Childcare and Protection

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Children incarcerated with their mothers : a critique of the current age-based approach to the separation of children from their mothers.
(2012) Mazoue, Nicole.; Couzens, Meda Mihaela.
It is a worldwide phenomenon that, when mothers are imprisoned, their young children are allowed to accompany them. However, practices between different countries, and even within different prisons, vary greatly and there are arguments both for and against the incarceration of children with their mothers. Some argue that, without better alternative care options, these children benefit from the strong emotional attachment that develops because they spend so much time with their mothers. Others contend that prisons are not suitable environments for children to live and grow in. It is generally agreed that allowing young children to accompany their mothers in prison and separating them from their mothers, are both problematic. Most countries that allow young children to be incarcerated with their mothers set an upper age limit, after which time the child is removed. This reflects an assumption that from a certain age the adverse effects of a prison environment on the young child and its development outweigh the benefits of being with the mother. There is no empirical evidence on the optimum age of separation and it varies between countries. In South Africa, Section 20(1) of the Correctional Services Act 111 of 1998 (as amended by the Correctional Services Amendment Act 25 of 2008) determines that children may accompany their mothers in prison up until the age of two years, after which time they must be removed from the prison environment. For those children incarcerated with their mothers, this compulsory separation could constitute a violation of their right to family life. For these children there may come a stage when the issue of separation has to be dealt with, but it is at such times when a flexible approach to the age of separation is suggested. A flexible approach would require an individualised analysis of the child’s best interests. It is suggested that the potential for flexibility does exist in Section 20 of the Act. However, it is also submitted that since it is merely potential and not policy, prison authorities might have too much discretion in interpreting this section. This might result in a lack of uniform practices and some children might therefore be disadvantaged. The overall aim of this study is to critically examine the abovementioned piece of legislation in order to assess whether this approach is compatible with children’s rights and is in their best interests.
Complaints procedures for children in residential care : hearing the voices of children in South African care institutions, with brief comparative aspects.
(2016) Tabi, Felicity Besong.; Couzens, Meda Mihaela.
Hearing the voices of children in residential care by means of a complaints procedure has proven to be an important instrument in addressing children’s problems and ensuring their welfare and rights. Taking into account that children and youth, especially those in residential care or outside the parental home, are amongst the most vulnerable members of society (Representative for Children and Youth, 2010), supportive measures need to be instituted to help them become actively involved in social matters as they voice their concerns (Pancer, Pratt, Hunsberg & Alisat, 2007). In light of this South Africa and other countries have put measures in place in accordance with Article 12 of the 1989 United Nations Convention on the Rights of the Child (CRC), in order to hear children’s voices in residential care by means of complaints procedures for the purposes of enhancing their rights, protection and well-being. This study critically evaluated the implementation and effectiveness of the complaints procedure in South African residential care, compared with Kenya, Canada and the United Kingdom. The research problem concerned children’s right to be heard in residential care. The study’s objectives were to establish how listening to the voices of children in residential care helps improve the protection of their rights; what the South African legal framework requires in terms of listening to the voices of children in residential care; and what South Africa can learn from the experiences of other countries in this regard. The research questions were: What do the international standards require in terms of complaints procedures for children in residential facilities; what complaints procedures are available to children in residential care in South Africa; do the existing complaints procedures in South Africa meet the standards of the CRC and of the 1990 African Charter on the Rights and Welfare of the Child; and what can South Africa learn from Kenya, Canada and the United Kingdom in terms of the complaints procedures? The methodology was desk top research in which information and literature was sourced locally and internationally. Based on the research findings it was concluded that although South Africa had a complaints procedure in place, there were other issues that compromised efforts to effectively implement the legal provisions for the voices of children in care to be heard as presented in chapter four of the study.
Does international law protect children against recruitment into armed forces? : the case of Africa.
(2010) Kundishora, Elna.; Couzens, Meda Mihaela.
The involvement of children in conflict is not a recent phenomenon. The military use of children dates back to ancient times. The change of warfare and the advocating of the protection of children's rights within the global discourse context have taken the discourse on child and youth involvement in conflict out of the political and military context and placed it into one circumscribed by legal and moral concern. Since the late 1970s, a number of international instruments have been promulgated to limit the recruitment of child soldiers, but even though the numbers of children being recruited into armed forces have decreased, children continue to be deployed into armed forces, particularly in Africa. 'Loopholes', vagueness and inconsistencies in the treaties and the strengths and weaknesses of the enforcement and monitoring mechanisms have created legal uncertainty which have ultimately resulted in further injustice for the child. However, legal uncertainty is not per se the cause of recruitment continuing; the cause being more complex. Researches and treaties have failed to address the obstacles to the implementation of the relevant international law. The issue(s) of culture and child crossborder recruitment have served as obstacles to an effective protection of children against recruitment by international law.
