Duration: The short learning programme is 12 months in duration. 2 compulsory and 1 elective module are offered in the first semester (or registration intake) and 2 elective modules in the second semester (or registration intake).
Language medium: English
Target group:
Social auxiliary workers, child and youth care workers, youth development workers, educators and teachers, psychologists, social workers, social service professionals, police officers, nurses, paralegals, legal practitioners, correctional offices, members of the allied health professions, mental health practitioners, academics, home affairs officials, international organization for migration, probation officers, child justice practitioners, criminologists, victimologists, students and graduate professionals.
Admission requirements:
Formal qualification at NQF level 7 or;
Successful completion of the Programme in Fundamental Aspects of Childrenﾾ's Rights through Unisa.
Registration periods:
Semester 1: Application and registration close on the 27th of February
Semester 2: Application and registration open on the 5th of June and closes on the 14th of July
Course leader details:
Professor H de Ru
Private Law
Tel: 0124298371
Email: deruh@unisa.ac.za
Programme administrator:
Admin Officer
Unisa Centre for Lifelong Learning
360 Lillian Ngoyi Street, Pretoria Central
Solomon Mahlangu Building 2nd floor
Tel: 012 352 4288
Email address: UCL@unisa.ac.za
Application Link: www.unisa.ac.za/applyslp
Purpose statement:
In relation to the background sketched above this SLP seeks to:
Inculcate a culture of rights-based practice amongst professional persons, bodies and entities that have a direct or indirect working relationship with children.
To establish an advanced programme which caters for MIT knowledge generation and application in the field of children s rights that draws from various disciplines to ground its theory. This seeks to satisfy the South African approach to national and millennium development goals.
Modules:
ADVC10J - Selected aspects of child health care from the perspective of the medical practitioner and the health researcher
Syllabus/Content:
Duties of health care providers towards child patients
(considering the provisions of the Children's Act and the National Health Act).
Ethical rules governing treatment of child patients
A brief consideration of the disciplinary procedures at the Health Professional Council of South Africa for alleged unprofessional conduct.
Duties of health researchers towards children involved in therapeutic and non-therapeutic research (considering the provisions of the Children's Act and the National
Health Act
Ethical governing therapeutic and non-therapeutic rules research carried out on children
The relevant ethical guidelines of the South African Medical Research Council and the Health Professions Council of South Africa
Helsinki Declaration and specific provisions regarding research on children.
The ethical dilemmas raised by clinical drug trials involving children
Ethical issues in genetic testing and screening of children
Potential liability of health care providers in the context of providing healthcare to child patients (consequences of disregarding a child's consent or failure to obtain consent).
Brief introduction to the possible liability of medical practitioners in actions on wrongful pregnancy, birth and life.
Criminal and civil liability in the context of treating children.
Potential liability of health researchers in the context of carrying out therapeutic and non-therapeutic research on children (consequences of disregarding ethical guidelines on human research).
ADVC11K - Correctional services and children's rights
Syllabus/Content:
The role of the Department of Correctional Services in child justice.
Children in remand custody.
Sentenced children in correctional centres
Overview of selected correctional phenomena
ADVC14N - Educators and children's rights
Syllabus/Content:
In study unit one the legal framework of authority of educators and the specific child related duties of educators are discussed. In study unit 2, problematic areas in educator learner relationships are addressed. In study unit 3, the responsibility of the educator to create a safe school environment for the learner will be examined
ADVCHA1 - Children's Rights in the South African and International Context: Advanced Perspectives
Syllabus/Content:
The module content will comprise the following themes:
The Convention on the Rights of the Child
Impact of the CRC in Africa
United Nations framework for children's rights
The Committee on the Rights of the Child Complaints procedure in terms of the CRC
Optional Protocol on Communications procedure
The use and value of the CRC in domestic courts
Socio legal aspects of the Convention
Rule of procedure for the Convention and optional protocols
United Nations Rules for the Protection of Juveniles Deprived of their Liberty
United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules)
Guidelines for Action on Children in the Criminal Justice System
United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines)
General Comment 1 - 18 of the Committee on the Rights of the Child
The children's rights mandates of the African Union and United Nations - various themes
Exploration of cultural legitimacy in the CRC and African Charter
The African Charter on the Right and Welfare of the Child
The African Commission on Human and People's Rights
African Committee on the Rights and Welfare of the Child
Impact of the Charter in Africa
African Union framework for the protection of children's rights
The use of the African Charter in domestic courts
Socio-legal aspects of the Charter
Judicial enforcement of socio-economic rights
The Committee on the Rights of the Child Complaints procedure in terms of the African charter
Children's rights in African settings
Selected case law
Rule of procedure for the African Committee
General comment No 1 and 2
Aspects of human rights and impact litigation
Realising children's rights through civil society
Realising rights through treaty mechanisms
Child participation
Advocacy and children's rights
Monitoring, documenting and reporting children's rights
Selected aspects of children's rights: the rights of disabled children, gender rights, LGTBI rights, HIV/AIDS and rights protection, refugee law etc.
