Curriculum Vitae
University of Leiden and University of the Western Cape
CURRICULUM VITAE: Julia Sloth-Nielsen
DATE: NOVEMBER 2016
BIOGRAPHICAL SKETCH
1.1 General information
Surname
SLOTH – NIELSEN
First names
Julia Jane
ID Number
5910280041083
Citizenship
South African
Title
Prof
Female
X
Male
Place of birth
Durban, South Africa
Date of birth
28 October 1959
Population group
African
Coloured
Indian
White
X
Other
(Please specify)
Department
Public Law and Jurisprudence (UWC); Department of Child Law (Leiden)
Position
Professor
Direct Telephone
Direct Telefax
N/A
E-mail
JSloth-Nielsen@uwc.ac.za
Date of appointment
1 January 1995
Permanent full-time
X
Temporary full-time
1.2 Academic qualifications obtained
Degree/
Diploma
Field of study
Higher education institution
Year
LLD
Law, International Law, Child Justice
.
University of the Western Cape
2001
LLM
Law (criminology)
University of Cape Town
1987
BALLB
Law
University of Stellenbosch
1981
1.3 Work experience to date
Name of employer
Capacity and/or type of work
Period
From mm//yy to mm//yy
University of Leiden
Professor of Children’s Rights in the Developing World
August 2013 - present (part time): appointment until 31 July 2018
University of the Western Cape
Senior professor (and Dean from January 2009 - December 2013), teaching Children’s Rights, Child Justice, International Family Law, Advanced Family Law, Welfare Law, an elective in Comparative Criminal Justice: RSA and USA, and aspects of refugee law.
January 2001- present
Children’s Rights Project, Community Law Centre, UWC
Project Manager
July 1994 - December 2000
University of Cape Town
Lecturer: teaching Criminal Procedure, Criminology; specific offences; aspects of the law of evidence
Aug 1987 – December 1990
University of Stellenbosch
Lecturer: taught Criminal Procedure, Law of Evidence; specific offences and Conflict of Laws
1983 – July 1987
Department of Justice
Public Prosecutor
1982 - December 1983
TEACHING ACTIVITIES
Courses presented
Course
Level (e.g. second year, Masters)
Self developed
(Yes or No)
LLM modules in Children’s Rights, International Family Law
Masters (UWC)
Yes
The Child in Private International Law (module);
Children’s socio economic rights with a focus on health, education and social security (module); Enforcement of Children’s Rights (part of module)
Advanced LLM in children’s rights (Leiden)
Yes
LLB elective in Child Justice
Final year LLB (UWC)
Yes
Advanced Family Law
Final Year LLB (UWC)
Some lectures
Welfare Law
B Social Work (UWC)
Yes
Refugee and immigration law (final year LLB elective)
LLB final year
Some lectures
Comparative Criminal Justice
LLB final year and law students from the University of Missouri
From 2005-2015
Criminal Law (specific offences), Evidence, Criminal Procedure, Criminology
LLB (and LLM at UCT)
From 1983-1990
Some other educational and pedagogical university courses presented
Course
Year
Institution
LLM Child Law
2014
Moi University, Kenya
AJEI
2016
UCT (training of judges from 10 African countries on children’s rights)
Frontiers of Children’s Rights Africa
Leiden summer school 2013, 2014, 2015, 2016
University of Leiden
Children’s Rights in African context
2013, 2014, 2015, 2016
University of Pretoria summer school
Juvenile Justice
2011, 2014
Institute Kurt Bosch, Switzerland, and University of Fribourg, International MA in Children’s Rights
HIV Aids and the Rights of the Child
2010, 2013, 2014
University of Pretoria
Child Justice for Aspirant Magistrates
2004, 2005, 2013
Department of Justice
RESEARCH ACTIVITIES
3.1 Current supervision or co-supervision
Name of student
Degree/Title of dissertation/ thesis and date
Supervisor
Co-supervisor(s)
Duration of studies (years)
Rene Govender
LLD
Sentencing of Juveniles
Julia Sloth-Nielsen
First Registration 2011
Edmund Foley
LLD
Functional Independence of the ACERWC
Julia Sloth-Nielsen
First registration 2013
Obdiah Mawadzu
LLD
Protection of child mothers in Zimbabwe
Lea Mwambene
Julia Sloth-Nielsen
First registration 2016
Fasil Malatu
LLD
Unaccompanied migrant children
Julia Sloth-Nielsen
First registration 2014/5
Amy Brown
LLM
International recovery of maintenance (Submitted for examination November 2016)