An evaluation of the role of prosecutors in Lesotho's Children's Protection and Welfare Act No. 7 of 2011.
(2015) Shebe, Bothobile Mary.; Couzens, Meda Mihaela.
The prosecutor has a role that he/she should play in the administration of juvenile justice. International and regional instruments have set a framework for the establishment of the juvenile justice systems within the States Parties. Lesotho, like other members to the United Nations has a juvenile justice that has been recently reformed and reflected in the Children‟s Protection and Welfare Act. The study seeks to examine the role of the prosecutors in Lesotho‟s juvenile justice system as established by the CPWA. The requirements of international laws and standards on the role of prosecutors and historical evolution of the role of prosecutors in Lesotho will be discussed to identify the extent to which Lesotho has conformed to its objectives in the CPWA and internationally. The study argues that the limited role of prosecutors will cause the system of juvenile justice to be ineffective unless some amendments are made and policies are put in place to guide the role of prosecutors in performing their duties. The comparative study of the United States of America, the United Kingdom and the Republic of South Africa revealed that measures can be put in place to regulate the role of prosecutors in the juvenile justice system. The lessons that Lesotho can adopt have been identified and recommendations have been made.
Trafficking in children : effective solutions for African countries.
(2009) Binene, Bukasa.; Couzens, Meda Mihaela.
Trafficking in persons in general and in children in particular is a phenomenon that affects each and every country in the world. No African country is immune from trafficking, the quasi-totality of them are simultaneously countries of origin, transit and destination of trafficked children. They are trafficked internally or trans-nationally for all types of exploitations, such as sexual exploitation, labour exploitation, and removal of body parts. In spite ofjoint efforts by the international community to eradicate trafficking in children, research reveals that this modem form of slavery is a phenomenon on the rise instead of decreasing. The situation is more alarming on the African continent where most countries have not yet found appropriate solutions to the problem. Child trafficking is fought through prevention and criminalization. The former entails measures such as awareness raising and the alleviation of factors that make children vulnerable to trafficking and the demand that fosters all forms of exploitation of children. Criminalization measures tress the enactment of comprehensive anti-trafficking legislation, investigation and prosecution of traffickers and protection of child victims of trafficking. This dissertation evaluates the best solutions to prevent and eradicate child trafficking. It seeks to recommend practices which are effective for African countries by taking into consideration the continent's realities, such as resource limitations and underdevelopment.
Transformation of the Lesotho juvenile justice system since ratification of the Convention of the Rights of the Child,1989 : legislation and practice.
(2009) Ntlatlapa, Makhahliso Lydia.; Couzens, Meda Mihaela.
Lesotho ratified the United Nations Convention on the Rights of the Child 1989 (hereafter 'the CRC') in 1992. By virtue of ratification of the CRC Lesotho has undertaken to harmonise its national laws with the CRC provisions. This study looks into the transformation of the Lesotho juvenile justice system since the ratification of the CRC. Some of the provisions of the Children's Protection Act No. 6 of 1980 (hereafter 'the CPA') which established the Lesotho juvenile justice system are not fully compliant with the CRC. This study shows that some major topics in the current Lesotho juvenile justice such as the age of criminal responsibility, procedures in the children's court, legal representation and diversion do not meet the standards of the CRC. Further, the general principles of the CRC are inadequately applied. In order to address these inadequacies Lesotho has drawn the Children's Protection and Welfare Bill 2004 (hereafter ' the Bill' ). Some of the provisions of the Bill relevant to juvenile justice are analysed through the standards of the CRC. While the Bill still has some short falls, in the majority of provisions it sufficiently addresses gaps between the current juvenile justice system and the provisions of the CRC. The study concludes by arguing that the enactment of the Bill should not be delayed further. Professionals in juvenile justice should be trained. Further, some provisions of the Bill like designation of magistrates for the Children's Courts can be put into practice and the use of diversion and restorative justice continued. The CPA provisions which are compatible with the CRC should be used.

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Browsing Childcare and Protection by Author "Couzens, Meda Mihaela."