Convention on the Rights of Persons with Disabilities
Protocol to the African Charter on Human and Peoples Rights on the Rights of Women in Africa
OAU Convention governing Specific Aspects of the Refugee
Problems in Africa.
ADVCHB2 - Aspects of Development and Protection of Children
Syllabus/Content:
Stages of development and well-being of children.
Child protection in the context of child development with a focus on child development theories (cognitive, emotional and social).
Child protection in the context of children's rights as articulated in the Constitution of the Republic of South Africa.
ADVCHC3 - Commercial Sexual Exploitation of Children: Child Pornography - Advanced Perspectives
Syllabus/Content:
Paradigm perspectives on the meaning and interpretation of child pornography
Different forms and techniques of child pornography
Interfacing international and domestic law concerning child pornography and the impact of multiple legal responses
Service delivery, action plans and forensic investigation of child pornography
ADVCHD4 - Aspects of International Criminal Law and Children's Rights
Syllabus/Content:
Introduction to the mainstreaming of child protection in international criminal law
Ad hoc International Criminal Tribunals and Child Protection
The Rome Statute of the International Criminal Court
Elements of Crimes under the Rome Statute
Child Protection and the Office of the Prosecutor
Child Protection and the Bench of the ICC
Child Witnesses
International crimes against child civilians
Offences that are dependent on the age of the victim:
Genocide: the forcible transfer of children from one group to another
Crimes against humanity: enslavement
Offences that are not dependent on the age of the victim:
Child victims of sexual offences
Child victim of general offences
International crimes against child soldiers
International Humanitarian Law and the Prohibition of Child Soldiering
Conflict classification and the prohibition of child soldiering
The enlistment of children
The conscription of children
The use of children
The emerging jurisprudence on child soldiering
The legal liability of children for international crimes
The 'active agent' versus 'passive victim' debate
Age of criminal capacity
Adult perpetrators who were child soldiers:
Legal liability during municipal prosecutions for international crimes
Procedural safeguards
ADVCHE5 - Cyber-Crime and the Protection of Children
Syllabus/Content:
The legal framework for cybersecurity in South Africa, SADC, African Union and at an international level.
ADVCHF6 - Children's rights in the comparative context
Syllabus/Content:
This module relies on various international treaties, convention and protocols as well as South African domestic law. The module is specific to the country wherein the student resides or would like to conduct research. The module asks the student to compare the position in a jurisdiction of choice with regard to:
Convention on the Rights of the Child
African Charter on the Rights and Welfare of a Child
Domestic Constitutions or statement of fundamental rights
Status issues and matters incidental thereto.
ADVCHG8 - Probation Officers and Children's Rights
Syllabus/Content:
The Department of Social Development's child protection mandate
The role of social workers in the protection of vulnerable children
The role of probation officers in the protection of vulnerable children
Probation
Probation Advisory Committee
Probation officers
Assistant probation officers
Child justice probation (duties in the child justice process)
ADVCHI9 - Children and status issues: advanced perspectives
Syllabus/Content:
1. The concept of a child's status in private law
2. Factors influencing a child's status
3. Infants
3.1 Legal capacity
3.2 Capacity to act
3.3 Capacity to litigate
4. Minors
4.1 Legal capacity
4.2 Capacity to act
4.2.1 Agreements in respect of which a minor has full capacity to act
4.2.2 Agreements in respect of which a minor has limited capacity to act
4.2.2.1 The legal implications of agreements binding on a minor
4.2.2.2 The legal implications of agreements not binding on a minor
4.2.3 Agreements in respect of which a minor has no capacity to act
5. Selected aspects relating to children and their status
6. Delictual liability
7 An overview of a child's status in criminal related matters
7.1 Criminal capacity of infants and minors in terms of the Child Justice Act 75 of 2008
7.2 The impact of a child's status in sexual offences and related matters in terms of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007
8. Status-related case law