Has the ‘best interests of the child' principle been applied to children's rights in Botswana on maintenance, custody and adoption matters?

dc.contributor.advisorLutchman, Salona
dc.contributor.authorMokibe, Linah
dc.date.accessioned2025-12-18T13:37:03Z
dc.date.available2025-12-18T13:37:03Z
dc.date.issued2025
dc.date.updated2025-12-18T13:32:43Z
dc.description.abstractBotswana has a pluralistic legal system. Thus customary law operates parallel to the Constitution, the common law as well as statute laws. Children in Botswana are subject to all these laws and systems. At international level, Botswana has acceded to the United Nations Convention on the Rights of the Child and has ratified several other international and regional human rights instruments. The UNCRC is an international treaty which lays down the social, economic, political, civil, health and cultural rights of all children. It is the basic human rights treaty which recognizes that children are also equal as human beings. Despite Botswana's accession to the UNCRC, which provides that the ‘best interests of the child' shall be the paramount consideration in all decisions made regarding a child, there is still a lack in the application of this principle when decisions relating to children are made on maintenance, custody and adoption. This study therefore interrogates whether there is an indication that the best interests of the child principle has been applied on children's rights in Botswana when decisions are made on maintenance, custody and adoption of children.
dc.identifier.apacitationMokibe, L. (2025). <i>Has the ‘best interests of the child' principle been applied to children's rights in Botswana on maintenance, custody and adoption matters?</i>. (). University of Cape Town ,Faculty of Law ,Department of Public Law. Retrieved from http://hdl.handle.net/11427/42454en_ZA
dc.identifier.chicagocitationMokibe, Linah. <i>"Has the ‘best interests of the child' principle been applied to children's rights in Botswana on maintenance, custody and adoption matters?."</i> ., University of Cape Town ,Faculty of Law ,Department of Public Law, 2025. http://hdl.handle.net/11427/42454en_ZA
dc.identifier.citationMokibe, L. 2025. Has the ‘best interests of the child' principle been applied to children's rights in Botswana on maintenance, custody and adoption matters?. . University of Cape Town ,Faculty of Law ,Department of Public Law. http://hdl.handle.net/11427/42454en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Mokibe, Linah AB - Botswana has a pluralistic legal system. Thus customary law operates parallel to the Constitution, the common law as well as statute laws. Children in Botswana are subject to all these laws and systems. At international level, Botswana has acceded to the United Nations Convention on the Rights of the Child and has ratified several other international and regional human rights instruments. The UNCRC is an international treaty which lays down the social, economic, political, civil, health and cultural rights of all children. It is the basic human rights treaty which recognizes that children are also equal as human beings. Despite Botswana's accession to the UNCRC, which provides that the ‘best interests of the child' shall be the paramount consideration in all decisions made regarding a child, there is still a lack in the application of this principle when decisions relating to children are made on maintenance, custody and adoption. This study therefore interrogates whether there is an indication that the best interests of the child principle has been applied on children's rights in Botswana when decisions are made on maintenance, custody and adoption of children. DA - 2025 DB - OpenUCT DP - University of Cape Town KW - maintenance KW - custody KW - adoption matters LK - https://open.uct.ac.za PB - University of Cape Town PY - 2025 T1 - Has the ‘best interests of the child' principle been applied to children's rights in Botswana on maintenance, custody and adoption matters? TI - Has the ‘best interests of the child' principle been applied to children's rights in Botswana on maintenance, custody and adoption matters? UR - http://hdl.handle.net/11427/42454 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/42454
dc.identifier.vancouvercitationMokibe L. Has the ‘best interests of the child' principle been applied to children's rights in Botswana on maintenance, custody and adoption matters?. []. University of Cape Town ,Faculty of Law ,Department of Public Law, 2025 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/42454en_ZA
dc.language.isoen
dc.language.rfc3066eng
dc.publisher.departmentDepartment of Public Law
dc.publisher.facultyFaculty of Law
dc.publisher.institutionUniversity of Cape Town
dc.subjectmaintenance
dc.subjectcustody
dc.subjectadoption matters
dc.titleHas the ‘best interests of the child' principle been applied to children's rights in Botswana on maintenance, custody and adoption matters?
dc.typeThesis / Dissertation
dc.type.qualificationlevelMasters
dc.type.qualificationlevelLLM
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