Child Abuse Research in South Africa - Volume 17, Issue 1, 2016
Volume 17, Issue 1, 2016
Source: Child Abuse Research in South Africa 17, pp 1 –9 (2016)More Less
The interface between psychiatry and the law has become common place. Reliance on psychiatry has certainly conduced to more informed court decisions to which it deserves high praise. With specific regard to Post- Traumatic Stress Disorder (PTSD), a host of court decisions abound on the critical role that PTSD-evidence has played in informing court decisions over the years. The role of PTSD-evidence, however, remains at its crawling stages in child sexual abuse (CSA) cases despite the potential it bears in effectively prosecuting these cases. This article draws on randomly selected CSA judgments to offer insight on the exact place and role of PTS Devidence in CSA prosecutions.
An assessment of youth sex offender empathy levels for general victims of child-on-child sexual abuseSource: Child Abuse Research in South Africa 17, pp 10 –23 (2016)More Less
The purpose of this article is to focus on youth sex offenders' empathy for victims of child-on child sexual abuse. In a recent study conducted by Coetzee (2015), the quantitative research results indicate that although some of the youth sex offenders who participated in the study showed empathy towards a general victim of child-on-child sexual abuse, certain empathy deficits were displayed. Following the completion of the questionnaires, in-depth information was obtained regarding the youth sex offenders' thoughts pertaining to a sex abuse victim portrayed in a case study. An overview of some of their responses will be discussed in this article.
Author Annamagriet De WetSource: Child Abuse Research in South Africa 17, pp 24 –35 (2016)More Less
South African learners are often subjected to harassment, bullying and other forms of victimisation and abuse in schools. A duty rests of educators, schools and the Department of Basic Education to provide and maintain safe school environments that are free from harassment, bullying and other forms of victimisation and abuse. Having a clear understanding of the concepts that describe different forms of bullying and harassing behaviour can be regarded as one of the key-measures for preventing and addressing harassment, bullying and other forms of victimisation and abuse in schools is. Without a clear understanding of each of the concepts as well as what behaviour constitutes each form of misconduct, educators will be unable to identify and act on harassment and bullying when it occurs. However, a great variety of definitions and conceptualisations exist for bullying and harassment. Moreover, the Protection from Harassment Act came into effect in 2013, highlighting the need for a clear conceptualisation of harassment and related concepts within the school setting. This article analysed legal documents as well as theoretical conceptualisations of harassment, sexual harassment and bullying in an attempt to provide a clear conceptualisation that will aid schools to identify behaviour that amounts to harassment or bullying. Differences between the respective concepts as well as differences between permitted and prohibited behaviour received particular attention with a view to aid educators and schools in understanding which behaviour constitutes bullying and which behaviour constitutes harassment, including sexual harassment. The article concludes with guidelines for handling harassment and bullying in the school environment.
Source: Child Abuse Research in South Africa 17, pp 36 –48 (2016)More Less
Exposure to interpersonal violence during childhood has been found to be associated with a range of traumatic re-enactment behaviours including: perpetration: in which the individual is more likely to subsequently go on to victimise others; revictimisation: in which the individual faces a greater risk of exposure to subsequent interpersonal violence, and self-harm: in which victimised individuals face a greater risk of subsequently inflicting harm on themselves. This articles reviews empirical literature on traumatic re-enactment behaviours that has been published over the past 30 years. Findings from the review are presented in three parts: (a) forms of traumatic re-enactment, (b) traumatic antecedents to re-enactment behaviours, and (c) factors which have been found to mediate/moderate the association between developmental trauma and re-enactment behaviours. The paper concludes by considering the implications of the literature reviewed for future research, theory, and practice.
Author Thabiso Donald MatshabaSource: Child Abuse Research in South Africa 17, pp 49 –57 (2016)More Less
Children with incarcerated fathers experience diversity of challenges, including coping with the loss of their fathers, environmental disruption, poverty, stigmatisation, health problems and the contact with their fathers during incarceration. Although the United Nations Convention of the Rights of Child emphasises the need to protect children from any discrimination, those with incarcerated fathers are often overlooked. Despite the fact that the majority of sentenced inmates in South Africa are male and most of them are fathers with parenting responsibility, their children tend to have been out of sight and out of mind of the non-governmental organisations, criminal justice practitioners and the research community. Parental incarceration also increases the risk that children will experience later behavioural and emotional problems, have troubles in school, and become involved in the juvenile and criminal justice system. Furthermore, their relationship with their fathers has been neglected and their own voices are seldom represented. Therefore, this paper will attempt to establish the challenges, experiences and perceptions of children with incarcerated fathers with the intention of understanding the above indicated issues for the promotion of further research and the possible development of policies that will promote the protection of their rights in South Africa.
