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The role of human rights defenders in addressing the impact of child marriage on the girl-child's right to education in South Sudan

Mini Dissertation (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2024.

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Other Authors: Fokala, Elvis
Format: Thesis
Language:English
Published: University of Pretoria 2024
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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 Mini Dissertation (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2024.
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institution University of Pretoria (South Africa)
language English
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license_str Other — see source repository
provenance_str_mv Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository
publishDate 2024
publishDateRange 2024
publishDateSort 2024
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spelling oai:repository.up.ac.za:2263/99124 The role of human rights defenders in addressing the impact of child marriage on the girl-child's right to education in South Sudan Fokala, Elvis akotmakur85@gmail.com Assim, Maria Chep, Akot Makur Chuot UCTD Marriageable age Family laws Child marriage Human rights defenders Education Legal system and bill of rights Sustainable Development Goals (SDGs) SDG-05: Gender equality Law articles SDG-05 SDG-10: Reduced inequalities Law articles SDG-10 SDG-16: Peace, justice and strong institutions Law articles SDG-16 Mini Dissertation (LLM (Human Rights and Democratisation in Africa))--University of Pretoria, 2024. Despite legally binding international, regional and domestic legal frameworks on South Sudan that define a child as anyone below 18 years old, child marriage remains prevalent with a rate of 52 per cent. The high rates of child marriage have led to the dropout of 988000 girls from school. The surge in child marriage is attributed to gaps in laws, lack of implementation and cultural practices. The main gap in national laws is that the laws do not define the minimum age of marriage nor criminalise child marriage. Out of ten states and three administrative areas in South Sudan, only Lakes State and Unity State have criminalised and banned child marriage respectively. The gap in the laws is exacerbated by the fact that South Sudan has not ratified the African Charter on the Rights and Welfare of the Child. In addressing the impact of child marriage on the girl-child’s right to education, human rights defenders face several challenges. To address child marriage and its impacts on the girl-child’s right to education, this mini-dissertation recommends setting the minimum age of marriage at 18 years in the national laws, criminalising child marriage, strengthening the implementation of the existing laws, ratifying the African Charter on the Rights and Welfare of the Child, enacting human rights defenders’ specific legislation, reducing the high rates of dropouts, and expanding civic awareness. To attain the main objective, which is the role of human rights defenders in addressing the impact of child marriage on the girl-child in education in South Sudan, this mini-dissertation uses the doctrinal method and participation and evaluation process method. Chapter One gives an overview of the mini-dissertation and covers the research problem, literature review, research questions, research objectives, research methodology, the significance of the research, research limitations, and Chapters’ structure. Chapter Two explores the obligations of South Sudan under the international, regional and domestic legal frameworks in addressing the impact of child marriage on the girl-child’s right to education. Chapter Three discusses the perception of South Sudan’s communities on child marriage and its impacts on the girl-child’s right to education. Chapter Four examines the role of human rights defenders in addressing the impact of child marriage on the girl-child’s right to education, the legal framework governing human rights defenders and challenges human rights defenders face. Chapter Five summarises the conclusions and suggests recommendations. Centre for Human Rights LLM (Human Rights and Democratisation in Africa) Unrestricted Faculty of Laws 2024-11-18T11:57:19Z 2024-11-18T11:57:19Z 2024-12-10 2024-10-23 Mini Dissertation * D2024 http://hdl.handle.net/2263/99124 10.25403/UPresearchdata.27694476 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
Marriageable age
Family laws
Child marriage
Human rights defenders
Education
Legal system and bill of rights
Sustainable Development Goals (SDGs)
SDG-05: Gender equality
Law articles SDG-05
SDG-10: Reduced inequalities
Law articles SDG-10
SDG-16: Peace, justice and strong institutions
Law articles SDG-16
The role of human rights defenders in addressing the impact of child marriage on the girl-child's right to education in South Sudan
title The role of human rights defenders in addressing the impact of child marriage on the girl-child's right to education in South Sudan
title_full The role of human rights defenders in addressing the impact of child marriage on the girl-child's right to education in South Sudan
title_fullStr The role of human rights defenders in addressing the impact of child marriage on the girl-child's right to education in South Sudan
title_full_unstemmed The role of human rights defenders in addressing the impact of child marriage on the girl-child's right to education in South Sudan
title_short The role of human rights defenders in addressing the impact of child marriage on the girl-child's right to education in South Sudan
title_sort role of human rights defenders in addressing the impact of child marriage on the girl child s right to education in south sudan
topic UCTD
Marriageable age
Family laws
Child marriage
Human rights defenders
Education
Legal system and bill of rights
Sustainable Development Goals (SDGs)
SDG-05: Gender equality
Law articles SDG-05
SDG-10: Reduced inequalities
Law articles SDG-10
SDG-16: Peace, justice and strong institutions
Law articles SDG-16
url http://hdl.handle.net/2263/99124