Julia Sloth–nielsen
Biographic Data
| ID | 3456027 |
|---|---|
| NAME | Julia Sloth–nielsen |
| GIVEN NAMES | Julia |
| FAMILY NAME | Sloth–nielsen |
| SIGNATURE | NIELSEN J S |
| AFFILIATIONS | University of the Western Cape |
| ORCID | 0000-0002-8315-1255 |
| VERIFIED | Yes |
| TOTAL WORKS | 16 |
| TOTAL CITATIONS | 29 |
| WORKS AS AUTHOR | 16 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 1988 |
| LATEST PUBLICATION YEAR | 2021 |
| H-INDEX | 3 |
Towards Comprehensive Guidance for States in the African Region to respond to Children’s Rights in Emergencies, Disasters and Pandemics
The covid -19 pandemic spread has it impacted health systems, economies and communities across the African continent. It has also exacerbated risks already faced by children: limiting access to education, reducing protection from sexual and gender-based violence, harmful traditional and cultural practices including child, early or forced marriage ( cefm ), female genital-mutilation ( fgm ); and further limiting access to reproductive services and…
Safeguarding Children in the Developing World—Beyond Intra-Organisational Policy and Self-Regulation
Safeguarding in the context of development and humanitarian assistance has received heightened international attention since 2018. Emerging literature has not yet investigated the extent to which responses are evolving in the best interests of the child, in line with the treaty-based rights of children. This article makes a unique contribution to scholarship by applying a child rights lens to safeguarding efforts in the aid sector with a focus on…
Sideswipes and Backhanders
This article reviews the abolition of the defence of reasonable chastisement by the South African Constitutional Court on the grounds that it infringes the Constitution. After detailing the history of the abolition of corporal punishment in a democracy with the Constitution as supreme law, the article dissects the reasoning of the Constitutional Court. It argues that judgment in Freedom of Religion South Africa v Minister of Justice and Constitut…
Mothers and others
The review concerns the position of the identification as ‘mother’ or ‘father’ of trans persons who give birth. This matter has occupied courts in the United Kingdom, Germany, Brazil and Sweden recently, and could well arise in South Africa, our country of origin. The first part of the discussion relates to a claim of a trans man who gave birth to be registered as the father of the child. The legal situation in South Africa and the United Kingdom…
KOS v Minister of Home Affairs and its relevance to the law of marriage in South Africa
This article reviews the applications of three transgender persons to have their new identificatory details recorded in the relevant population registry, and to have suitably adjusted identity documents issued in consequence.However, the law of marriage seemed to stand in their way.Related issues have been raised in foreign courts, which are discussed in the second part of this article.It is argued that, although the decision in KOS v Minister of…
Regional Frameworks for Safeguarding Children
This article discusses the safeguarding movement in the context of child protection. After providing it's key principles and precepts, the relevant provisions of the African Charter on the Rights and Welfare of the Child which link to safeguarding are stipulated, as well as a brief description given of the mandate of the African Committee of Experts on the Rights and Welfare of the Child. Some aspects of the practical working methods of the Commi…
A maturing manifesto
This article represents the next in a series of five-year overviews of children’s rights in the courts in South Africa. Using the Convention on the Rights of the Child and the African Charter on the Welfare of Children as a point of departure, the study suggests that it is in the public sphere that children’s rights have had their most impact in the period under review. The article highlights eight areas of distinction in this five-year period: t…
Does the Differential Criterion for Vesting Parental Rights and Responsibilities of Unmarried Parents Violate International Law? A Legislative and Social Study of Three African Countries
The right to non-discrimination for all children is established in international human rights law. International children's rights law further provides for the common responsibility of parents for the maintenance of their children. African customary law and common law have always made a distinction between children born in and out of wedlock so far as the duty to maintain them is concerned. The resilience of this customary and common law approach…
A Commentary on the United Nations Convention on the Rights of the Child
Exploring the Domestication of the CRC in South African Jurisprudence (2002-2006)
South Africa commenced transition to a constitutional democracy with the adoption \nof an interim constitution in 1994, followed by national elections based, for \nthe fi rst time, on universal adult suffrage. A justiciable Bill of Rights, containing \nsome rights accorded to children, was at the core of our new society based on \nvalues of dignity, equality and respect for the freedom and security of the person, \nin sharp contrast to the violen…
A Dutiful Child
Each right has a corresponding duty. The African Children's Charter, under article 31, imposes a range of duties on children. Understandably, it could become contentious when an instrument on the rights and welfare of children expressly imposes duties on them. After setting the platform for discussion by highlighting international experiences and outlining the African concept of human rights, this article critically examines and attempts to clari…
