Faculty of Law
Department of Private Law
Selected Highlights from Research Findings
The Centre for Child Law has taken on research in various areas and in some instances the research findings have been brought to court through the Centre's Litigation Project. The main aim of the Litigation Project is to use litigation as a tool for the furtherance of law in relation to all children. The first case involved an application on behalf of two girls, aged 12 and 13 years, for the appointment of a legal representative in terms of section 28(1)(h) of the Constitution. This application sought to establish the important right of children to have their views heard and taken seriously. Many children find themselves caught up in divorce proceedings where important issues concerning their future are resolved by their parents and the parents' legal advisors. These two girls had their own opinion on access rights, but were not successful in conveying that to the court. With the backing of article 12 of the United Nations Convention on the Rights of the Child and a similar Canadian case, the application was successful and senior counsel was assigned to represent the children. Assisted by counsel, the children then brought an application in their own names to be entered as parties in the case between their parents. The order was granted by the Supreme Court on 22 June 2004.
Contact person: Prof CJ Davel.
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