Balancing child participation rights, parental responsibility and state intervention in medical and reproductive decision-making under South African law

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dc.contributor.advisorChirwa, Danwood Mzikengeen_ZA
dc.contributor.authorMoyo, Admarken_ZA
dc.date.accessioned2015-05-27T04:09:00Z
dc.date.available2015-05-27T04:09:00Z
dc.date.issued2014en_ZA
dc.descriptionIncludes bibliographical references.en_ZA
dc.description.abstractThroughout history, the boundaries between children’s rights, parental responsibility and state intervention have been regularly redrawn. At the heart of this process is the need to recognise the separate personhood of the child and the important role played by parental guidance in the proper upbringing of children. While participation rights spring from the child’s autonomy-related claims, parental guidance and state intervention arise from the child’s need for protection, at least until the child either reaches the age of consent or attains majority status. Thus, children are now seen as holders of autonomy rights who should nonetheless be protected, by parents and the state, from personal decisions that threaten other important interests. At the international level, the separate personhood of the child has been legally reinforced by the adoption of the Convention on the Rights of the Child. This instrument entrenches non-discrimination, child participation rights, the best interests of the child and the right to life, survival and development as general principles of children’s rights. These principles have been largely domesticated in South African law and play an important role in determining how much autonomy and protection should be given to children. This study relies upon primary and secondary legal materials to explain whether international and domestic law strike an appropriate balance between children’s autonomy, parental responsibility and state intervention in decision-making.en_ZA
dc.identifier.apacitationMoyo, A. (2014). <i>Balancing child participation rights, parental responsibility and state intervention in medical and reproductive decision-making under South African law</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Public Law. Retrieved from http://hdl.handle.net/11427/12914en_ZA
dc.identifier.chicagocitationMoyo, Admark. <i>"Balancing child participation rights, parental responsibility and state intervention in medical and reproductive decision-making under South African law."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Public Law, 2014. http://hdl.handle.net/11427/12914en_ZA
dc.identifier.citationMoyo, A. 2014. Balancing child participation rights, parental responsibility and state intervention in medical and reproductive decision-making under South African law. University of Cape Town.en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Moyo, Admark AB - Throughout history, the boundaries between children’s rights, parental responsibility and state intervention have been regularly redrawn. At the heart of this process is the need to recognise the separate personhood of the child and the important role played by parental guidance in the proper upbringing of children. While participation rights spring from the child’s autonomy-related claims, parental guidance and state intervention arise from the child’s need for protection, at least until the child either reaches the age of consent or attains majority status. Thus, children are now seen as holders of autonomy rights who should nonetheless be protected, by parents and the state, from personal decisions that threaten other important interests. At the international level, the separate personhood of the child has been legally reinforced by the adoption of the Convention on the Rights of the Child. This instrument entrenches non-discrimination, child participation rights, the best interests of the child and the right to life, survival and development as general principles of children’s rights. These principles have been largely domesticated in South African law and play an important role in determining how much autonomy and protection should be given to children. This study relies upon primary and secondary legal materials to explain whether international and domestic law strike an appropriate balance between children’s autonomy, parental responsibility and state intervention in decision-making. DA - 2014 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2014 T1 - Balancing child participation rights, parental responsibility and state intervention in medical and reproductive decision-making under South African law TI - Balancing child participation rights, parental responsibility and state intervention in medical and reproductive decision-making under South African law UR - http://hdl.handle.net/11427/12914 ER - en_ZA
dc.identifier.urihttp://hdl.handle.net/11427/12914
dc.identifier.vancouvercitationMoyo A. Balancing child participation rights, parental responsibility and state intervention in medical and reproductive decision-making under South African law. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Public Law, 2014 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/12914en_ZA
dc.language.isoengen_ZA
dc.publisher.departmentDepartment of Public Lawen_ZA
dc.publisher.facultyFaculty of Lawen_ZA
dc.publisher.institutionUniversity of Cape Town
dc.subject.otherPublic Lawen_ZA
dc.titleBalancing child participation rights, parental responsibility and state intervention in medical and reproductive decision-making under South African lawen_ZA
dc.typeDoctoral Thesis
dc.type.qualificationlevelDoctoral
dc.type.qualificationnamePhDen_ZA
uct.type.filetypeText
uct.type.filetypeImage
uct.type.publicationResearchen_ZA
uct.type.resourceThesisen_ZA
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