南非儿童权利保护法律制度研究

发布时间：2018-05-09 12:43

本文选题：南非 + 儿童权利　；参考：《湘潭大学》2011年硕士论文

【摘要】：1989年联合国《儿童权利公约》要求对儿童权利进行特别的立法保护,并确立了儿童权利保护的基本原则——儿童最大利益原则,南非是缔约国之一。南非是非洲经济最发达的国家,是世界上儿童福利制度较完善的国家之一。自1994年民主新南非诞生以来,南非儿童权利保护立法进程加快,南非借鉴国际儿童权利保护立法先进经验,迅速推进南非儿童权利保护立法,在儿童权利保护方面作出了当今世界较为先进的规定。 1996年南非宪法确立了儿童最大利益原则,并在此基础上规定了南非儿童享有8项宪法基本权利。依据南非宪法确立的儿童最大利益原则,南非《儿童法》规定了父母与子女间的权利和义务,实行全国儿童权利保护登记册制度;在儿童收养和寄养方面也作出了较为具体和可操作的规定,同时针对南非社会存在大量非婚生子女、艾滋病儿童感染者和“流浪儿童”,就非婚生子女的权利与义务、非婚生子女父母的权利义务、非婚生子女准正以及艾滋病儿童感染者的健康保护措施,以及控制艾滋病传播方式等进行了具体明确的规定。南非儿童法还明确要求建立儿童权利保护专门机构,如设立儿童照顾、保健和社会服务机构等,负责落实法律赋予儿童的权利。南非儿童权利保护制度的完善,有效地预防和减少父母虐待儿童和忽视儿童权利保护的现象,为新成立的南非共和国的社会稳定提供了有力的法律支撑。但是,南非是一个混合法系国家,普通法与习惯法并存,南非法既有一些先进法律制度,但是仍受南非传统的习惯法影响很深,特别是种族隔离政策的“暴力文化”遗留的后遗症对南非儿童权利保护的真正落实带来很大的负面影响。今天南非是世界上强奸案发生率最高的国家,强奸案的受害者包括儿童和婴儿,使得艾滋病毒得以在少女甚至孩童中传播,进一步扩大了艾滋病毒的传播范围。尽管南非儿童的权利保护立法还有待于进一步的完善,但是从整个制度来看,南非的儿童权利保护立法是较全面先进的。因此,针对我国儿童权利保护立法的不足,我国应借鉴南非的先进立法,同时结合我国的国情,对我国的非婚生子、被父母虐待和忽视的儿童、流浪儿童以及我国的儿童服务机构的立法予以完善。
[Abstract]:The 1989 United Nations Convention on the Rights of the Child requires special legislative protection of the rights of the child and establishes the fundamental principle of the protection of the rights of the child-the principle of the best interests of the child. South Africa is one of the signatories. South Africa is the most developed country in Africa and one of the countries with perfect child welfare system in the world. Since the birth of a new democratic South Africa in 1994, the process of legislation on the protection of children's rights in South Africa has been accelerated. The protection of children's rights has made more advanced provisions in the world today. The 1996 Constitution of South Africa establishes the principle of the best interests of the child, and on this basis stipulates that children in South Africa enjoy 8 fundamental constitutional rights. (a) in accordance with the principle of the best interests of the child established in the South African Constitution, the South African Children's Act provides for the rights and obligations between parents and children and the implementation of a national register for the protection of children's rights; More specific and operational provisions have also been made in the area of child adoption and foster care, as well as the rights and obligations of children born out of wedlock, children infected with HIV / AIDS and "street children" in South African society, The rights and obligations of the parents of children born out of wedlock, the right of children born out of wedlock, the health protection measures of children infected with AIDS, and the ways of controlling the spread of AIDS are clearly stipulated. The South African Children's Act also explicitly calls for the establishment of specialized institutions for the protection of children's rights, such as child care, health and social services, which are responsible for the implementation of children's rights under the law. The improvement of the system of child rights protection in South Africa has effectively prevented and reduced the phenomenon of child abuse and neglect by parents, which has provided a strong legal support for the social stability of the newly established Republic of South Africa. However, South Africa is a country with mixed legal systems. Common law and customary law coexist. South African law has some advanced legal systems, but it is still deeply influenced by South African traditional customary law. In particular, the legacy of the "culture of violence" of apartheid has a negative impact on the real implementation of child rights protection in South Africa. South Africa today has the highest rate of rape in the world. Rape victims, including children and infants, allow HIV to spread among young girls and even children, further expanding the spread of HIV. Although the legislation on the protection of children's rights in South Africa still needs to be further improved, the legislation on the protection of children's rights in South Africa is more comprehensive and advanced in terms of the whole system. Therefore, in view of the shortcomings of the legislation on the protection of children's rights in our country, we should learn from the advanced legislation of South Africa, and at the same time combine the situation of our country, to the children who are born out of wedlock and who have been abused and neglected by their parents. The legislation of street children and our country's children's service institutions should be perfected.
【学位授予单位】：湘潭大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D947.8;DD912.1

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