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
- Full Text:
- 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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Enforced sojourn: Zimbabwean dispensation, special and exemption permits
- Authors: Maziyanhanga, Zvikomborero
- Date: 2023-03-30
- Subjects: Citizenship , Immigrants South Africa , Residence permit , Foreign workers, Zimbabwean South Africa , Discrimination , Emigration and immigration law South Africa
- Language: English
- Type: Academic theses , Master's theses , text
- Identifier: http://hdl.handle.net/10962/408913 , vital:70537
- Description: This thesis investigates Zimbabwean’s immigration to South Africa. Zimbabwean’s immigration to South Africa dates back to the early 2000s. This thesis uses a combination of theories to interrogate and discuss the Zimbabwe special permits and some of the post-apartheid government’s amendments to the South African Citizenship Act and other immigration policies. Some of the theories that theoretically underpin this research project’s methodology include Marxism, Pan-Africanism, Liberalism and culture-based theories. This thesis interrogates the discursive strategies these permits draw on to frame and understand Zimbabwean immigrants in South Africa. This study has found that these permits use similar operating logic as the White South African governments used the migrant labour system to exploit Blacks from all of Southern Africa in the 20th century. For instance, the migrant labour system used during apartheid made all Blacks in South Africa “guest workers” who could be deported at the government’s whim. The apartheid government used racist pass laws to regulate the movement of Black people in South Africa, whereas the post-apartheid government uses Zimbabwean special permits to regulate the movement of Zimbabweans in South Africa. The pass laws were fundamentally racist, and their ultimate objective was to reinforce the idea of White citizenship, whereas the Zimbabwe special permits are not racist. Their colonial similarity, however, lies in how they make Zimbabwean migrants perpetual migrants in South Africa and the various ways in which they cast Zimbabweans as not deserving of South African citizenship. These special permits force Zimbabwe migrants to become “guest workers” who build the post-apartheid economy and then return home when they are no longer “useful” to the economy. This thesis concludes that the post-apartheid Zimbabwe special permits achieve analogous objectives. , Thesis (MA) -- Faculty of Humanities, Political and International Studies, 2023
- Full Text:
- Authors: Maziyanhanga, Zvikomborero
- Date: 2023-03-30
- Subjects: Citizenship , Immigrants South Africa , Residence permit , Foreign workers, Zimbabwean South Africa , Discrimination , Emigration and immigration law South Africa
- Language: English
- Type: Academic theses , Master's theses , text
- Identifier: http://hdl.handle.net/10962/408913 , vital:70537
- Description: This thesis investigates Zimbabwean’s immigration to South Africa. Zimbabwean’s immigration to South Africa dates back to the early 2000s. This thesis uses a combination of theories to interrogate and discuss the Zimbabwe special permits and some of the post-apartheid government’s amendments to the South African Citizenship Act and other immigration policies. Some of the theories that theoretically underpin this research project’s methodology include Marxism, Pan-Africanism, Liberalism and culture-based theories. This thesis interrogates the discursive strategies these permits draw on to frame and understand Zimbabwean immigrants in South Africa. This study has found that these permits use similar operating logic as the White South African governments used the migrant labour system to exploit Blacks from all of Southern Africa in the 20th century. For instance, the migrant labour system used during apartheid made all Blacks in South Africa “guest workers” who could be deported at the government’s whim. The apartheid government used racist pass laws to regulate the movement of Black people in South Africa, whereas the post-apartheid government uses Zimbabwean special permits to regulate the movement of Zimbabweans in South Africa. The pass laws were fundamentally racist, and their ultimate objective was to reinforce the idea of White citizenship, whereas the Zimbabwe special permits are not racist. Their colonial similarity, however, lies in how they make Zimbabwean migrants perpetual migrants in South Africa and the various ways in which they cast Zimbabweans as not deserving of South African citizenship. These special permits force Zimbabwe migrants to become “guest workers” who build the post-apartheid economy and then return home when they are no longer “useful” to the economy. This thesis concludes that the post-apartheid Zimbabwe special permits achieve analogous objectives. , Thesis (MA) -- Faculty of Humanities, Political and International Studies, 2023
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