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The impact of a child-rights approach to litigation on the realisation of the right to education of pregnant learners in Africa
Mini Dissertation (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2021.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2021
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| _version_ | 1867613469070589952 |
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| access_status_str | Open Access |
| author2 | Akonumbo, Atangcho |
| author_browse | Akonumbo, Atangcho |
| author_facet | Akonumbo, Atangcho |
| collection | Thesis |
| dc_rights_str_mv | © 2019 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 | Mini Dissertation (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2021. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/82801 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:36:38.421Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2021 |
| publishDateRange | 2021 |
| publishDateSort | 2021 |
| 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:2263/82801 The impact of a child-rights approach to litigation on the realisation of the right to education of pregnant learners in Africa Akonumbo, Atangcho mullerliesl@gmail.com Skelton, Ann, 1961- Muller, Liesl Heila Human rights Child-rights approach Strategic litigation Learner pregnancy in Africa UCTD Mini Dissertation (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2021. Strategic litigation for the achievement of education rights for pregnant learners in Africa has emerged at both national and regional level in recent years. While it is important that the narrative shaped by these cases reflect a child-rights approach, informed by sufficient child participation and consideration of their views, a child-rights approach is not always followed, nor is the content of such an approach sufficiently explored in the literature. This study explores the theoretical content of a child-rights compliant approach to litigation as well as its application in African cases, and the effect that this approach or lack thereof has on children’s long-term enjoyment of their rights. The main question the research seeks to answer is whether strategic litigation on pregnant learners in Africa has effectively applied a child-rights compliant approach. In order to answer that question the scope and content of, and the normative basis for, a child-rights compliant approach to strategic litigation is explored. The research seeks to answer whether the cases before the African human rights system’s judicial bodies are compliant with such an approach. The main research question is complemented by secondary questions: What is the effect of a child-rights approach to impact litigation on access to education for pregnant learners in Africa, and what can future litigators do to improve child-rights compliance to litigation? The study reveals that the essential tenets of a child-rights approach consist of four crucial elements, namely a basis in conception of childhood as agentic as opposed to protectionist; procedural child-friendly access to justice; child participation through being heard and by being parties to a case; and rootedness in a child inclusive social movement. It concludes by making recommendations to various stakeholders towards improved implementation of a child-rights approach in strategic litigation. Centre for Human Rights LLM (Human Rights and Democratisation in Africa) Unrestricted 2021-11-23T08:51:19Z 2021-11-23T08:51:19Z 2021-12-10 2021 Mini Dissertation Muller, LH 2021, The impact of a child-rights approach to litigation on the realisation of the right to education of pregnant learners in Africa, LLM dissertation, University of Pretoria. http://hdl.handle.net/2263/82801 en © 2019 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 | Human rights Child-rights approach Strategic litigation Learner pregnancy in Africa UCTD The impact of a child-rights approach to litigation on the realisation of the right to education of pregnant learners in Africa |
| title | The impact of a child-rights approach to litigation on the realisation of the right to education of pregnant learners in Africa |
| title_full | The impact of a child-rights approach to litigation on the realisation of the right to education of pregnant learners in Africa |
| title_fullStr | The impact of a child-rights approach to litigation on the realisation of the right to education of pregnant learners in Africa |
| title_full_unstemmed | The impact of a child-rights approach to litigation on the realisation of the right to education of pregnant learners in Africa |
| title_short | The impact of a child-rights approach to litigation on the realisation of the right to education of pregnant learners in Africa |
| title_sort | impact of a child rights approach to litigation on the realisation of the right to education of pregnant learners in africa |
| topic | Human rights Child-rights approach Strategic litigation Learner pregnancy in Africa UCTD |
| url | http://hdl.handle.net/2263/82801 |