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Kritiese evaluering van wetgewing wat die gesondheid van kinders beïnvloed

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dc.contributor.advisor Kruger, J. M. Buchner-Eveleigh, Mariana 2010-07-22T07:20:01Z 2010-07-22T07:20:01Z 2009-11
dc.identifier.citation Buchner-Eveleigh, Mariana (2009) Kritiese evaluering van wetgewing wat die gesondheid van kinders beïnvloed, University of South Africa, Pretoria, <> en
dc.description Text in Afrikaans
dc.description.abstract The Convention on the Rights of the Child was adopted by the United Nations General Assembly on 29 November 1989. Included in the inherent rights set out in the Convention is the right to the highest attainable standard of health. In implementing the Convention states parties must refer to the requirements of article 2 of the Convention, which places them under a duty to respect and ensure the rights in the Convention to each child. The term “respect” implies a duty of good faith to refrain from actions which would breach the Convention. The “duty to ensure”, however, requires states parties to take whatever measures are necessary in order to enable children to enjoy their rights. A state party must also review its legislation in order to ensure that domestic law is consistent with the Convention. South Africa showed commitment to protecting and promoting children’s health when it ratified the United Nations Convention on the Rights of the Child in 1995 and subsequently adopted the Constitution of the Republic of South Africa, 1996, which includes provisions guaranteeing the health rights of children. South Africa also showed commitment to give legislative effect to the protection and promotion of children’s health by reviewing the Health Act 63 of 1977 (reviewed as the National Health Act 61 of 2003) and the Child Care Act 74 of 1983 (reviewed as the Children’s Act 38 of 2005). The review of the Child Care Act 74 of 1983 revealed that the act is virtually silent on the issue of child health. This led to the decision to identify and evaluate existing policy and legislation, as well as pending relevant law reform and policy affecting child health in order to assess how well South African legislation addresses the issue. The research showed that although much legislation exists, none provides comprehensively for child health rights. The legislation that does exist contains obvious gaps. Most importantly, there is no reference to the core minimum requirements for the state in providing for the health of children, particularly in the way of health services and nutrition. Further, there is a complete lack of legislation which protects the health needs of disabled children. A comparative study was also undertaken. Legislation of India and Canada were evaluated in order to make recommendations as to how the gaps in South African legislation can be rectified. However, the research showed that South Africa has made far more significant progress in promoting a rightsbased approach to children’s health in legislation. In order to ensure that the health rights of children are protected and promoted, I propose more comprehensive legislative protection. en
dc.format.extent 1 online resource (xi, 440 leaves)
dc.language.iso af en
dc.subject Oorsig van gesondheidswetgewing en beleid en
dc.subject Kinders reg op gesondheid
dc.subject Beskerming teen mishandeling en uitbuitende arbeidspraktyke
dc.subject Hersiening van gesondheidswetgewing en beleid
dc.subject Internasionale verpligtinge
dc.subject Grondwetlike regte
dc.subject Verantwoordelikhede van regering
dc.subject Gesondheidsorgdienste
dc.subject Primere gesondheidsorgbenadering
dc.subject Kinders se toegang tot gesondheidsorgdienste
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 Children -- Health and hygiene -- South Africa
dc.subject.lcsh Child health services -- Law and legislation -- South Africa
dc.subject.lcsh Right to health care -- South Africa
dc.title Kritiese evaluering van wetgewing wat die gesondheid van kinders beïnvloed en
dc.type Thesis en
dc.description.department Private Law LL.D.

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