Julia Sloth-Nielsen
First registration July 2015
Tannion Filander
LLM
International surrogacy (submitted for examination November 2016)
Julia Sloth-Nielsen
First registration July 2015
Roberta Mdiglana
LLM
Ukuthwala
Julia Sloth-Nielsen
Lea Mwambene
First registration June
2016
Tshegofatso Tracy Mothapo
LLM
Foster care and adoption of foreign migrant children as durable solutions
Julia Sloth-Nielsen
First registration June 2016
Shane Leane Rispel
LLM
Rights of the unborn child in surrogacy
Julia Sloth-Nielsen
First registration October 2016
Gracia Lunga
LLM
Child Trafficking in Ghana
Julia Sloth-Nielsen
First Registration January 2017
Completed supervision or co-supervision (LLD (all) and LLM only from 2016)
Name of student
Degree enrolled for and date of completion
Project title
Supervisor
Co-supervisor(s)
Date of completion
G Odongo
LLD
Juvenile Justice in selected African jurisdictions
Julia Sloth-Nielsen
2006
J Gallinetti
LLD
The Worst Forms of Child Labour
Julia Sloth-Nielsen
2008
B Mezmur
LLD
Intercountry adoption in Africa
Julia Sloth-Nielsen
2009
H Combrinck
LLD
Protection of Women from violence
Julia Sloth-Nielsen
2010
L Wolhuter
LLD
Victims and criminal justice
Julia Sloth-Nielsen
2012
L Muntingh
LLD
South African prisons policy developments 1996-2012
Julia Sloth-Nielsen
2012
N Murungi
LLD
Right to education for children with disabilities in South Africa and Kenya
Julia Sloth-Nielsen
B Mezmur
2013
A Mandlate
LLD
Implementation of children’s rights in Mozambique and Angola
Julia Sloth-Nielsen
2013
M Assim
LLD
Kinship care as a form of alternative care
Julia Sloth-Nielsen
2014
S Philpott
PHD
Early childhood education for children with disabilities
Julia Sloth-Nielsen
H Combrinck
2014
K Chinnian
LLD
Feminist theory and refugee status determination
L Van Der Poll
J Sloth-Nielsen
2014
M Lebeko
LLM
Domestic Violence and the Hague Abduction Convention (cum Luade)
Julia Sloth-Nielsen
April 2016
Miche Boyd
LLM
Relocation and the best interests of the child
Julia Sloth-Nielsen
Latiefa Albertus
April 2016
Nikita Damons
LLM
Cohabitation in Sweden and South Africa
Julia Sloth-Nielsen
April 2016
Sharna Lee Clark
LLM
Children with disabilities and RSA treaty body reports
Julia Sloth-Nielsen
April 2016
Delicia Adams
LLM
Rights of unmarried fathers
Julia Sloth-Nielsen
July 2016
Daniella Zlotnik
LLM (Leiden)
Multiple Parent Families
Julia Sloth-Nielsen
August 2016
Kirsten Pearce
LLM (Leiden)
Right to basic education in South Africa
Julia Sloth-Nielsen
August 2016
Juliette Duschesne
LLM (Leiden)
The Voice of the Child in Hague Abduction proceedings in South Africa and the USA
Julia Sloth-Nielsen
August 2016
Tamima Talip
LLM (cum laude)
Surrogacy and statelessness
Julia Sloth-Nielsen
February 2014
Kelly-Ann Cleophas
LLM (cum laude)
Article 13(1) defences to the Hague Abduction Convention
Julia Sloth-Nielsen
February 2014
Ntombi Ntini
LLM
Domestic Violence and the courts: a case study of De Aar
Julia Sloth-Nielsen
February 2013
Pearl Andrew
LLM
Hague Abduction Convention
Julia Sloth-Nielsen
February 2013
Landry Nouck
LLM
Conflict transformation and Darfur
Julia Sloth-Nielsen
February 2012
Hans Anyikame
MA
Conflict transformation and child soldiers
Julia Sloth-Nielsen
February 2012
Neville Dampies
Mphil
Child sensitive interviewing of victims of sexual assault
Julia Sloth-Nielsen
February 2012
(in total more than 40 LLM theses supervised. For those prior to 2012, full details can be provided on request)
3.3 Selected consultancies/ policy papers/involvement in law reform and legal development
Organisation
Topic
Year
Unicef Namibia
Updating training materials on child protection and gender based violence for NAMPOL training college
2017
Save the Children, AU Office
Drafting a General Comment on measures of implementation of the African Charter on the Rights and Welfare of the Child
2017
Department of Monitoring and Evaluation (Presidency)
Birth registration evaluation (with Genesis Analytics)
2016-2017
Save the Children ESARO
Updating of the guide “Advancing children’s rights: a guide for CSOs to engage with the ACERWC”
2016
Save the Children ESARO, Children’s Rights Project, Dullah Omar Institute, UWC