Of Newborns and Nubiles
Ratification of the United Nations Convention on the Rights of the Child
(1995). Ratification of the United Nations Convention on the Rights of the Child: Some Implications for South African Law. South African Journal on Human Rights: Vol. 11, No. 3, pp. 401-420
Cases and Comments
The Death Penalty in the Cape Provincial Division
This article presents the data that we collected in four tables. These are explained in the first section below. The second part of the article \nexamines three issues that emerge from the data. First, we note the disparity in the use of the death penalty by individual judges and argue that, in part at least, this must be attributed to the personal disposition of judges. Then we examine the figures relating to appeal procedures and conclude that …
Cases and Comments
A Dutiful Child
Each right has a corresponding duty. The African Children's Charter, under article 31, imposes a range of duties on children. Understandably, it could become contentious when an instrument on the rights and welfare of children expressly imposes duties on them. After setting the platform for discussion by highlighting international experiences and outlining the African concept of human rights, this article critically examines and attempts to clari…
A Commentary on the United Nations Convention on the Rights of the Child
Exploring the Domestication of the CRC in South African Jurisprudence (2002-2006)
South Africa commenced transition to a constitutional democracy with the adoption \nof an interim constitution in 1994, followed by national elections based, for \nthe fi rst time, on universal adult suffrage. A justiciable Bill of Rights, containing \nsome rights accorded to children, was at the core of our new society based on \nvalues of dignity, equality and respect for the freedom and security of the person, \nin sharp contrast to the violen…
Of Newborns and Nubiles
Mothers and others
The review concerns the position of the identification as ‘mother’ or ‘father’ of trans persons who give birth. This matter has occupied courts in the United Kingdom, Germany, Brazil and Sweden recently, and could well arise in South Africa, our country of origin. The first part of the discussion relates to a claim of a trans man who gave birth to be registered as the father of the child. The legal situation in South Africa and the United Kingdom…
Towards Comprehensive Guidance for States in the African Region to respond to Children’s Rights in Emergencies, Disasters and Pandemics
The covid -19 pandemic spread has it impacted health systems, economies and communities across the African continent. It has also exacerbated risks already faced by children: limiting access to education, reducing protection from sexual and gender-based violence, harmful traditional and cultural practices including child, early or forced marriage ( cefm ), female genital-mutilation ( fgm ); and further limiting access to reproductive services and…
Safeguarding Children in the Developing World—Beyond Intra-Organisational Policy and Self-Regulation
Safeguarding in the context of development and humanitarian assistance has received heightened international attention since 2018. Emerging literature has not yet investigated the extent to which responses are evolving in the best interests of the child, in line with the treaty-based rights of children. This article makes a unique contribution to scholarship by applying a child rights lens to safeguarding efforts in the aid sector with a focus on…
Regional Frameworks for Safeguarding Children
This article discusses the safeguarding movement in the context of child protection. After providing it's key principles and precepts, the relevant provisions of the African Charter on the Rights and Welfare of the Child which link to safeguarding are stipulated, as well as a brief description given of the mandate of the African Committee of Experts on the Rights and Welfare of the Child. Some aspects of the practical working methods of the Commi…
A maturing manifesto
This article represents the next in a series of five-year overviews of children’s rights in the courts in South Africa. Using the Convention on the Rights of the Child and the African Charter on the Welfare of Children as a point of departure, the study suggests that it is in the public sphere that children’s rights have had their most impact in the period under review. The article highlights eight areas of distinction in this five-year period: t…
Ratification of the United Nations Convention on the Rights of the Child
(1995). Ratification of the United Nations Convention on the Rights of the Child: Some Implications for South African Law. South African Journal on Human Rights: Vol. 11, No. 3, pp. 401-420
Cases and Comments
Cases and Comments
The Death Penalty in the Cape Provincial Division
This article presents the data that we collected in four tables. These are explained in the first section below. The second part of the article \nexamines three issues that emerge from the data. First, we note the disparity in the use of the death penalty by individual judges and argue that, in part at least, this must be attributed to the personal disposition of judges. Then we examine the figures relating to appeal procedures and conclude that …
Ratification of the United Nations Convention on the Rights of the Child
(1995). Ratification of the United Nations Convention on the Rights of the Child: Some Implications for South African Law. South African Journal on Human Rights: Vol. 11, No. 3, pp. 401-420
