenders. This paper concludes with recommendations that mitigate sexual violence against children with particular emphasis on prevention, where concerted efforts are required from both government and society in particular.
Provision of psychosocial care and protection services by home and community based care and support organisations.
(2020) Gumede, Zamanguni Genevieve.; Bernard, Rowena Bronwen.; Matthias, Carmel Rose.
Providing adequate care and support for OVC continues to be a significant challenge in South Africa. For the province of KwaZulu-Natal, the situation is even worse, with this province remaining the highest in HIV prevalence and incidence. Several initiatives have been undertaken to provide psychosocial support to orphaned and vulnerable children, including education, food, shelter, and counselling. This research study aimed to document what psychosocial care and support services are being provided to orphaned and vulnerable children (OVC) by home and community-based care and support organisations in the EThekwini Metro. The intention was to generate practical information that could be used to improve delivery of these services to OVC. Underpinned by a qualitative approach and descriptive design, the study utilised semi-structured, in-depth interviews to obtain data from a sample of two HCBC organisations in both urban and semi-rural settings. The two HCBC centres covered in this research have one common goal, and that is to provide care and support to OVC. Generally,caregivers in both HCBC organisations understood necessary PSS requirements, although low skills levels negated this. In respect of the psychosocial care and support programmes delivered, both organisations use innovative, low-cost methods, such as partnerships and resource sharing to deliver PSS services to OVC. Key challenges hindering the delivery of these services include a shortage of skills, financial constraints, and lack of cooperation from participating Departments. The critical needs of OVC were, among others, primary child care, protection against abuse, documentation, support, and nutrition. Overall, provision of psychosocial care and protection services to OVC in the participating HCBC organisations was relatively stable despite the lack of resources. The study makes some recommendations for practice, policy, and further research.
Reconciling child labour practices in South Africa with international standards : prospects and challenges.
(2015) Kannapathi, Sarah Mae.; Bernard, Rowena Bronwen.
Child labour proves to be a social and economic problem throughout the world. Millions of children around the world remain trapped in child labour, compromising their individual and collective futures. However, while child labour is a problem that affects children worldwide, it is a phenomenon that is of particular concern amongst developing countries. Research indicates that Sub-Saharan Africa still continues to be the region with the highest incidence of child labour. As a result of such concerns, the ILO has enacted various Conventions aimed at eradicating child labour globally. South Africa’s support of international conventions aimed at eradicating child labour implies a high degree of concern for the welfare of the child and is indeed laudable. Working children are subjected to extreme forms of exploitation. However, statistics relating to the extent of child labour leads one to question whether a one-size-fits-all approach can deal adequately with this complex issue in countries that differ fundamentally from the West with regards to their socioeconomic and cultural circumstances. For example, within traditional societies in South Africa, child work is viewed as part of ones socialization and development. In addition, given the socioeconomic circumstances within South Africa many children work in order to contribute to the survival of their families. Thus while acknowledging the negative effects of child labour on the development of the child, this dissertation stresses that in order to be effective, interventions on child labour should take into account the very circumstances that compel children to engage in child labour in South Africa. In this regard this dissertation argues that a child centered approach to child labour should be adopted. This approach is rigorously child centered, taking as its point of departure the child, how the child experiences work and what the child needs to survive and develop. A child centered approach will essentially make less use of minimum age laws, public sector inspection of workplaces, although these might still have a vital role to play. It instead relies more on mobilizational activities such as poverty reduction, advocacy campaigns, child participation and improvement of school accessibility. This dissertation concludes by arguing that ultimately a child centered approach will ensure that the best interest of the child is protected.

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Browsing Childcare and Protection by Author "Bernard, Rowena Bronwen."