Wrote commentary on various articles of the ACRWC for the Implementation Handbook on the African Children’s Charter, including article 16 (abuse and torture) and article 17 (juvenile justice)
2016
African Child Policy Forum
Contribution researched and written on Coordination for implementation of children’s rights for the 2016 Africa Child Wellbeing Report (60 pages)
2015
IOM/Save the Children
Unaccompanied child migration in Southern Africa: Country study of UAMs in Zambia (30 pages)
2015
Plan Zambia
In depth policy and legal review of international instruments concerning child marriage (40 pages)
2014-5
Plan Zambia
Legal and Policy measures surrounding child marriage in Zimbabwe (100 pages)
2015-2016
Plan Zambia
Legal and Policy measures surrounding child marriage in Zambia (90 pages)
2015-2016
Nelson Mandela Children’s Fund
Harmonisation of child law in South Africa (50 pages)
2013-2015
Contract research through BE@UP
Report on the 3rd Amendment Act to the Children’s Act (contributed 25% to the 300 page report)
2013
Contract Research from APC (Association for Progressive communications) on behalf of the UN Special Rapporteur on Freedom of Expression
Teenagers, freedom of expression and the digital media in African context (25 pages)
2014
Kids Rights (The Netherlands)
Completed an expert review of 10 publications relating to various dimensions on children’s rights (child labour in Cote d’Ivoire, child domestic work in Nepal, children in institutions in Moldova etc)
2013-2014
African Child Policy Forum
Drafted Advocacy strategy for the African Violence against Children study (50 pages)
2013
UNICEF Tanzania
Drafted Children’s Court Rules for Zanzibar which were to be issued by the Registrar of the High Court
2013
UNICEF Swaziland
Development and delivery of training to the judiciary in relation to the Children’s Care And Protection Act of Swaziland
2014
UNICEF Lesotho
Development and delivery of training to implementers of the Children’s Care And Protection Act of Lesotho
2013-2014
UNICEF Eastern and Southern Africa
Project Co-operation Agreement to provide technical assistance in the ESRO region on Child Law Reform, providing assistance to Botswana, Namibia, Ethiopia, Lesotho, Kenya and Zimbabwe
2009-2014
Department of Social Development (Western Cape)
Contract to deliver training on the Children’s Act to social workers
2009-2014
Nampol and UNICEF Namibia
Contracted to draft training materials for Basic and Advanced Police College training programmes m various aspects relating to women and children, and investigation of crimes against them
2012
UNICEF Zanzibar
Drafted the Zanzibar Law of the Child (Sheria Wa Mtoto)
The Zanzibar Children’s Act was awarded the World Futures Foundation prize for children’s law and policy in October 2015
2009-2011
ILO/TECL (Pretoria)
Conducted a study on the worst forms of child labour in South Africa, leading to the inclusion of children being used by adults as an aggravating factor at sentencing
2006-2007
African Child Policy Forum, Defence for Children International and Terres Des Hommes
Drafted Guidelines on Child Friendly Justice in Africa, adopted by the African Committee of Experts on the Rights and Welfare of the Child
2011
National Department of Social Development
Appointed lead contractor to draft all the Regulations to the Children’s Act
2007-2008
African Child Policy Forum
Wrote a policy paper on a research agenda for legal development in Africa (40 pages)
2007
African Child Policy Forum
Wrote the chapters on harmonisation of child law in South Africa, and harmonisation of Child Law in Lesotho, for their publication on Harmonisation of Child Law in Southern and Eastern Africa (each chapter was 40 pages)
2007
Save the Child Eastern Africa
Wrote policy paper on the implementation of the right to free primary education in South Sudan (35 pages)
2007
UNICEF Mozambique and UTREL
Drafted two statutes on Children’s Law (one on juvenile justice) after full consultative process
2004-2007
UN Office for Drugs and Crime, Vienna
Juvenile Justice Toolkit (50 page monograph)
2006
UNICEF South Sudan
Provided technical assistance in drafting the Children’s Act
