The Content of the International Obligations to Protect the Family Life for Children in South Africa
| dc.contributor.advisor | Van Coller, A. | |
| dc.contributor.author | Shirichena , Arthur | |
| dc.date.accessioned | 2026-07-09T12:52:43Z | |
| dc.date.available | 2026-07-09T12:52:43Z | |
| dc.date.issued | 2018 | |
| dc.description | Dissertation | |
| dc.description.abstract | This research intends to investigate the content of the international obligations to protect the right to family life for children in South Africa (RSA). Most international instruments and domestic legislations dealing with children recognise the need for children to grow up in a family environment in an atmosphere of love and understanding. In different parts of the world, there are various family structures and patterns traditional families with the heterosexual marriage form as the cornerstone; extended families with up to four generations in one household; and a mixture of family forms. The definition of a family and family life have gradually evolved over the past years. States have in some instances refused to embrace different types of families like (LGBTQI) citing moral concerns while others have enacted laws that greatly hinder family life such as immigration laws despite being a party to several international legal instruments, which impose an obligation on States to promote, protect and preserve the right to family life particularly for children. The problem faced in international/human rights law is how best to balance the rights of children and the ability to State sovereignty. The Study reveals that generally all States including RSA understand and have embraced the right to family life for children. However, when it comes to implementation of the right to family life, it is often this right is overlooked by States to prioritise other State interests. The study demonstrates how States by becoming a party to these international instruments accepted the legal obligations to protect the right to family life and further assesses how these obligations have been translated into legislative and policy frameworks. A comparison with Zimbabwe and Canada is also undertaken to compare how the RSA is performing in comparison to the other two States. Despite all the challenges children face in families such as abuse, poverty, neglect and exploitation. Families provide children with love care and protection with the end goal being to ensure that the children grow up to become adults who care assume parental obligations/rights. The study is influenced by the need for care and protection by children. | |
| dc.identifier.uri | http://hdl.handle.net/20.500.11837/4072 | |
| dc.language.iso | en | |
| dc.publisher | University of Fort Hare | |
| dc.subject | children | |
| dc.subject | family life | |
| dc.subject | South Africa | |
| dc.subject | international law | |
| dc.subject | human rights. | |
| dc.title | The Content of the International Obligations to Protect the Family Life for Children in South Africa | |
| dc.type | Thesis | |
| person.identifier.orcid | 0009-0002-9709-5765 |