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Balancing child participation rights, parental responsibility and state intervention in medical and reproductive decision-making under South African law
Includes bibliographical references.
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| Main Author: | |
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| Other Authors: | |
| Format: | Thesis |
| Language: | English |
| Published: |
Department of Public Law
2015
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| _version_ | 1867613293308280832 |
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| access_status_str | Open Access |
| author | Moyo, Admark |
| author2 | Chirwa, Danwood Mzikenge |
| author_browse | Chirwa, Danwood Mzikenge Moyo, Admark |
| author_facet | Chirwa, Danwood Mzikenge Moyo, Admark |
| author_sort | Moyo, Admark |
| collection | Thesis |
| description | Includes bibliographical references. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/12914 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:33:49.949Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2015 |
| publishDateRange | 2015 |
| publishDateSort | 2015 |
| publisher | Department of Public Law |
| publisherStr | Department of Public Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/12914 Balancing child participation rights, parental responsibility and state intervention in medical and reproductive decision-making under South African law Moyo, Admark Chirwa, Danwood Mzikenge Public Law Includes bibliographical references. Throughout history, the boundaries between children’s rights, parental responsibility and state intervention have been regularly redrawn. At the heart of this process is the need to recognise the separate personhood of the child and the important role played by parental guidance in the proper upbringing of children. While participation rights spring from the child’s autonomy-related claims, parental guidance and state intervention arise from the child’s need for protection, at least until the child either reaches the age of consent or attains majority status. Thus, children are now seen as holders of autonomy rights who should nonetheless be protected, by parents and the state, from personal decisions that threaten other important interests. At the international level, the separate personhood of the child has been legally reinforced by the adoption of the Convention on the Rights of the Child. This instrument entrenches non-discrimination, child participation rights, the best interests of the child and the right to life, survival and development as general principles of children’s rights. These principles have been largely domesticated in South African law and play an important role in determining how much autonomy and protection should be given to children. This study relies upon primary and secondary legal materials to explain whether international and domestic law strike an appropriate balance between children’s autonomy, parental responsibility and state intervention in decision-making. 2015-05-27T04:09:00Z 2015-05-27T04:09:00Z 2014 Doctoral Thesis Doctoral PhD http://hdl.handle.net/11427/12914 eng application/pdf Department of Public Law Faculty of Law University of Cape Town |
| spellingShingle | Public Law Moyo, Admark Balancing child participation rights, parental responsibility and state intervention in medical and reproductive decision-making under South African law |
| thesis_degree_str | Doctoral |
| title | Balancing child participation rights, parental responsibility and state intervention in medical and reproductive decision-making under South African law |
| title_full | Balancing child participation rights, parental responsibility and state intervention in medical and reproductive decision-making under South African law |
| title_fullStr | Balancing child participation rights, parental responsibility and state intervention in medical and reproductive decision-making under South African law |
| title_full_unstemmed | Balancing child participation rights, parental responsibility and state intervention in medical and reproductive decision-making under South African law |
| title_short | Balancing child participation rights, parental responsibility and state intervention in medical and reproductive decision-making under South African law |
| title_sort | balancing child participation rights parental responsibility and state intervention in medical and reproductive decision making under south african law |
| topic | Public Law |
| url | http://hdl.handle.net/11427/12914 |
| work_keys_str_mv | AT moyoadmark balancingchildparticipationrightsparentalresponsibilityandstateinterventioninmedicalandreproductivedecisionmakingundersouthafricanlaw |