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Has the ‘best interests of the child' principle been applied to children's rights in Botswana on maintenance, custody and adoption matters?
Botswana has a pluralistic legal system. Thus customary law operates parallel to the Constitution, the common law as well as statute laws. Children in Botswana are subject to all these laws and systems. At international level, Botswana has acceded to the United Nations Convention on the Rights of th...
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| Format: | Thesis |
| Language: | English English |
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Department of Public Law
2025
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| _version_ | 1867613221449367552 |
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| access_status_str | Open Access |
| author | Mokibe, Linah |
| author2 | Lutchman, Salona |
| author_browse | Lutchman, Salona Mokibe, Linah |
| author_facet | Lutchman, Salona Mokibe, Linah |
| author_sort | Mokibe, Linah |
| collection | Thesis |
| description | Botswana has a pluralistic legal system. Thus customary law operates parallel to the Constitution, the common law as well as statute laws. Children in Botswana are subject to all these laws and systems. At international level, Botswana has acceded to the United Nations Convention on the Rights of the Child and has ratified several other international and regional human rights instruments. The UNCRC is an international treaty which lays down the social, economic, political, civil, health and cultural rights of all children. It is the basic human rights treaty which recognizes that children are also equal as human beings. Despite Botswana's accession to the UNCRC, which provides that the ‘best interests of the child' shall be the paramount consideration in all decisions made regarding a child, there is still a lack in the application of this principle when decisions relating to children are made on maintenance, custody and adoption. This study therefore interrogates whether there is an indication that the best interests of the child principle has been applied on children's rights in Botswana when decisions are made on maintenance, custody and adoption of children. |
| format | Thesis |
| id | oai:open.uct.ac.za:11427/42454 |
| institution | University of Cape Town (South Africa) |
| language | English eng |
| last_indexed | 2026-06-10T12:32:41.376Z |
| license_str | Not specified — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UCTD — University of Cape Town Open Access Repository |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| 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:11427/42454 Has the ‘best interests of the child' principle been applied to children's rights in Botswana on maintenance, custody and adoption matters? Mokibe, Linah Lutchman, Salona maintenance custody adoption matters Botswana has a pluralistic legal system. Thus customary law operates parallel to the Constitution, the common law as well as statute laws. Children in Botswana are subject to all these laws and systems. At international level, Botswana has acceded to the United Nations Convention on the Rights of the Child and has ratified several other international and regional human rights instruments. The UNCRC is an international treaty which lays down the social, economic, political, civil, health and cultural rights of all children. It is the basic human rights treaty which recognizes that children are also equal as human beings. Despite Botswana's accession to the UNCRC, which provides that the ‘best interests of the child' shall be the paramount consideration in all decisions made regarding a child, there is still a lack in the application of this principle when decisions relating to children are made on maintenance, custody and adoption. This study therefore interrogates whether there is an indication that the best interests of the child principle has been applied on children's rights in Botswana when decisions are made on maintenance, custody and adoption of children. 2025-12-18T13:37:03Z 2025-12-18T13:37:03Z 2025 2025-12-18T13:32:43Z Thesis / Dissertation Masters LLM http://hdl.handle.net/11427/42454 en eng application/pdf Department of Public Law Faculty of Law University of Cape Town |
| spellingShingle | maintenance custody adoption matters Mokibe, Linah Has the ‘best interests of the child' principle been applied to children's rights in Botswana on maintenance, custody and adoption matters? |
| thesis_degree_str | Master's |
| title | Has the ‘best interests of the child' principle been applied to children's rights in Botswana on maintenance, custody and adoption matters? |
| title_full | Has the ‘best interests of the child' principle been applied to children's rights in Botswana on maintenance, custody and adoption matters? |
| title_fullStr | Has the ‘best interests of the child' principle been applied to children's rights in Botswana on maintenance, custody and adoption matters? |
| title_full_unstemmed | Has the ‘best interests of the child' principle been applied to children's rights in Botswana on maintenance, custody and adoption matters? |
| title_short | Has the ‘best interests of the child' principle been applied to children's rights in Botswana on maintenance, custody and adoption matters? |
| title_sort | has the best interests of the child principle been applied to children s rights in botswana on maintenance custody and adoption matters |
| topic | maintenance custody adoption matters |
| url | http://hdl.handle.net/11427/42454 |
| work_keys_str_mv | AT mokibelinah hasthebestinterestsofthechildprinciplebeenappliedtochildrensrightsinbotswanaonmaintenancecustodyandadoptionmatters |