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The duty of the state to give effect to the rights of children in child-headed households in the context of section 28(1)(b) and (c) of the Constitution of the Republic of South Africa, 1996

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dc.contributor.advisor Kruger, Johanna Margaretha
dc.contributor.author Tyabazayo, Phumlani
dc.date.accessioned 2010-03-19T14:27:38Z
dc.date.available 2010-03-19T14:27:38Z
dc.date.issued 2009-11
dc.date.submitted 2009-11
dc.identifier.uri http://hdl.handle.net/10500/3198
dc.description.abstract The scourge of HIV/AIDS is ravaging our communities; many children have lost their parents to this pandemic. The death of parents because of this pandemic has resulted in the emergence of a new phenomenon of child-headed households. This paper seeks to examine the rights of children in child-headed households as entrenched in section 28(1)(b) and (c) of the Constitution. Once the rights of children in child-headed households are ascertained, the state’s duty to give effect to these rights is investigated. In the analysis of the rights, the socio-economic rights jurisprudence of the Constitutional Court is considered. The paper further argues that the state gives effect to the rights of children in child-headed households through legislation and policy. As such, the paper takes a closer look at the legislation and policies that seek to give effect to the rights of children in child-headed households as enumerated in section 28(1)(b) and (c) and gaps in that legislation and policy are highlighted. In conclusion, proposals are made that will assist the state to give effect to the rights of children in child-headed households as set out in the Constitution. en
dc.format.extent 1 online resource (70 leaves)
dc.language.iso en en
dc.subject HIV/AIDS en
dc.subject Child-headed households en
dc.subject International law en
dc.subject Constitutional rights en
dc.subject Children’s rights en
dc.subject Parental care en
dc.subject Family care en
dc.subject State’s duty en
dc.subject Legislation en
dc.subject Child support grants en
dc.subject Children’s Act en
dc.subject.ddc 342.8772068
dc.subject.lcsh Children -- Legal status, laws, etc. -- South Africa
dc.subject.lcsh Children's rights -- South Africa
dc.subject.lcsh Youth-headed households -- South Africa
dc.subject.lcsh Child welfare -- South Africa
dc.subject.lcsh Constitutional law -- South Africa
dc.subject.lcsh Child care services -- Law and legislation -- South Africa
dc.subject.lcsh Child caregivers -- South Africa
dc.subject.lcsh Children of AIDS patients -- South Africa
dc.subject.lcsh AIDS (Disease) in children -- South Africa
dc.title The duty of the state to give effect to the rights of children in child-headed households in the context of section 28(1)(b) and (c) of the Constitution of the Republic of South Africa, 1996 en
dc.type Dissertation en
dc.description.department Private Law
dc.description.degree LL.M.


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