Le Roux v Dey and Children's Rights Approaches to Judging
The South African jurisprudence on the rights of children is vibrant and generally progressive, and is supported by an enabling constitutional and statutory framework. The majority decision in Le Roux v Dey 2011 3 SA 274 (CC), however, ignores the rights of children, and this is in stark contrast to some of the minority judgments in the same case. This contrast is surprising, considering that all of the judges applied the same legal framework. With reference to an emerging interest in defining children's rights approaches to judging, this article critically analyses the majority and minority judgments, and establishes their vulnerabilities and strengths as children's rights judgments. In the process, suggestions are made in relation to defining a children's rights approach to judging.
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List of Abbreviations
Cornell L Rev Cornell Law Review
CRJP Children's Rights Judgments Project
FXI Freedom of Expression Institute
IJLPF International Journal of Law, Policy and the Family
Int'l J Children's Rts International Journal of Children's Rights
RJC Restorative Justice Centre
SALJ South African Law Journal
SCA Supreme Court of Appeal
Stell LR Stellenbosch Law Review
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