2005
Save the Children South Africa
Wrote policy paper on ending corporal punishment in South Africa (30 pages)
2002
South African Law Reform Commission
Member of the Project committee on the Review of the Child Care Act (drafted substantial sections of the Report of the Commission which underpins the Children’s Act 37 of 2005)
1998-2002
South African Law Reform Commission
Member of the Project Committee on Juvenile Justice (wrote substantial sections of the Report on Juvenile Justice which underpins the Child Justice Act 75 of 2008)
1996-2000
RESEARCH OUTPUTS
4.1 Publications in peer-reviewed or refereed journals
Published:
1.'Parole: A matter of Social Justice' (1986) 4 SACC 29
2.'Whippings: In parliament and in the courts' (1986) 2 SAJHR 224
3.'Port Nolloth: A Reply' (1987) 11 SACC 142
4.'Hangings in South Africa: the last ten years' (1988) 4 SAJHR 391
5.'The Death Penalty in the Cape Provincial Division 1986 - 1988' (1989) 5 SAJHR 154
6.'S v Aitken: Is dolus eventualis sufficient for theft?' (1989) 2 SACJ 109
7.Book review: 'When the State Kills' (1989) 5 SAJHR 501
8.Book review: 'Inside South Africa's Death Factory' (1989) 5 SAJHR 503
9.‘Hangings in South Africa: the last ten years' (1989) 5 SAJHR 490
10.'A reply to Judge Munnik' (1990) 6 SAJHR 102
11.'Ratification of the UN Convention on the Rights of the Child (1989): Some Implications for South Africa' (1995) 11 SAJHR 401.
12.'No Child Should Be Caged: closing the doors on the detention of children' (1995) 8 SACJ 47
13.'Annual Juvenile Justice Review' (1995) 8 SACJ 331
14.'Pre-trial detention of children revisited: amending section 29 of the Correctional Services Act' (1996) 9 SACJ 61
15. 'Amendments to the Child Care Act in the context of the constitutional and international law developments in South Africa' (1996) 12 SAJHR 247 (with Belinda Van Heerden)
16.'The Child Care Amendment Act 1996: Does it improve Children's Rights in South Africa?' (1996) 12 SAJHR 649 (With Belinda van Heerden)
17. 'Annual Juvenile Justice Review' (1996) 9 SACJ 239
18. 'The contribution of children's rights towards the reconstruction of society: some implications of the constitutionalisation of children's rights in South Africa' (1996) 4 Int J on Children's Rights 638
19.'New Child Care and Protection legislation in Africa: some lessons for South Africa' 1997 Stell L R 261 (with Belinda van Heerden)
20.'Putting Humpty Dumpty Back together again: Towards Restructuring Families and Children's Lives in South Africa' (1998) 107 SALJ 156 (with Belinda van Heerden)
21. 'Annual Juvenile Justice Review' (1998) 11 SACJ 97
22. 'Annual Juvenile Justice Review' (1999) 12 SACJ 65 (with LM Muntingh).
23. 'The juvenile justice law reform process in South Africa: can a children's rights approach carry the day?' (1999) 18 Quinnipiac Law Review 469
24. ‘The role of international law in juvenile justice reform in South Africa’ 2000 (2) Law Democracy and Development 59-83
25. 'S v M: Challenging the prosecutorial decision not to divert' 2001 (1) De Jure 179
26. 'The child's rights to social security to social services and the prevention of child abuse: some conclusions in the aftermath of Grootboom' 2001 vol 17(2) SAJHR 210
27. ‘1999-2000 Annual Juvenile Justice Review’ (2001) 14 SACJ 384
28.‘Children’s Rights in South African Courts: An Overview since ratification of the UN Convention on the Rights of the Child’ Vol 10 (2) Int J on Children’s Rights (2002) 137- 156
29.‘Too Little? Too Late? The Implications of the Grootboom case for state responses to child- headed households’ 2003 (1) Law, Democracy and Development 113-136
30. ’The constitutional family: developments in South African family law and jurisprudence under the 1996 Constitution’ (with Belinda van Heerden) (2003) 2 Int Jnl of Law, Policy and the Family 121-146
31. ‘Race, class and restorative justice: Achilles heel, glass ceiling or crowning glory’ (with Gallinetti J and Redpath J) 2004 (17) SACJ 17- 40
32.‘Of Newborns and Nubiles: challenges in children’s rights in the era of HIV/Aids’ 2005 (13) Int J on Children’s Rights 73-85
