Protecting the rights of children in conflict with the law in South Africa: the Law versus the Practice
| dc.contributor.advisor | Mubangizi, John | en_ZA |
| dc.contributor.author | Leeuw, Tembisa | en_ZA |
| dc.date.accessioned | 2025-06-23T14:37:32Z | |
| dc.date.available | 2025-06-23T14:37:32Z | |
| dc.date.issued | 2024 | en_ZA |
| dc.description | Thesis (LL.D.(Laws in Constitutional Law and Philosophy))--University of the Free State, 2024 | en_ZA |
| dc.description.abstract | This study examines the protection of children's rights in conflict with the law in South Africa, highlighting the discrepancies between legal provisions and practical implementation. It acknowledges that children, defined as individuals under 18, possess varying degrees of cognitive maturity and are often influenced by their environments, which may lead to unlawful behaviour. Despite constitutional guarantees and international standards aimed at safeguarding their rights, significant challenges remain in their treatment within Child and Youth Care Centres (CYCCs). The research explores historical contexts, the evolution of child justice policies, and the conditions faced by children in detention, emphasising the need for humane treatment and rehabilitation. It investigates the roles of various stakeholders, including Child and Youth Care Workers (CYCWs), in ensuring that children's rights are honoured and their developmental needs are met. Through a critical analysis of existing frameworks and practices, this study aims to identify gaps and propose recommendations for enhancing the protection and rehabilitation of children in conflict with the law, ultimately advocating for a more rights-based approach in the South African legal system. South Africa's population includes a significant number of children, many of whom encounter the law. The Constitution emphasises children's rights, particularly those in conflict with the law, but implementation remains a challenge. Historical context highlights the transition from punitive measures to a focus on rehabilitation. Despite constitutional protections, many face inadequate treatment in detention settings. CYCCs aim to rehabilitate children awaiting trial or sentencing but often fall short in providing safe environments. Issues include overcrowding and inadequate psychological support, leading to further rights violations. CYCWs play a crucial role in supporting the development of children in care. Their responsibilities include providing emotional and psychological support, but challenges persist in their training and resources. The key legislative frameworks safeguarding children’s rights include the Child Justice Act and the Children's Act, which align with international human rights standards. However, gaps exist between legislation and practice, leading to continued human rights violations. | en_ZA |
| dc.identifier.uri | http://hdl.handle.net/11660/13101 | |
| dc.language.iso | en | |
| dc.publisher | University of the Free State | en_ZA |
| dc.rights.holder | University of the Free State | en_ZA |
| dc.title | Protecting the rights of children in conflict with the law in South Africa: the Law versus the Practice | en_ZA |
| dc.type | Thesis |