Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
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Showing 1 to 20 of 32 for “"Best Interests of the Child"”.
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The best interests of the child in intercountry adoption: a constructivist and comparative account
This thesis examines the motivations for states to become involved in intercountry adoption. This includes both states that send children in intercountry adoption and states that receive children. The thesis explores the dynamic cycle of events that lead states to intercountry adoption …
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Advancing the best interests of the child in South African family-related legal disputes
This thesis examines the extent to which South Africa complies with international standards in protecting the best interests of the child in family-related legal disputes. The thesis applies a doctrinal methodology, drawing on primary sources such as international treaties, South African …
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Advancing the best interests of the child in South African family-related legal disputes
This thesis examines the extent to which South Africa complies with international standards in protecting the best interests of the child in family-related legal disputes. The thesis applies a doctrinal methodology, drawing on primary sources such as international treaties, South African …
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The Best Interests of the Child in Custody Evaluations: An Explication of the Construct and Preliminary Content Validation Study
Forty percent of marriages with children end in divorce in the United States, ten percent of which require a child custody evaluation. Approximately 100,000 child custody evaluations are conducted annually (Bow, 2006). Despite the fact that these evaluations affect the lives of thousands of …
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Best Interests Of The Child Principle In The Context Of Parent Separation Or Divorce : As Conceptualised By The Community
Best interests of the child (BIC) is a construct that is central to legal decisions in several areas including parenting matters in the Family Courts, guardianship, child-protection, and adoption. Despite the centrality of the construct, BIC has not been operationalised (Thomson & Molloy, 2001) and …
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Has the ‘best interests of the child' principle been applied to children's rights in Botswana on maintenance, custody and adoption matters?
… 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 …
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An evaluation of the implications of the best interests of the child principle in the context of same-sex parenting in Ireland
… parenting is by no means a new phenomenon but the legal recognition and acceptance of gay and lesbian couples as parents is a relatively recent development in most countries. Traditionally, such recognition has been opposed on the basis of the claim that the best interests of children could not …
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EU advancement to the detriment of the ‘best interests’ of the child? The rules on jurisdiction, recognition and enforcement in Brussels II bis and in two Hague Conventions
‘(…) to ensure equality for all children, this Regulation covers all decisions on parental responsibility, including measures for the protection of the child, independently of any link with matrimonial proceedings.' [Recital 5 of Brussels II bis] Brussels II bis (Council Regulation 2201/2003) …
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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
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 …
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Section 1 of the Civil Union Act 17 of 2006: Does the blanket ban on minors from entering into a civil union underpin “the best interests of the child” principle in terms of the Constitution of the Republic of South Africa
The purpose of the study was to firstly determine whether the categorical ban of minors from entering into a civil union undermines the “the best interests of the child” principle, and if so, whether section 1 of the Civil Union Act unjustifiably violates the Constitution. The study furthermore …
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The Erga Omnes Obligation towards children in armed conflict
This thesis examines how the current obligations towards the child’s participating in armed conflict may be developed and address the unique needs of the child. In this assessment, the researcher recognises the autonomous rights of the child, the psychological capacity of the child, and the best …
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Is the emotional security of children adequately safeguarded in South African divorce law and procedure? An appraisal of how divorce law and procedure in South Africa can be adjusted to fully cater to and protect the emotional security of children during divorce proceedings
Children, defined as those below the age of 18 by article 1 of the 1989 United Nations Convention on the Rights of the Child (CRC), are a particularly vulnerable group as a result of their limited legal capacity and autonomy. As a consequence of this, legal rules and procedure in domestic …
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Re-examining the best interests of child principle. Can this help tamariki and rangatahi Māori achieve the highest attainable standard of mental health?
This thesis explores how a re-examination of the best interests of the child principle can assist tamariki and rangatahi Māori to achieve the highest attainable standard of mental health. Although New Zealand has ratified the United Nations Convention on the Rights of the Child 1989, which …
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The rights and best interests of children conceived through rape: the missing maintenance of rapist fathers in South Africa
The global shift in recognising children as independent rights holders demands that States Parties must adhere to the best interests of the child principle, obliging them to adopt legislative measures that align with children's rights as outlined in international law. Accordingly, South Africa's …
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When parents die: locating children's right to economic security in South Africa's law of succession and guardianship
… as a constitutional democracy has coincided with the recognition of children as independent rights-holders within its legal system. Signature and ratification of the Convention on the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child (ACRWC) demonstrated the …
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Balancing child participation rights, parental responsibility and state intervention in medical and reproductive decision-making under South African law
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 …
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Children's participation in local government: The Makkala Panchayats of Kundapur, southern India.
The United Nations’ 1989 Convention on the Rights of the Child, is the most fundamental potentiality to affect children’s lives for the better, through the dynamic relationship between its provisions for child participation, protection and the best interests of the child. I investigate how the …
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The balance between child autonomy and parental autonomy in Malawi; an analysis of the Child Care, Protection and Justice Act
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 …
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Disability discrimination of prospective adoptive and foster parents
Parenthood is a notion shared throughout the globe, but for persons with disabilities, the laws and regulations surrounding the adoptive and foster care process create unnecessary barriers. Vague health requirements, lack of protections for disabled prospective parents, and the patchwork of state …
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