33.‘ South Africa, the Arts and Youth in Conflict with the Law’ (with S Woodward and V Mathiti), vol 1 no 1 Int J of Community Music (ISSN 1550 – 7327), reprinted in vol 1 (2008) in hard copy (ISSN 1752 -6299), pp 69-88
34.‘Juvenile sentencing comes of age: Brandt v S’ 2005 (16) Stell L R 98-103
35.‘Policy and Practice in South African prisons: an update’ in 2005 (9) Law, Democracy and Development 1-21
36. ‘A short history of time: Charting the contribution of Social Development service delivery to enhance Child Justice 1996 – 2006’ (2007) vol 43 No. 4 Social Work/ Maatskaplike Werk 317-329
37.’(Illicit) transfer by De Gree’ 2007 (11:2) Law, Democracy & Development 81 – 100 (with B Mezmur)
38. ‘Surveying the research landscape to promote children’s legal rights in an African context’ (2007) 7 African Human Rights Law Journal 330-353 (with B Mezmur)
38. ‘Incy wincy Spider went Climbing up Again – Prospects for Constitutional (Re)interpretation of Section 28(1)(c) of the South African Constitution in the Next Decade of Democracy’ (2007) vol 2 Speculum Juris 147-166 (with C Mbazira)
40. ‘2 + 2 = 5? Exploring the domestication of the CRC in the South African courts (2002-2006)’ 2008 vol 16(1) Int J on Children’s Rights 1-28 (with B Mezmur)
41. Book Review: ‘Article 3: The best interests of the Child’ by MDA Freeman 2008 vol 16(1) Int J on Children’s Rights 153-157
42. ‘Win some, lose some: The 10th ordinary session of the African Committee of Experts on the Rights and Welfare of the Child’ 2008 (1) African Human Rights Law Journal (with B Mezmur ) 207
43.‘A dutiful child: Article 31 of the African Children’s Charter’ 2008 (2) Journal of African Law (with B Mezmur ) 159-189
44.‘Realising children’s rights to legal representation and to be heard in judicial proceedings: an update’” SA Journal on Human Rights 2008 (vol 24:3) 495-524.
45. ‘A developing dialogue: Children’s Rights, children’s law and economics: surveying experiences from Southern and Eastern African Law reform processes’ Electronic Journal of Comparative Law vol 12: 3 (2008) (www.ejcl.org/123abs123-5html).
46.’An Icebreaker: the 11th Ordinary Session of the African Committee of Experts on the Rights and Welfare of the Child’ 2008 (2) African Human Rights Law Journal (with BM Mezmur) pp 596-616
47.‘Listen to us: Arguing the case for child participation in NEPAD’ 2009 African Journal of International and Comparative Law vol 17(1) pp1-28 (with B Mezmur)
48. ‘Out of the starting blocks: The 12th and 13th sessions of the African Committee of Experts on the Rights and Welfare of the Child (2009) 9 African Human Rights Law Journal 336-352 (with B Mezmur)
49. ‘Seen and Heard: New Frontiers in Child Participation in Family Law Proceedings in South Africa’ vol 23(2) 2009 Speculum Juris 1-19
50.’Inter-country adoption from a southern and eastern African perspective’ (with Judge B Van Heerden and Dr B Mezmur) March 2010 International Family Law 86-97
51.‘Cluster foster care: a panacea for the care of children in the era of HIV/ Aids or a MCQ?’ vol 46 (4) 2010 Social Work/ Maatskaplike Werk 486-496 (with Dr J Gallinetti)
52. ‘Relocation decisions: do culture, language and religion matter in the Rainbow Nation? 2010 (2) Journal for Family Law and Practice, London Metropolitan University 86-98 (with L Albertus)
53. ‘Like running on a treadmill? The 14th and 15th sessions of the African Committee of Experts on the Rights and Welfare of the Child’ 2010 (vol 10 (2)) African Human Rights Law Journal 534-556 (with Dr B Mezmur)
54. ‘Does the differential criterion for vesting parental rights and responsibilities of unmarried parents violate international law? A legislative and social study of three African countries’ 2011 (vol 55(2)) Journal of African Law 203-229 (with Wakefield, L and Murungi, N)
55. ‘Benign accommodation? Ukuthwala, forced marriage and the Children’s Act 38 of 2005’ 2011 (vol 11(1)) African Human Rights Law Journal 1-22 (with Dr L Mwambene)
56. ‘The Amendment of the Jurisdiction of the Regional Courts Act, 2008: Implications for divorce and children’ 2011 (vol 36) Journal for Juridical Science 1-18
57. ‘Just say sorry? Ubuntu, Africanisation and the child justice system in the Child Justice Act 75 of 2008’ 2011 (vol) 14(4) PER 63-90 (with Dr J Gallinetti)
