Suchergebnisse

For a long time the rights of disabled persons have been ignored not only in South Africa, but also in the rest of the world. There are many disabled persons who can participate on an equal level with able-bodied persons, but on the other hand there are many disabled persons who are unable to do so due to the nature and severity of their disabilities. Discrimination against disabled persons lead to the exclusion of them to function in a normal way in the community and the denial of their rights and to function freely in society. Legislation can assist in the prevention of discrimination against such persons and also in their upliftment.

For a long time the rights of disabled persons have been ignored not only in South Africa, but also in the rest of the world. There are many disabled persons who can participate on an equal level with able-bodied persons, but on the other hand, there are many disabled persons who are unable to do so due to the nature and severity of their disabilities. Discrimination against disabled persons leads to exclusion from functioning in a normal way in the community and the denial of the right to function freely in society. Legislation can assist in the prevention of discrimination against such persons and also in their upliftment.

The best-interest-of-the-child concept should guide the legislative framework with regard to the approach followed as well as the disciplinary processes used in schools. Currently schools revert mostly to a retributive and adversarial approach to discipline that is not compatible with the best-interests-of-the-child standard. In this article, the provisions of section 8 of the Schools Act are scrutinised and it is concluded that these provisions are supporting an adversarial and punitive approach to school discipline. This is evident from the lack of prescriptions ensuring that sanctions serve the best interest of children, the insufficient provision for support measures and structures for counselling, the undue focus on the best interests of the transgressor and the lack of guidance concerning the appointment of an intermediary. The introduction of restorative discipline as an alternative approach to discipline is recommended. The latter approach is recommended, because it is submitted that amendments to the existing legislative provisions would not address the key objection to the legislative framework namely its retributive and adversarial character.

Child victims of sexual abuse are vulnerable witnesses who experience trauma and secondary victimisation when they testify in sexual abuse cases. Sexual Offences Courts aim to alleviate this problem in various ways. The main focus of this article is to examine the prescribed blueprint for Sexual Offences Courts in order to determine whether blueprint-compliant Sexual Offences Courts contribute to better justice for child victims of sexual offences. Each blueprint requirement is therefore analysed with the aim of determining whether possible advantages for child victims can be identified.The conclusion is reached that substantial advantages for child victims are provided by blueprint compliant Sexual Offences Courts. By 2005 54 Sexual Offences Courts were established countrywide and official statistics indicate that these courts are very successful. However, despite numerous commitments by government to establish more of these courts, a moratorium on the establishment of new courts was announced. It is argued that blueprint compliant Sexual Offences Courts do indeed provide better justice for children and therefore more of these courts should be established at a much faster rate.