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The impact of an interim protection order (Domestic Violence Act 116 of 1998) on the victims of domestic violence
- Authors:
- VOGT Tertia, GREEFF Abraham P.
- Journal article citation:
- Families in Society, 91(1), January 2010, pp.45-51.
- Publisher:
- The Alliance for Children and Families
The South African Government aimed to protect women from violence through the implementation of the Domestic Violence Act 116 of 1998. The interim protection order (IPO) is the practical tool and legal document of the act, and is supposed to protect victims until a permanent protection order is granted. The primary objectives of this study were to determine the impact of the IPO on the nature and extent of domestic violence, the general well-being of the victims of domestic violence, and the efficiency of the application procedure for the IPO. An empirical study was conducted from June 2004 to December 2004 in the Western Cape; 884 participants applying for IPOs for the first time were the experimental group and 125 participants who had experienced domestic violence but had not applied for protection orders were the control group. Qualitative and quantitative data was gathered using a series of questionnaires. The results indicated that the IPO had a significant impact on certain aspects of physical, psychological, and social well-being and in some areas of domestic violence. It did not have a significant impact on the participants’ experiences of their personal, communal, environmental, and transcendental well-being. The application procedures were found to be satisfactory in most areas.
A new children's act for South Africa: making it work for children and families
- Author:
- SEPTEMBER Roseline
- Journal article citation:
- Social Work Maatskaplike Werk, 44(2), June 2008, pp.143-158.
The apartheid state's brutality perpetrated against black children and young people during the 1970s and 1980s focused both national and international attention on the plight of South Africa's children. Today, the post-apartheid government's extraordinary focus on children's rights can be attributed to the sustained social mobilisation and relentless efforts of child rights activists. This paper discusses the role of these activists in developing the new Children's Act, 38 of 2005. It highlights the centrality of the objectives and values inherent in the legislation and discusses issues and obstacles which may impede the implementation of the Act.
Lay forums in child welfare
- Author:
- SCHMID J.
- Journal article citation:
- Social Work Maatskaplike Werk, 43(1), March 2007, pp.41-55.
There are two broad traditions of working with families within Western systems of child welfare: consensual approaches within the "family service" and "community care" models, and adversarial approaches in the "child protection" model. South African child welfare falls primarily into the latter category. There is some agreement that conflict-based approaches limit the effectiveness of child welfare outcomes for both service users and providers. Strategies which promote consensual decision-making are increasingly being sought, this is reflected in the new South African Children's Act (2005), which makes provision for the use of lay forums in particular situations. This article discusses the use of these "intermediary structures" in Western child welfare systems and critiques the provisions made for their use in the Children's Act (2005). The author argues that lay forums can make an important contribution to child welfare in South Africa.
Listening to the child's voice in the family setting: from aspiration to reality
- Author:
- SUTHERLAND Elaine E.
- Journal article citation:
- Child and Family Law Quarterly, 26(2), 2014, pp.152-172.
- Publisher:
- Jordan Publishing
Intentional effort to ensure compliance with Article 12 to the United Nations Convention on the Rights of the Child, giving every child the right to be heard in all matters is having an impact. This article addresses the child's voice in the family setting, exploring the benefits of listening to children and young people and the obstacles to doing so. It considers the mechanisms by which children's participation rights can be secured in that setting and and, using the lens of the Finnish, South African and Scottish experiences, excamines whether legislative privisions requiring parents and other caregivers to listen to children are effective. It concludes that culteralnorms play a larger part in influencing behaviour than legilsation and that legislaiton alone may not be enough, particularly where it is at odds with deep-seated cultural values. (Edited publisher abstract)
Cluster foster care: a panacea for the care of children in the era of HIV/AIDS or an MCQ?
- Authors:
- GALLINETTI Jacqui, SLOTH-NIELSEN Julia
- Journal article citation:
- Social Work Maatskaplike Werk, 46(4), October 2010, pp.486-495.
The South African Children’s Act 38 of 2005 is arguably the first legislative instrument internationally to provide for cluster foster care. This article provides an analysis of existing law and policy relating to cluster foster care in South Africa. Cluster foster care is described as a scheme which provides a grouping of caregivers who are linked together to provide mutual support in the care
Elder abuse and neglect in South Africa: a case of marginalization, disrespect, exploitation and violence
- Authors:
- FERREIRA Monica, LINDGREN Pat
- Journal article citation:
- Journal of Elder Abuse and Neglect, 20(2), 2008, pp.91-107.
- Publisher:
- Taylor and Francis
- Place of publication:
- Philadelphia, USA
Elder abuse and neglect are widespread in South Africa but the definition of abuse remains problematic: while some types of abuse fit with Western typologies, others (such as the rape of women by sons and grandsons to extort pension money, or accusations of witchcraft to seize assets) do not. An expanded typology is thus needed, which takes account of cultural and racial differences. The history of awareness of elder abuse is briefly reviewed, together with legislation, intervention programmes and research (which is extremely sparse). Although awareness of the problem is growing, so too is the incidence and it can be seen as part of the complex problem of chronic poverty and human rights violations of which the marginalisation, disrespect, exploitation and violent abuse of older people forms a part. (Copies of this article are available from: Haworth Document Delivery Centre, Haworth Press Inc., 10 Alice Street, Binghamton, NY 13904-1580).
Can we legislate for prevention and early intervention services for children?: an analysis of aspects of the 2002 draft Children's Bill
- Author:
- MATTHIAS Carmel R.
- Journal article citation:
- Social Work Maatskaplike Werk, 40(2), June 2004, pp.172-178.
Provides an explanation and critical analysis of prevention and early intervention provisions in the South African Law Commission's 2002 draft Bill. Evaluates the inter-sectoral approach provided for in the draft and the proposed national policy framework. Discusses innovative recommendations that would allow child and family courts to issue early intervention orders. Argues
The professional status of social work
- Author:
- LOMBARD A.
- Journal article citation:
- Social Work Maatskaplike Werk, 36(4), October 2000, pp.311-330.
Disusses how the demands for accountability in the human services continue to grow, new opportunities for the social work profession will also bring new risks. These risks will result directly in a higher demand for professional conduct which, in turn, confirms that accountability in the profession demands continual personal and professional development. This tenancy is consistent with the growing public demand for accountability from all professionals, including social workers.
Are we making progress? the 1996 Child Care Bill and some fundamental aspects of practice and procedure in the Children's Courts
- Author:
- MATTHIAS C.R.
- Journal article citation:
- Social Work Maatskaplike Werk, 32(3), August 1996, pp.242-247.
Concentrates upon three important matters affecting the functioning of the children's courts, and offers evaluations of some of the solutions put forward in the Child Care Amendment Bill of July 1995 and the Child Care Amendment Bill of 1996. These solutions are considered in the light of field research involving 53 children's courts jurisdictions in which the author participated in 1995. The issues discussed are: the child's right to be heard in the children's courts, representation for the child, and grounds for removing children form their parents.
Protection of the elderly under the constitution
- Author:
- DU PLESSIS L.M.
- Journal article citation:
- Social Work Maatskaplike Werk, 32(1), 1996, pp.45-52.
Focuses on the plight of the exploited and thereby oppressed elderly, exploring new opportunities to address their dilemma. These opportunities have presented themselves with the birth of a new (albeit transitional) constitution. Argues that their proper exploration will require planning and well-strategised efforts from those who take the plight of the maltreated elderly to heart.