The best interests of the child : a critical evaluation of how the South Africa court system is failing to use section 7 of the Children's Act accordingly in divorce proceedings

Simple item page
dc.contributor.advisorBarratt, Amandaen_ZA
dc.contributor.authorSisilana, Ziphokazi Dimphoen_ZA
dc.date.accessioned2016-07-26T12:21:37Z
dc.date.available2016-07-26T12:21:37Z
dc.date.issued2016en_ZA
dc.description.abstractSouth Africa has a history of human rights atrocities that have created an urgency to attend to the previously marginalised and vulnerable groups of society. The Constitution of the state as well as other international treaties have created provisions that entrench the commitment to protect the child. This has been done through the inclusion of the 'best interests of the child' principle in the instruments. This study examines the development of the 'best interests' of the child. Furthermore, it analyses how and why the principle developed in the international and national context. The purpose is to come to the findings that the newly introduced Children's Act has created a better scope of protection than the previous common law precedent. The leading component of the study is criticising the method of the application of the 'best interests' of the child principle in South Africa. The author will specifically focus of section 7 of the Children's Act and prove why the courts should be applying this provision in child-related cases.en_ZA
dc.identifier.apacitationSisilana, Z. D. (2016). <i>The best interests of the child : a critical evaluation of how the South Africa court system is failing to use section 7 of the Children's Act accordingly in divorce proceedings</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Private Law. Retrieved from http://hdl.handle.net/11427/20800en_ZA
dc.identifier.chicagocitationSisilana, Ziphokazi Dimpho. <i>"The best interests of the child : a critical evaluation of how the South Africa court system is failing to use section 7 of the Children's Act accordingly in divorce proceedings."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Private Law, 2016. http://hdl.handle.net/11427/20800en_ZA
dc.identifier.citationSisilana, Z. 2016. The best interests of the child : a critical evaluation of how the South Africa court system is failing to use section 7 of the Children's Act accordingly in divorce proceedings. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Sisilana, Ziphokazi Dimpho AB - South Africa has a history of human rights atrocities that have created an urgency to attend to the previously marginalised and vulnerable groups of society. The Constitution of the state as well as other international treaties have created provisions that entrench the commitment to protect the child. This has been done through the inclusion of the 'best interests of the child' principle in the instruments. This study examines the development of the 'best interests' of the child. Furthermore, it analyses how and why the principle developed in the international and national context. The purpose is to come to the findings that the newly introduced Children's Act has created a better scope of protection than the previous common law precedent. The leading component of the study is criticising the method of the application of the 'best interests' of the child principle in South Africa. The author will specifically focus of section 7 of the Children's Act and prove why the courts should be applying this provision in child-related cases. DA - 2016 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2016 T1 - The best interests of the child : a critical evaluation of how the South Africa court system is failing to use section 7 of the Children's Act accordingly in divorce proceedings TI - The best interests of the child : a critical evaluation of how the South Africa court system is failing to use section 7 of the Children's Act accordingly in divorce proceedings UR - http://hdl.handle.net/11427/20800 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/20800
dc.identifier.vancouvercitationSisilana ZD. The best interests of the child : a critical evaluation of how the South Africa court system is failing to use section 7 of the Children's Act accordingly in divorce proceedings. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Private Law, 2016 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/20800en_ZA
dc.language.isoengen_ZA
dc.publisher.departmentDepartment of Private Lawen_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.subject.otherPrivate Law and Human Rightsen_ZA
dc.titleThe best interests of the child : a critical evaluation of how the South Africa court system is failing to use section 7 of the Children's Act accordingly in divorce proceedingsen_ZA
dc.typeMaster Thesis
dc.type.qualificationlevelMasters
dc.type.qualificationnameLLMen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
Files
Original bundle
Now showing 1 - 1 of 1
Thumbnail Image
Name:
thesis_law_2016_sisilana_ziphokazi_dimpho.pdf
Size:
743.14 KB
Format:
Adobe Portable Document Format
Description:
Download
Collections
Masters