Of Newborns and Nubiles
A Commentary on the United Nations Convention on the Rights of the Child
Exploring the Domestication of the CRC in South African Jurisprudence (2002-2006)
South Africa commenced transition to a constitutional democracy with the adoption \nof an interim constitution in 1994, followed by national elections based, for \nthe fi rst time, on universal adult suffrage. A justiciable Bill of Rights, containing \nsome rights accorded to children, was at the core of our new society based on \nvalues of dignity, equality and respect for the freedom and security of the person, \nin sharp contrast to the violen…
A Dutiful Child
Each right has a corresponding duty. The African Children's Charter, under article 31, imposes a range of duties on children. Understandably, it could become contentious when an instrument on the rights and welfare of children expressly imposes duties on them. After setting the platform for discussion by highlighting international experiences and outlining the African concept of human rights, this article critically examines and attempts to clari…
Does the Differential Criterion for Vesting Parental Rights and Responsibilities of Unmarried Parents Violate International Law? A Legislative and Social Study of Three African Countries
The right to non-discrimination for all children is established in international human rights law. International children's rights law further provides for the common responsibility of parents for the maintenance of their children. African customary law and common law have always made a distinction between children born in and out of wedlock so far as the duty to maintain them is concerned. The resilience of this customary and common law approach…
A maturing manifesto
This article represents the next in a series of five-year overviews of children’s rights in the courts in South Africa. Using the Convention on the Rights of the Child and the African Charter on the Welfare of Children as a point of departure, the study suggests that it is in the public sphere that children’s rights have had their most impact in the period under review. The article highlights eight areas of distinction in this five-year period: t…
Regional Frameworks for Safeguarding Children
This article discusses the safeguarding movement in the context of child protection. After providing it's key principles and precepts, the relevant provisions of the African Charter on the Rights and Welfare of the Child which link to safeguarding are stipulated, as well as a brief description given of the mandate of the African Committee of Experts on the Rights and Welfare of the Child. Some aspects of the practical working methods of the Commi…
KOS v Minister of Home Affairs and its relevance to the law of marriage in South Africa
This article reviews the applications of three transgender persons to have their new identificatory details recorded in the relevant population registry, and to have suitably adjusted identity documents issued in consequence.However, the law of marriage seemed to stand in their way.Related issues have been raised in foreign courts, which are discussed in the second part of this article.It is argued that, although the decision in KOS v Minister of…
Safeguarding Children in the Developing World—Beyond Intra-Organisational Policy and Self-Regulation
Safeguarding in the context of development and humanitarian assistance has received heightened international attention since 2018. Emerging literature has not yet investigated the extent to which responses are evolving in the best interests of the child, in line with the treaty-based rights of children. This article makes a unique contribution to scholarship by applying a child rights lens to safeguarding efforts in the aid sector with a focus on…
Sideswipes and Backhanders
This article reviews the abolition of the defence of reasonable chastisement by the South African Constitutional Court on the grounds that it infringes the Constitution. After detailing the history of the abolition of corporal punishment in a democracy with the Constitution as supreme law, the article dissects the reasoning of the Constitutional Court. It argues that judgment in Freedom of Religion South Africa v Minister of Justice and Constitut…
Mothers and others
The review concerns the position of the identification as ‘mother’ or ‘father’ of trans persons who give birth. This matter has occupied courts in the United Kingdom, Germany, Brazil and Sweden recently, and could well arise in South Africa, our country of origin. The first part of the discussion relates to a claim of a trans man who gave birth to be registered as the father of the child. The legal situation in South Africa and the United Kingdom…
Towards Comprehensive Guidance for States in the African Region to respond to Children’s Rights in Emergencies, Disasters and Pandemics
The covid -19 pandemic spread has it impacted health systems, economies and communities across the African continent. It has also exacerbated risks already faced by children: limiting access to education, reducing protection from sexual and gender-based violence, harmful traditional and cultural practices including child, early or forced marriage ( cefm ), female genital-mutilation ( fgm ); and further limiting access to reproductive services and…
Political science (15 works) · Law (13 works) · Law (11 works) · Human Rights and Development (9 works) · Legal Issues in South Africa (8 works) · Human rights (7 works) · Sociology (7 works) · Ethics and Legal Issues in Pediatric Healthcare (5 works) · Medicine (5 works) · Convention on the Rights of the Child (4 works)