TY - JOUR AU - Couzens, Meda PY - 2018/01/29 Y2 - 2024/03/28 TI - Le Roux v Dey and Children's Rights Approaches to Judging JF - Potchefstroom Electronic Law Journal JA - PER VL - 21 IS - 0 SE - Articles DO - 10.17159/1727-3781/2018/v21i0a3075 UR - https://perjournal.co.za/article/view/3075 SP - 1-27 AB - <p>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 <em>Le Roux v Dey</em> 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.</p><p><img src="/public/site/images/bontle-1813/Google_Scholar5.png">&nbsp; <img src="/public/site/images/bontle-1813/ScienceOpen_Log0343105.png"></p> ER -