1,720,957 research outputs found
Youth, competence and punishment: Reflections on South Africa’s minimum sentencing regime for juvenile offenders
No full textIs the honeymoon over for the minimum sentencing regime for juveniles in trouble with the law? The answer must be in the affirmative. This follows the Centre for Child Law’s successful application (to the Constitutional Court) for confirmation of the High Court’s declaration that the Criminal Law Amendment Act 105 of 1997 (CLAA) is, to the extent it codifies the changes inserted into it by the Criminal Law (Sentencing) Amendment Act 38 of 2007 (the Amendment Act), unconstitutional. Minimum sentencing for certain serious offences first found its way into South African law through section 51 of the CLAA
Balancing child participation rights, parental responsibility and state intervention in medical and reproductive decision-making under South African law
No full textIncludes bibliographical references.Throughout history, the boundaries between children’s rights, parental responsibility and state intervention have been regularly redrawn. At the heart of this process is the need to recognise the separate personhood of the child and the important role played by parental guidance in the proper upbringing of children. While participation rights spring from the child’s autonomy-related claims, parental guidance and state intervention arise from the child’s need for protection, at least until the child either reaches the age of consent or attains majority status. Thus, children are now seen as holders of autonomy rights who should nonetheless be protected, by parents and the state, from personal decisions that threaten other important interests. At the international level, the separate personhood of the child has been legally reinforced by the adoption of the Convention on the Rights of the Child. This instrument entrenches non-discrimination, child participation rights, the best interests of the child and the right to life, survival and development as general principles of children’s rights. These principles have been largely domesticated in South African law and play an important role in determining how much autonomy and protection should be given to children. This study relies upon primary and secondary legal materials to explain whether international and domestic law strike an appropriate balance between children’s autonomy, parental responsibility and state intervention in decision-making
Exploring the legal means of enhancing access to essential medicines in South Africa
Get PDFThe introduction of ARVs to the care and treatment of HIV and AIDS must comply with South African patent law and international obligations under the TRIPS agreement. However, the prices of patented and/or branded drugs supplied by the manufacturers may prevent equitable access to necessary drugs for South Africans. Recent international trade agreements and the South African law provide a number of ways to address this dilemma. Therefore, if it is deemed necessary and expedient, the government may consider the implementation of measures such as voluntary licensing, compulsory licensing and parallel importation to purchase drugs at affordable and favourable prices (my emphasis)
Revisiting Minors’ Reproductive Autonomy Rights under South African Law: The Rights and Wrongs of the Choice on Termination of Pregnancy Act
No full textThis article examines the interface between children’s autonomy, parental responsibility and state intervention in reproductive decisions of a particular type, namely the termination of pregnancy. Children asserting their autonomy in reproductive decision-making often confront counterclaims of legitimate intervention by parents or guardians responsible for caring for the child. Locating the right balance between competing interests is very important because uninformed decisions, with or without the support of parents, often carry heavy consequences for the education, health and life of the pregnant child. More specifically, this article seeks to investigate the extent to which South African law protects and empowers sexually active adolescents to make decisions concerning the termination of pregnancy. This involves an analysis of the degree to which relevant legislation appropriately reconciles children’s reproductive autonomy rights–—particularly the right to terminate a pregnancy without parental consent or approval–—with parental responsibility and state intervention. Parental responsibility and state intervention embody children’s right to and need for protection (from the immaturity that characterises youth) when decisions to terminate pregnancies are made. Accordingly, this article focuses on whether or not the Choice on Termination of Pregnancy Act strikes an appropriate balance between children’s autonomy, parental responsibility and state intervention in reproductive decision-making
The best interests of the child offender in the context of detention as a measure of last resort : a comparative analysis of legal developments in South Africa, Kenya and Zimbabwe
Get PDFThis article explores the interaction between the best interests of the child and the child’s right not to be detained except as a measure of last resort. It examines the normative framework governing the scope and functions of the best interests of the child under international law and the nexus between the concept of the best interests of the child and the right not to be detained except as a measure of last resort. Using legal developments in the juvenile justice systems in South Africa, Kenya and Zimbabwe, the article demonstrates that all these countries have protected both the best interests of the child and detention as a measure of last resort in their national constitutions and, in some instances, legislation. Judges in the three jurisdictions are generally sensitive to the child rights concerned, although South African judges appear to be a step ahead of those in the other two countries. Kenyan courts appear to be following the South African example and have outlawed certain practices. The approach of Zimbabwean judges is not uniform. It is argued that Zimbabwean courts should learn from South Africa and Kenya to ensure the promotion of the best interests of the child offender and protection from arbitrary detention.http://www.tandfonline.com/loi/rjhr202021-12-12hj2021Centre for Human Right
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Get PDF“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Get PDFWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Dispelling the Myths Behind First-author Citation Counts
Get PDFWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
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