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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Intrusive care and protection assessments: when should children have a right to say 'no'?
Authors:Matthias, Carmel R.ISNI
Zaal, F. Noel
Year:2011
Periodical:South African Journal on Human Rights (ISSN 0258-7203)
Volume:27
Issue:3
Pages:381-397
Language:English
Geographic term:South Africa
Subjects:children's rights
children
courts
legal procedure
External link:https://doi.org/10.1080/19962126.2011.11865022
Abstract:In care and protection cases State representatives frequently require children to undergo physical, psychological or other examination. The purpose is usually to assess likelihood of future harm from causes such as abuse or neglect. Such assessments may derive useful evidence, and this may be particularly valuable where children's court litigation is envisaged. However, from a children's rights perspective there are some difficulties that have not been sufficiently addressed in South Africa. Children may in some cases experience assessment processes as highly demeaning and invasive forms of secondary systemic abuse. The international evidence also shows that inadequate or inappropriate forms of assessment are often utilized. Particularly where children are without proper legal representation, incorrect assessments may carry undue weight in court. The authors show that current South African legislation in the form of the Children's Act 38 of 2005 and regulations falls far short of what is required when measured against a children's rights standard. They recommend amendments that will support children's ability to participate meaningfully in decision-making about care and protection assessments. Notes, ref., sum. [Journal abstract]
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