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The responsiveness of the South African juvenile justice system in protecting stateless children against sexual violence
Thesis (MPhil (Human Rights))--University of Pretoria, 2024.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2025
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| _version_ | 1867613511247462400 |
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| access_status_str | Open Access |
| author2 | Fokala, Elvis |
| author_browse | Fokala, Elvis |
| author_facet | Fokala, Elvis |
| collection | Thesis |
| dc_rights_str_mv | © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Thesis (MPhil (Human Rights))--University of Pretoria, 2024. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/101090 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:18.340Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2025 |
| publishDateRange | 2025 |
| publishDateSort | 2025 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/101090 The responsiveness of the South African juvenile justice system in protecting stateless children against sexual violence Fokala, Elvis zmabaso@hotmail.com Mabaso, Zanele UCTD Sustainable Development Goals (SDGs) Juvenile justice Childhood statelessness Statelessness Children's rights Access to justice Sexual violence South Africa Child protection Citizenship Thesis (MPhil (Human Rights))--University of Pretoria, 2024. South Africa is party to regional and international children’s rights instruments that obligate the country to ensure the safety, protection and justice for all children who live within its boundaries. These laws give expression to the constitutional rights to equality, human dignity, life and freedom, and security of children. However, stateless children living in South Africa are still disproportionately affected. To attain its objective, the study employs a qualitative legal research method, utilising the children’s rights-based approach to address childhood statelessness guided by the principle of the best interest of the child. The statelessness in childhood is based on children’s vulnerabilities and South Africa’s obligation(s) in protecting stateless children under international, regional and domestic, South African child law. Though important, the study does not comprehensively analyse the vulnerability of stateless children, nor does it study the merits of the effects of childhood statelessness and the impact it has on children intimately. However, it provides an in-depth analysis of the extent of responsiveness of the South African juvenile justice system in protecting stateless and undocumented children against sexual violence. Put succinctly, this study therefore, highlights the responsibilities of the State in safeguarding and promoting holistic child protection at the domestic level, as an essential element of protecting the rights of stateless children. It then interrogates the sufficiency of South Africa’s domestic child laws and critiques the responsiveness of the juvenile justice system in ensuring access to justice services and child protection mechanisms to prevent, mitigate and eliminate childhood statelessness. Centre for Human Rights MPhil (Human Rights) Unrestricted Faculty of Laws SDG-01: No poverty SDG-03: Good health and well-being SDG-04: Quality education SDG-05: Gender equality SDG-10: Reduced inequalities SDG-16: Peace, justice and strong institutions 2025-02-20T12:00:47Z 2025-02-20T12:00:47Z 2025 2024-10 Thesis * A2024 http://hdl.handle.net/2263/101090 https://doi.org/10.25403/UPresearchdata.28450445 en © 2023 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Sustainable Development Goals (SDGs) Juvenile justice Childhood statelessness Statelessness Children's rights Access to justice Sexual violence South Africa Child protection Citizenship The responsiveness of the South African juvenile justice system in protecting stateless children against sexual violence |
| title | The responsiveness of the South African juvenile justice system in protecting stateless children against sexual violence |
| title_full | The responsiveness of the South African juvenile justice system in protecting stateless children against sexual violence |
| title_fullStr | The responsiveness of the South African juvenile justice system in protecting stateless children against sexual violence |
| title_full_unstemmed | The responsiveness of the South African juvenile justice system in protecting stateless children against sexual violence |
| title_short | The responsiveness of the South African juvenile justice system in protecting stateless children against sexual violence |
| title_sort | responsiveness of the south african juvenile justice system in protecting stateless children against sexual violence |
| topic | UCTD Sustainable Development Goals (SDGs) Juvenile justice Childhood statelessness Statelessness Children's rights Access to justice Sexual violence South Africa Child protection Citizenship |
| url | http://hdl.handle.net/2263/101090 https://doi.org/10.25403/UPresearchdata.28450445 |