This study focuses on situating children in divorce mediation in South Africa and Australia. This study investigates how South Africa and Australia have domesticated and are implementing relevant international laws and policies that allows hearing the voices of children in divorce mediation. This study found that South Africa and Australia do not have specific legislation that provides hearing in the child's voice in divorce mediation. However, the Australian government funds on-going research to improve the hearing of a child's voice in divorce mediation. Aided by government funding, Australia has developed unique techniques to listen to the child's voice during divorce mediation. The special priority afforded to children’s rights in South Africa and Australia is justified under the Capabilities approach cost-effectiveness principle because it prevents a spiralling need for state intervention later in the lives of its citizens. Some of the techniques used by the Australian government go beyond the requirements of the UNCRC and ACRWC. For example, some FRCs employ technology to screen for child abuse before hearing a child's voice in divorce mediation. Like the Office of the Family Advocate in South Africa, FRCs use a teamwork approach where child consultants and mediators work together to listen to the child's voice during divorce mediation.
This article delves into the regulatory loopholes that enable media to disregard the laws and the regulations regarding adult content in Kenya. The concern is whether in terms of implementation, the existing regulatory regime governing broadcast media in Kenya adequately protect children from adult content. The researchers first analyse the sexual content broadcast in Kenyan radio, television, music and video, news and advertisement; and the extent to which the regulatory framework is effective or otherwise. Thereafter, the impediments to effectiveness of the implementation of regulatory framework are evaluated. Lastly, the conclusions are drawn with recommendations based on the results. The findings reveal that Kenyan media houses regularly air sexually explicit programs during the day in complete disregard of media laws. Evidence presents insufficient independence of the regulatory bodies due to the manner in which appointments of officials are made. Moreover, the fact that many of the leading media houses are owned by prominent politicians isa major impediment to the implementation of a child protective broadcast framework in Kenya. The findings also show that there is confusion about the process that a complainant should follow in Kenya; a situation that has not been challenged by Kenyans, probably due to the lack of media literacy in the country. The researchers recommended option of a single independent media regulatory body so as to ensure effectiveness in the regulation of adult content in Kenya. Further, the established body should adopt a clear and consistent rating system and installing V-chips in television sets. This way, the parents, the media and the regulatory bodies will participate in the regulation making and this will mean it will be more effective than it is currently.
The study's objective was to identify children's rights in Juvenile Justice System. The research has been done on the assumption that there are gaps in juvenile laws. The study was based on a desktop research method where both primary and secondary sources of information were utilised. Children in conflict with the law are protected under various legislations both domestically, regionally and internationally, which provides for their rights within the administration of justice. However, Kenya's legal framework has not adequately protected juveniles who come into contact with the law as is a requirement. In conclusion, the study has discovered that laws enacted have gaps, and thus this forms the main reason behind the violation of children's rights within the justice system; if this is not addressed in time, children in conflict with the Law will continue to suffer in several ways. The judicial Service Commission should develop clear guidelines for the courts on how children in conflict with the Law should be handled. There should also be specially trained Legal officers responsible for hearing and determining children's cases. Law Society of Kenya should encourage Advocates and Activists to represent children who are unable to cater for legal fees on a pro bono basis. This should be a requirement for renewals of practising licenses.
This study explores instances of abuse of juveniles in the juvenile justice system. Children in conflict with the law are protected under various legislations both domestically, regionally and internationally which provides for their rights within the administration of justice. However, Kenya’s legal framework has not adequately protected juveniles who come into contact with the law as is a requirement. The research has been made on the assumptions that there are gaps in juvenile laws. There are also specific instances of juvenile abuse within the juvenile justice system. The study was based on desktop research method where both primary and secondary sources of information have been utilised. The study revealed that children in conflict with the Law faces a number of human rights abuses and violations at various stages once they come into contact with the law and this is counterproductive to the international requirements, objectives and standards of an efficient. The study recommends that there should be a special police unit, trained on how to deal with children in conflict with the Law to reduce cases of police brutality and violence against juveniles. The study also recommends that further research should be done on the topic.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.
customersupport@researchsolutions.com
10624 S. Eastern Ave., Ste. A-614
Henderson, NV 89052, USA
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Copyright © 2025 scite LLC. All rights reserved.
Made with 💙 for researchers
Part of the Research Solutions Family.