Author Musa Njabulo ShongweSource: Child Abuse Research in South Africa 17, pp 58 –67 (2016)More Less
The paper critically analyses the domestication and application of the UNCRC in the Swaziland legal system. Since ratifying the UNCRC in 1995, the Swaziland government has made great strides with respect to child protection through domesticating the Convention under the new Constitutional dispensation, new statutes, and government policies. Even though Swaziland's track record on implementation of human rights treaties is generally poor, today Swaziland can boast of a credible set of laws aimed at the protection of children's rights. However, the processes of domesticating and implementing the core provisions of the UNCRC have been complicated and delayed by divergent national legislation, conflicting cultural values, and the lack of a clear definition of some rights. The law in action has also encountered challenges from traditional law and cultural practices that disregard the rights of the child. While this paper celebrates the positive impact of the UNCRC on child rights protection laws in Swaziland, it also analyses the factors that persistently act as an opposition to the effective implementation and realization of the rights guaranteed by the UNCRC. The paper therefore analyses the legal framework and practice with particular reference to the four pillars of child rights protection: the best interest of the child, non-discrimination, and the right to life, survival and development, as well as respect for the views of the child. The paper finally argues that the ever important view harmonising national legislation so that it is in line with the UNCRC must not be lost. It also suggests means of balancing the claims of culture with those of international human rights law. The paper highlights the need to discourage any custom, tradition, cultural or religious practice that is inconsistent with the rights, duties and obligations contained in the UNCRC.
Application of the UN Convention on Rights of the Child to young carers in the United States : US policies in international contextSource: Child Abuse Research in South Africa 17, pp 68 –81 (2016)More Less
Approximately 1.4 million young children under the age of 18 in the United States provide some measure of care to a parent or ill family member. These "young carers" in the United States are an isolated group, with no state or national policies providing support or care, in contrast to the numerous programs for adult caregivers in the United States. In the absence of any support programming, this paper examines United States young carers within a rights context, focusing on rights defined by the UN convention on the rights of the child (UNCRC). The paper examines how the conventions and policies are applied to other countries including the UK, Australia, Canada and South Africa, and can be used to support the development of services, policies and legislation targeting the rights of young carers in the United States. An analysis of the UNCRC found several articles pertaining to young carers. Article 19 provides for the right to be protected from violence, abuse, neglect, and exploitation; Article 9, on the need to keep young carers with their parents; Article 17, on addressing the role media can play in raising awareness of young carers; Article 28 underscores the right to do well in school, and is vital to young carers whose schoolwork frequently suffers as a result of care-giving duties; Article 31 addresses rest and leisure, underscoring the right to have down time and rest from their care-giving lives; and finally, Article 32 recognizes the right of the child to be protected from economic exploitation and the need to provide financial support for young carers. The United States pays little to no attention to young carers. Thus, basing young carer needs within a rights based framework, including those used by other countries, may provide the backing for the development and creation of support policies across the United States for an isolated, underserved population.
Integration of interpreters in social work interventions with child victims of transnational trafficking : proposed guidelinesAuthor Ajwang WarriaSource: Child Abuse Research in South Africa 17, pp 82 –92 (2016)More Less
The exploitation of children through trafficking is a growing concern worldwide and in South Africa. Children, who have been trafficked, transnationally, usually do not speak the language(s) of the country of transit and/ or destination and are therefore likely to require the services of an interpreter to access psychosocial services and receive appropriate care and protection from social workers. This article draws on existing sources of information as part of a document study. Guidelines have the potential to provide valuable and crucial tools to social workers as they respond to managed care interventions. The guidelines presented focus on locating a suitable interpreter, preparing before the therapeutic session and debriefing after the session. The guidelines presented are based on trust, mutual understanding and respect for the contribution that each (social worker and interpreter) brings during the intervention process. The article concludes that equality of access to psychosocial services is crucial and interpretation services ensure that social work is inclusive, accessible, appropriate and culturally sensitive to child victims of transnational trafficking.