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Cross-cultural adoption in constitutional perspective

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dc.contributor.advisor Pretorius, D. Church, Jacqueline en 2015-01-23T04:24:33Z 2015-01-23T04:24:33Z 1996-11 en
dc.identifier.citation Church, Jacqueline (1996) Cross-cultural adoption in constitutional perspective, University of South Africa, Pretoria, <> en
dc.description.abstract Although a child's right to parental care and family life is constitutionally entrenched, many South African children are deprived of this right. Transcultural adoption could serve their need but historically this has been prohibited or discouraged by racist policies. Whether this is in keeping with the now non-racial South African society is questionable. In adoption the best interests of the child is paramount and in determining this, courts should balance children's constitutional rights to their culture of origin against their constitutional rights to non-discrimination. After considering arguments for and against transcultural adoption and the position in the United States and the United Kingdom, the writer suggests that further interdisciplinary research into the question is necessary in South Africa; inter-country adoption should be considered and law reform and governmental policy should facilitate these.
dc.format.extent 1 online resource (43 leaves) en
dc.language.iso en
dc.subject Transcultural adoption
dc.subject Inter-country adoption
dc.subject Race
dc.subject Custody
dc.subject Equality clause
dc.subject Best interests of the child
dc.subject Race matching
dc.subject Culture
dc.subject Placement of children
dc.subject Constitution
dc.subject Administrative justice
dc.subject Unfair discrimination
dc.subject Limitation of rights
dc.subject Children's rights
dc.subject Cultural genocide
dc.subject Racial prohibition
dc.subject Welfare of the child
dc.subject Bill of Rights
dc.subject.ddc 346.178068 en
dc.subject.lcsh Adopted children -- Legal status, laws, etc. -- South Africa en
dc.subject.lcsh Interracial adoption -- South Africa en
dc.subject.lcsh Constitutional law -- South Africa en
dc.title Cross-cultural adoption in constitutional perspective en
dc.type Dissertation
dc.description.department Private Law LL. M. (Law) en

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