Masters Degrees (Private Law)

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Browsing Masters Degrees (Private Law) by browse.metadata.advisor "Human, Sonia"

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    A child’s right to basic education during the Covid-19 pandemic : a comparative analysis and evaluation of the impact of Covid-19 on the South African education system, and the effectiveness of the nation’s legal response in protecting a child’s right to education
    (Stellenbosch : Stellenbosch University, 2023-03) Padachey, Denisha; Human, Sonia; Stellenbosch University. Faculty of Law. Dept. of Private Law.
    ENGLISH SUMMARY : It has long been accepted that a child’s right to education is of vital importance as it not only enables them to participate and function in society but enables the realisation of their human rights and fundamental freedoms. Since the onset of the Covid-19 pandemic, the education sector faced numerous disruptions and learners were prevented from physically accessing their schools. The Covid-19 pandemic and the ways in which jurisdictions were forced to respond had and continues to have severe impacts in terms of the existing and new forms of inequalities in relation to children and their right to education. The focus of this thesis is therefore a child’s right to basic education in light of the Covid-19 pandemic, with specific reference to the South African situation. This research thus aims to identify whether the legal responses in terms of the legislation, policies, regulations and mechanisms which have been introduced and implemented in South Africa during the Covid-19 pandemic, protected a child’s right to education or hindered the realisation a child’s right to education. It is argued that a one-size fits all solution cannot apply in situations of emergency such as the Covid-19 pandemic. This thesis therefore unpacks each respective nations obligations in respect of the right to education, as well as the status of education and educational attainment in each jurisdiction prior to the outbreak of the Covid-19 pandemic. Moreover, in order to determine how a child’s right to education has been impacted and whether the legal responses introduced were effective and protected a child’s right to education, this thesis shall make use of a comparative analysis approach wherein the situation in South Africa shall be compared to that of the United States of America, the United Kingdom, Italy and Nigeria. This will be done by analysing the legal responses of each jurisdiction utilising the 4 ‘A’ approach, and taking into consideration their national, regional and international obligations in respect of a child’s right to education. This research further explores whether the legal responses and mechanisms implemented in other jurisdictions are flexible and whether they can be successfully implemented in South Africa. Finally this thesis sets out recommendations in order to respond to the challenges which arose and continue to arise in education due to the Covid-19 pandemic and the subsequent legal responses.
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    Realising children’s right to participation during the divorce proceedings of parents
    (Stellenbosch : Stellenbosch University, 2021-12) Prinsloo, Marli; Human, Sonia; Stellenbosch University. Faculty of Law. Dept. of Private Law.
    ENGLISH ABSTRACT: To a child, the divorce of his or her parents is a traumatic and life-altering event. The divorce of parents and the proceedings related thereto have the potential to determine how various aspects of a child’s life, such as where they will live and go to school or how often they will have contact with the parent with whom they do not live, will develop. Based hereupon it is safe to say that a child’s parents’ divorce and related proceedings can greatly affect a child. In terms of article 12 of the United Nations Convention on the Rights of the Child, article 4(2) of the African Charter of the Rights and Welfare of the Child as well as sections 10 and 31(1) of the Children’s Act 38 of 2005, a child, who is capable to do so, has the right to participate in matters that affect him or her by sharing his or her views and having these views considered. Despite having a clear and well-established right to participate in a matter that so deeply affects them, a child’s right to participate in their parents’ divorce related proceedings is often not realised. This thesis will evaluate the various methods of representation and direct participation employed to give effect to the child’s right to participation to determine to what extent the child’s right to participation is being realised or not realised. It is generally accepted that litigation is not the ideal way in which to resolve divorce and related proceedings, especially when children are involved. This thesis attempts to determine whether family mediation as model is better suited to realise a child’s right to participation in this particular context. It does so be placing family mediation as a model in contrast with the traditional legal processes that go hand in hand with divorce related litigation. To achieve the abovementioned, a model of measuring children’s participation is proposed. The proposed model highlights the shortcomings as well as the positive aspects of the various methods of children’s participation in South Africa. This exercise is repeated in the context of Australian divorce related proceedings in an attempt to compare and contrast the two jurisdictions. Finally, the model is also employed to measure mediation as a model to realise a child’s right to participation, in aid of determining whether mediation as a model is better suited to realise a child’s right to participation in his or her parents’ divorce related matters.