58. ‘A foreskin too far? Male circumcision and the Children’s Act 38 of 2005 in the era of HIV/Aids Law, Democracy and Development, 2012
59. ‘Walking the Walk and Talking the Talk: How can the development of customary law best be understood?’ Vol 28 no 2(1) 2012 Law in Context 27-46 (with Dr L Mwambene)
60. ‘A maturing manifesto: the constitutionalisation of children’s rights in South African jurisprudence 2007-2012? (with H Kruuse) 2013 International Journal on Children’s Rights,646-678
61. ‘The Constitutional Family: Developments in South African Child and Family Law 2003-2013’ 2014 (1) pp 1-21 International Journal of Family Law and Policy (With B Van Heerden)
62. “Deprivation of liberty 'as a last resort' and for the 'shortest period of time': How far have we come? and can we do better?” 2013 SA Journal on Criminal Justice 316-337
63. ”Surrogacy South African style Family Law News (vol (6(1)) pp 21-23 (not accredited)
64. ‘Islamic Kafalah as an alternative care option for children deprived of a family environment’ (2014) 14 African Human Rights Law Journal 322-345 (with M Assim)
65.“Sailing between Scylla and Charybdis: Mayelane v Ngwenyama (with H Kruuse) 2014 (17:4) Potchefstroom Electronic Review (http://dx.doi.org/10.4314/peljiv1714)
66.’Regional frameworks for safeguarding children; the role of the African Committee of Experts on the Rights and Welfare of the Child’ (Social Sciences online journal: special issue on contemporary developments in child protection available at http://www.mdpi.com/socsci/special_issues/child_protectionsocsci 2014, 3(4),948-961; doi:10.3390/socisci3040948 (ISSN 2076-0760).
67.’The intersection between article 6 of the CRC and early childhood development’ (with S Philpott), Stellenbosch Law Review (2015) 15 (2) 295-317
68. Recent developments in child justice (2015 (3) South African Criminal Justice 437)
69. ’Unaccompanied and separated children in child and youth care facilities in the Western Cape: a socio-legal study’ (with M Ackermann) (Potchefstroom Electronic Review, June 2016)
71. ‘Some implications of the decision of the Zimbabwe Constitutional Court in Madzhuru and ors v Minister of Justice Parliamentary and Legal Affairs’ (with K Hove) 2016 (2) African Human Rights Law Journal (forthcoming December 2016)
Books and/or chapters in books
1.‘Violence in the Criminal Justice System' in People and Violence in South Africa B McKendrich and W Hoffmann (eds) Oxford University Press (1990)
2.'Corporal Punishment: Acceptable State Violence?' in Towards Justice: Crime and State Control in South Africa D Hansen and D Van Zyl Smit (eds) Oxford University Press (1990)
3.'Freedom from arbitrary arrest and detention' in Human Rights for South Africans M Robertson (ed) Oxford University Press (1990)
4.'Chickens in a box: a progressive participatory study of Lwandle hostel residents perceptions of personal safety' (Human Sciences Research Council, 1992.)
5. 'Chicken soup or chain saws: Some implications of the constitutionalisation of children's rights in South Africa' in Children's Rights R Keightley (ed) Juta and Co, Cape Town (1996)
6..'Signposts on the Road to Equality: Towards the New Millennium for Parents, Children and Families in South Africa' in The Changing Family- International Perspectives on the Family and Family Law J Eekelaar and RT Nhlapo (eds) Hart Publishing, Oxford (1998) (with BJ van Heerden)
7. 'The political economy of child law reform: Pie in the Sky?' in Children's Rights in a Transitional Society CJ Davel (ed) Protea Book House (1999) (with BJ van Heerden)
8. 'Child Justice' in CJ Davel (ed) Introduction to Child Law (Juta and Co, Cape Town, 2000) 383 – 461
9.‘Children’s Rights (Chapter 22)’ in H Cheadle, D Davis and N Haysom (eds) Constitutional Law: The Bill of Rights 1st ed (2002) pp 23-1 –23-32
10.'What's left for the right? Children's rights to social security, social services and the primary prevention of child abuse' in P Auwerwert et al Social Economic And Cultural Rights: an appraisal of current European and International developments Maklu publishers, Belgium, ISBN 9062157874 pp315-338).
