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Title: | From Rights to Responsibilities? An Overview of Recent Developments Relating to the Parent/Child Relationship in South African Common Law |
Author: | Clark, Brigitte |
Year: | 2002 |
Periodical: | The Comparative and International Law Journal of Southern Africa |
Volume: | 35 |
Issue: | 2 |
Pages: | 216-235 |
Language: | English |
Geographic term: | South Africa |
Subjects: | children's rights family law Law, Legal Issues, and Human Rights Cultural Roles Family Life Marital Relations and Nuptiality Women and Their Children |
Abstract: | This article examines the parent/child relationship in South African law in the light of recent legal developments in this country. It further assesses the influence of international conventions and the constitutionalization of children's rights on South African jurisprudence in this regard. The article further places the developments in South African child law within an international context with particular reference to developments in the law relating to parental authority and guardianship and developments in the law relating to corporal punishment and domestic violence. Children's rights to autonomy in medical decisionmaking are also analysed with special reference to recent proposals for changes by the South African Law Commission in its Review of the Child Care Act. The article includes some discussion of the position of extra-martial children and their relationship with their parents and concludes with a brief discussion of the socioeconomic rights of many poverty-stricken children in South Africa, especially those who will be affected by the HIV/AIDS pandemic for whom there may well be no-one who assumes the role of parent. Notes, ref., sum. |