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When parents die: locating children's right to economic security in South Africa's law of succession and guardianship
South Africa's era as a constitutional democracy has coincided with the recognition of children as independent rights-holders within its legal system. Signature and ratification of the Convention on the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child (ACRWC)...
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| Format: | Thesis |
| Language: | English |
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Department of Private Law
2021
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| _version_ | 1867613167965700096 |
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| access_status_str | Open Access |
| author | Cheng, Grace |
| author2 | Paleker, Mohamed |
| author_browse | Cheng, Grace Paleker, Mohamed |
| author_facet | Paleker, Mohamed Cheng, Grace |
| author_sort | Cheng, Grace |
| collection | Thesis |
| description | South Africa's era as a constitutional democracy has coincided with the recognition of children as independent rights-holders within its legal system. Signature and ratification of the Convention on the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child (ACRWC) demonstrated the Republic's commitment to children's rights on the international stage. South Africa's Constitution features a dedicated section on children's rights, and enshrines the principle that the best interests of the child are ‘of paramount importance' in every matter concerning the child. Whereas Roman-Dutch and English law historically conceptualised children as their parents' property or as conduits of family property, children today enjoy enforceable legal rights to property and material support. South African law has decisively deemed the interests of children worthy of constitutional protection as legal rights. Children's rights encompass both their need for protection and their right to autonomy. In the celebrated words of Justice Sachs, in contemporary South Africa every child is to be ‘constitutionally imagined' as an individual with inherent dignity, ‘not merely as a miniature adult waiting to reach full size' or ‘a mere extension of his or her parents, umbilically destined to sink or swim with them.' |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/33680 |
| institution | University of Cape Town (South Africa) |
| language | eng |
| last_indexed | 2026-06-10T12:31:50.330Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2021 |
| publishDateRange | 2021 |
| publishDateSort | 2021 |
| publisher | Department of Private Law |
| publisherStr | Department of Private Law |
| record_format | dspace |
| source_str | UCTD — University of Cape Town Open Access Repository |
| spelling | oai:open.uct.ac.za:11427/33680 When parents die: locating children's right to economic security in South Africa's law of succession and guardianship Cheng, Grace Paleker, Mohamed Law of Succession South Africa's era as a constitutional democracy has coincided with the recognition of children as independent rights-holders within its legal system. Signature and ratification of the Convention on the Rights of the Child (CRC) and the African Charter on the Rights and Welfare of the Child (ACRWC) demonstrated the Republic's commitment to children's rights on the international stage. South Africa's Constitution features a dedicated section on children's rights, and enshrines the principle that the best interests of the child are ‘of paramount importance' in every matter concerning the child. Whereas Roman-Dutch and English law historically conceptualised children as their parents' property or as conduits of family property, children today enjoy enforceable legal rights to property and material support. South African law has decisively deemed the interests of children worthy of constitutional protection as legal rights. Children's rights encompass both their need for protection and their right to autonomy. In the celebrated words of Justice Sachs, in contemporary South Africa every child is to be ‘constitutionally imagined' as an individual with inherent dignity, ‘not merely as a miniature adult waiting to reach full size' or ‘a mere extension of his or her parents, umbilically destined to sink or swim with them.' 2021-08-03T09:44:38Z 2021-08-03T09:44:38Z 2021 2021-08-02T12:02:44Z Master Thesis Masters LLM http://hdl.handle.net/11427/33680 eng application/pdf Department of Private Law Faculty of Law |
| spellingShingle | Law of Succession Cheng, Grace When parents die: locating children's right to economic security in South Africa's law of succession and guardianship |
| thesis_degree_str | Master's |
| title | When parents die: locating children's right to economic security in South Africa's law of succession and guardianship |
| title_full | When parents die: locating children's right to economic security in South Africa's law of succession and guardianship |
| title_fullStr | When parents die: locating children's right to economic security in South Africa's law of succession and guardianship |
| title_full_unstemmed | When parents die: locating children's right to economic security in South Africa's law of succession and guardianship |
| title_short | When parents die: locating children's right to economic security in South Africa's law of succession and guardianship |
| title_sort | when parents die locating children s right to economic security in south africa s law of succession and guardianship |
| topic | Law of Succession |
| url | http://hdl.handle.net/11427/33680 |
| work_keys_str_mv | AT chenggrace whenparentsdielocatingchildrensrighttoeconomicsecurityinsouthafricaslawofsuccessionandguardianship |