11.‘The Business of Child Justice’ in Criminal Justice in a New Society: Essays in Honour of Solly Leeman J Burchell and A Erasmus (eds) Juta and Co, Cape Town 2003
12. ’Politics and processes of child law reform in South Africa’ with (BJ van Heerden) in J Dewar and S Parker (eds) Family Law: Politics, Processes and Pressures Hart Publishing, Oxford, 2003 pp 571-587.
13. ‘Beyond the Rights of the Child’ (with C Matthias, N Zaal and S Burman) in S Burman (ed) The Fate of the Child: Legal decisions on Children in the New South Africa (Juta and Co, Cape Town, 2003)
14. ‘Children and Criminal Accountability: Questions from the Bench (with V Mayer) in S Burman (ed) The Fate of the Child: Legal decisions on Children in the new South Africa (Juta and Co, Cape Town 2003)
15.’Juvenile justice in Africa: A guide to best practice’ (J Gallinetti and J Sloth-Nielsen (eds) Community Law Centre, ISBN 1868086143, 2004)
16. ‘International Instruments‘ in J Gallinetti and J Sloth-Nielsen (eds) Community Law Centre, ISBN 1868086143, 2004)
17. ‘Changing practice in existing legal frameworks ‘ in J Gallinetti and J Sloth-Nielsen (eds) Community Law Centre, ISBN 1868086143, 2004)
18.‘Children’s Rights’ (Chapter 22) in H Cheadle, D Davis and N Haysom (eds) Constitutional Law and the Bill of Rights 2nd ed (2005) pp 23-1 –23-32 ISBN: 0409018287.
19.‘The contribution of children’s rights to the reconstruction of society: some implications of the constitutionalisation of children’s rights in South Africa’ 1996 essay, reprinted as chapter 31, volume 2 of MDA Freeman (ed) Children’s Rights (Ashgate, Dartmouth, 2004) [a collection of the 31 best essays written on children’s rights internationally].
20. 'The State of the Nation's Prisons' in S Buhlungu et al (eds) The State of the Nation 2006-2007 (HSRC Press, Cape Town, 2006) ISBN 978-0-7969-2166-6
21. ‘The Interface between Child Protection, Child Justice and Child Labour via Convention 182 on the Elimination of the Worst Forms of Child Labour’ in S Meuwese et al (eds) 100 Years of Child Protection (Wolf Publishers, The Netherlands, 2007 ISBN) 9789058502933
22. Chapter 7 ‘Protection of Children’: part 2 (National Child Protection Register) and part 3 (Protection of Children’s Health rights) ‘in Commentary on the Children’s Act (CJ Davel and AM Skelton (eds) p7.1 - p7.25 (Juta and Co, Cape Town, 2007) ISBN 978-0-7-21-7883-2
23. ‘Strengthening the Promotion, Protection and Fulfilment of Children’s Rights in the African Context’ (2007) in A Alen et al (eds) The UN Children’s Rights Convention: Theory meets Practice Intersentia publishers, Antwerpen/Oxford ISBN 9789050956406, pp81 – 104.
24. Consulting editor Socio-Economic Rights in South Africa. A Resource Book (Khoza, S (ed)), Bellville, Community Law Centre, University of the Western Cape (2006)
25.’From the margins to the mainstream: Exploring the domestication of the CRC in South African jurisprudence (2002-2006)’ Rights of the Child/Droits de enfant: proceedings of the international conference Wilson and Lafleur Publishers, Ottawa (2008)
26. ‘Children in Prison in Africa’ in J Sarkin (ed) Human rights in African prisons, HSRC Press, Cape Town (2008) pp117-133.
27. Children’s rights in Africa: A Legal Perspective (J Sloth-Nielsen, Ed) (book comprising 18 chapters, ISBN 978-7546-4887-1, Ashgate, Dartmouth, 2008)
28. ‘Children’s rights and the law in African context: an introduction’ in J Sloth-Nielsen (ed) Children’s rights in Africa: A Legal Perspective Ashgate, Dartmouth, 2008 pp3-13
29.’Domestication of Children’s Rights in National Legal Systems’ in J Sloth-Nielsen (ed) Children’s rights in Africa: A Legal Perspective Ashgate, Dartmouth, 2008 pp53-73
30. ‘HIV/ Aids and Children’s Rights in law and policy in Africa: confronting Hydra head on’ (with B Mezmur) in J Sloth-Nielsen (ed) Children’s rights in Africa: A Legal Perspective Ashgate, Dartmouth, 2008 pp279-299
31. ‘Introduction’ (with Du Toit Z and Cloete, J) in Trials and tribulations, trends and triumphs: child and family law developments internationally, regionally and in South Africa (Selected papers from the annual Miller du Toit/UWC Child and Family Law Conference) J Sloth-Nielsen and Z du Toit (eds) (Juta and Co, 2008).
