Protecting stateless children in South Africa through nationality: a children’s rights approach
- Authors: Maziya, Nokwanda Takalanga
- Date: 2024-10-11
- Subjects: Citizenship , Stateless persons , Children's rights , Human rights , Sovereignty
- Language: English
- Type: Academic theses , Doctoral theses , text
- Identifier: http://hdl.handle.net/10962/466469 , vital:76733 , DOI https://doi.org/10.21504/10962/466469
- Description: This study investigates the role of nationality in protecting stateless children. Under interna-tional human rights law, all individuals, including stateless persons, are entitled to certain rights by virtue of being human. Consequently, stateless children should theoretically have access to fundamental rights such as education, healthcare, and social security, even without nationality. However, this study challenges the assumption that stateless children can access these rights merely because they are human. The study reveals that, in practice, stateless chil-dren struggle to access essential rights like education, healthcare, and social welfare without nationality. The study asserts that nationality is crucial for stateless children to access basic rights in South Africa. The study examines various treaties related to nationality and con-cludes that none impose a binding obligation on South Africa to confer nationality on state-less children. The study then draws on international children's rights principles such as the best interest of the child, the right to life, survival and development, and the right to non-discrimination to demonstrate that despite a clear obligation on South Africa in terms of trea-ty law to grant nationality to stateless, these principles, place limits on South Africa's exer-cise of sovereign power. This, in turn, makes way for granting nationality to stateless chil-dren. , Thesis (PhD) -- Faculty of Law, Law, 2024
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- Authors: Maziya, Nokwanda Takalanga
- Date: 2024-10-11
- Subjects: Citizenship , Stateless persons , Children's rights , Human rights , Sovereignty
- Language: English
- Type: Academic theses , Doctoral theses , text
- Identifier: http://hdl.handle.net/10962/466469 , vital:76733 , DOI https://doi.org/10.21504/10962/466469
- Description: This study investigates the role of nationality in protecting stateless children. Under interna-tional human rights law, all individuals, including stateless persons, are entitled to certain rights by virtue of being human. Consequently, stateless children should theoretically have access to fundamental rights such as education, healthcare, and social security, even without nationality. However, this study challenges the assumption that stateless children can access these rights merely because they are human. The study reveals that, in practice, stateless chil-dren struggle to access essential rights like education, healthcare, and social welfare without nationality. The study asserts that nationality is crucial for stateless children to access basic rights in South Africa. The study examines various treaties related to nationality and con-cludes that none impose a binding obligation on South Africa to confer nationality on state-less children. The study then draws on international children's rights principles such as the best interest of the child, the right to life, survival and development, and the right to non-discrimination to demonstrate that despite a clear obligation on South Africa in terms of trea-ty law to grant nationality to stateless, these principles, place limits on South Africa's exer-cise of sovereign power. This, in turn, makes way for granting nationality to stateless chil-dren. , Thesis (PhD) -- Faculty of Law, Law, 2024
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The obligation of South Africa to provide social security to refugees and asylum seekers during the COVID-19 pandemic
- Authors: Dekeda, Awethu Zethu
- Date: 2023-10-13
- Subjects: Social security Law and legislation South Africa , Human rights South Africa , Refugees Government policy South Africa , Political refugees South Africa , COVID-19 Pandemic, 2020- Influence
- Language: English
- Type: Academic theses , Master's theses , text
- Identifier: http://hdl.handle.net/10962/424119 , vital:72125
- Description: Covid-19 a novel pandemic, has wreaked havoc globally, threatening the livelihoods of all, including refugees and asylum seekers. Like all other countries globally, South Africa has gone to great lengths to mitigate the challenges that this pandemic has caused. However, it is far from clear whether these responses are according due regard to the rights of some of the most vulnerable in society, amongst which are refugees. This thesis deals with South Africa’s obligation to provide social security to refugees during the Covid-19 pandemic. It specifically assesses whether South Africa's responses to the Covid-19 pandemic were in adherence to fundamental refugee law principles relevant to the protection of refugees. The study commences with a general introduction, followed by an analysis of the international human rights and refugee law framework relevant to protection of refugees. This framework is used to assess South Africa’s responses. Subsequently, the discussion delves into South Africa’s own national framework on social security. Using the standards identified in both the national and international frameworks, the thesis then proceeds to measure South Africa’s Covid-19 related responses regarding social security to resolve the issue of whether South Africa adhered to these standards in as far the protection of refugees’ right to social security is concerned. , Thesis (LLM) -- Faculty of Law, Law, 2023
- Full Text:
- Authors: Dekeda, Awethu Zethu
- Date: 2023-10-13
- Subjects: Social security Law and legislation South Africa , Human rights South Africa , Refugees Government policy South Africa , Political refugees South Africa , COVID-19 Pandemic, 2020- Influence
- Language: English
- Type: Academic theses , Master's theses , text
- Identifier: http://hdl.handle.net/10962/424119 , vital:72125
- Description: Covid-19 a novel pandemic, has wreaked havoc globally, threatening the livelihoods of all, including refugees and asylum seekers. Like all other countries globally, South Africa has gone to great lengths to mitigate the challenges that this pandemic has caused. However, it is far from clear whether these responses are according due regard to the rights of some of the most vulnerable in society, amongst which are refugees. This thesis deals with South Africa’s obligation to provide social security to refugees during the Covid-19 pandemic. It specifically assesses whether South Africa's responses to the Covid-19 pandemic were in adherence to fundamental refugee law principles relevant to the protection of refugees. The study commences with a general introduction, followed by an analysis of the international human rights and refugee law framework relevant to protection of refugees. This framework is used to assess South Africa’s responses. Subsequently, the discussion delves into South Africa’s own national framework on social security. Using the standards identified in both the national and international frameworks, the thesis then proceeds to measure South Africa’s Covid-19 related responses regarding social security to resolve the issue of whether South Africa adhered to these standards in as far the protection of refugees’ right to social security is concerned. , Thesis (LLM) -- Faculty of Law, Law, 2023
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