The balance between child autonomy and parental autonomy in Malawi; an analysis of the Child Care, Protection and Justice Act

 

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dc.contributor.advisor Chirwa, Danwood Mzikenge en_ZA
dc.contributor.author Mkandawire, Leona Temwa en_ZA
dc.date.accessioned 2018-05-07T14:23:03Z
dc.date.available 2018-05-07T14:23:03Z
dc.date.issued 2018 en_ZA
dc.identifier.citation Mkandawire, L. 2018. The balance between child autonomy and parental autonomy in Malawi; an analysis of the Child Care, Protection and Justice Act. University of Cape Town. en_ZA
dc.identifier.uri http://hdl.handle.net/11427/27993
dc.description.abstract For a long time children have been considered to be vulnerable persons, incapable of making rational decisions. As a result, decisions have been made for children by other people such as their parents or guardians. In most African societies, including Malawi, children remain largely voiceless and dependent on their parents who view their role mainly as being to protect children from their own actions and actions of other people. However, international law considers children as autonomous persons capable of making their own decisions. Thus, it requires states to recognise the autonomy a child although it also recognises that parents are free to raise children the way they want. Both the CRC and the African Children's Charter recognise children as bearers of rights and guarantee their right to take part in decisions that affect them. These treaties also recognise the principles of the best interests of the child, non-discrimination, and the child's right to life, survival and development. This thesis finds that while the best interests' principle has been domesticated under the Constitution, the other principles are not explicitly entrenched in the Constitution or under the Child Care, Protection and Justice Act. At best, they can be implied in other provisions of the Act. Overall, the Child Care, Protection and Justice Act leans towards enhancing the parental autonomy in child rearing and institutional protection of children rather than towards the emancipation of children in accordance with their evolving capacities. en_ZA
dc.language.iso eng en_ZA
dc.subject.other International Law en_ZA
dc.title The balance between child autonomy and parental autonomy in Malawi; an analysis of the Child Care, Protection and Justice Act en_ZA
dc.type Master Thesis
uct.type.publication Research en_ZA
uct.type.resource Thesis en_ZA
dc.publisher.institution University of Cape Town
dc.publisher.faculty Faculty of Law en_ZA
dc.publisher.department Department of Public Law en_ZA
dc.type.qualificationlevel Masters
dc.type.qualificationname LLM en_ZA
uct.type.filetype Text
uct.type.filetype Image
dc.identifier.apacitation Mkandawire, L. T. (2018). <i>The balance between child autonomy and parental autonomy in Malawi; an analysis of the Child Care, Protection and Justice Act</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Public Law. Retrieved from http://hdl.handle.net/11427/27993 en_ZA
dc.identifier.chicagocitation Mkandawire, Leona Temwa. <i>"The balance between child autonomy and parental autonomy in Malawi; an analysis of the Child Care, Protection and Justice Act."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Public Law, 2018. http://hdl.handle.net/11427/27993 en_ZA
dc.identifier.vancouvercitation Mkandawire LT. The balance between child autonomy and parental autonomy in Malawi; an analysis of the Child Care, Protection and Justice Act. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Public Law, 2018 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/27993 en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Mkandawire, Leona Temwa AB - For a long time children have been considered to be vulnerable persons, incapable of making rational decisions. As a result, decisions have been made for children by other people such as their parents or guardians. In most African societies, including Malawi, children remain largely voiceless and dependent on their parents who view their role mainly as being to protect children from their own actions and actions of other people. However, international law considers children as autonomous persons capable of making their own decisions. Thus, it requires states to recognise the autonomy a child although it also recognises that parents are free to raise children the way they want. Both the CRC and the African Children's Charter recognise children as bearers of rights and guarantee their right to take part in decisions that affect them. These treaties also recognise the principles of the best interests of the child, non-discrimination, and the child's right to life, survival and development. This thesis finds that while the best interests' principle has been domesticated under the Constitution, the other principles are not explicitly entrenched in the Constitution or under the Child Care, Protection and Justice Act. At best, they can be implied in other provisions of the Act. Overall, the Child Care, Protection and Justice Act leans towards enhancing the parental autonomy in child rearing and institutional protection of children rather than towards the emancipation of children in accordance with their evolving capacities. DA - 2018 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2018 T1 - The balance between child autonomy and parental autonomy in Malawi; an analysis of the Child Care, Protection and Justice Act TI - The balance between child autonomy and parental autonomy in Malawi; an analysis of the Child Care, Protection and Justice Act UR - http://hdl.handle.net/11427/27993 ER - en_ZA


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