32.’Trials and tribulations, trends and triumphs: South African child and family law 2001-2008’ in Trials and tribulations, trends and triumphs: child and family law developments internationally, regionally and in South Africa (Selected papers from the annual Miller du Toit Cloete/UWC Child and Family Law Conference) J Sloth-Nielsen and Z du Toit (eds) (Juta and Co, 2008).
33. ‘The right to education in Africa: Taking stock’ (with B Mezmur) in Essays in honour of Hans Visser (CJ Davel, ed), Juta and Co, 2008.
34. Chapter 7 Part 2 and 3: “National Child Abuse Registers” and “Protection of Child Health” in Skelton AM and Davel CJ Commentary on the Children’s Act Juta and Co, 1st edition (2007).
35. ‘The ballot as bulwark: prisoner’s rights to vote in South Africa (with LM Muntingh), A Ewald and B Rottinghaus (ed) Cambridge University Press, 2009.
36. Chapter 7 Part 1 and 4: “Reporting of Child Abuse and Neglect” and “Child Protection” for Skelton AM and Davel CJ Commentary on the Children’s Act Juta and Co, 2nd edition (2010)
37. ‘Children’s Rights in Africa’ in Sessononyo, M (ed) The African Regional Human Rights System: 30 years after the ACHPR and Beyond Brill Publishers, The Netherlands ISBN 13:978900428147 (2012) 155-176
38. Sloth-Nielsen, J ‘Chapter 18: Section 54 Obligation to Report commission of sexual offences against children and persons who are mentally disabled’ in Smythe D, and Pithey B (eds) A Commentary on the Sexual Offences Act, Juta & Co, Cape Town 2011 pp 18.1-18-11
39. “Just say sorry” Ubuntu and the Child Justice Act in Diedrick, FM Ubuntu, Good Faith and Equity: Flexible Legal Principles in Developing a Contemporary Jurisprudence (Juta 2011)
40. ‘Modern African Childhoods: Does Law Matter?’ MDA Freeman (ed) Current Legal Issues Volume 14: Law and Childhood Studies Oxford University Press 2012 (pages117- 132) ISBN 9780199652501
41. “The Botswana Children’s Act 2009: a revolution for child and family law” 2012 International Survey of Family Law, (B Atkin (ed), 2012)
42. “ The Angolan Law on the Holistic development of the Child (With A Mandlate) for the 2013 International Survey of Family Law (Jordan international publishing, B Atkin ed) pp 39 – 59 ISBN 978 1 84661 726 3
43. First update of the chapter 7 of the Children’s Act: “Child protection” (parts 1,2,3,and 4) for the looseleaf Commentary on the Children’s Act) Davel and Boezaart,eds (68pp) (2013)
44. Children, the constitution, the law and social policy in State of the Nation 2013 (Human Sciences Research Council (Meyiwa, T Nkondo, M et al (eds) 2014 ISBN 978-0-7969-2461-2 pp 271-283
45. The Lesotho Child Care and Protection Act and orphans and vulnerable children” in B Atkin and F Banda (eds) International Survey of Family Law, Jordan Publishing 2014 ISBN 978-1-84661-991-5 pp 309 – 324
46.Children’s Rights and Parental Authority: African Perspectives (Routledge Handbook of Family Law and Policy, (Eekelaar J and George R eds) pp 281-288 (2014)
47. Chapter 14: the Convention on the Rights of the Child in Litigation in the African region: lessons from the communication procedure under the ACRWC” in Litigating the Rights of the Child ( Doek J and Liefaard T eds) ISBN 978-94-017-9445-9 pp 249- 265 (2015)
48. The Zanzibar Children’s Act: Process, Progress and potential” in Maina Peter C, Ed “The Zanzibar Yearbook of Law” (Zanzibar legal Services Centre, ISBN 9987-697-13-5 pp 229-247 (also reprinted with permission in 2015 International Survey of Family Law, Jordan Publishing)
49.“Socioeconomic rights and the African Charter on the Rights and Welfare of the child” (D Chirwa and L Chenwi (eds) “Litigating socio-economic rights” (Cambridge University Press November 2016)
50. What’s in a name? Child Friendly Justice in Africa (in S Mahmoodi “Child Friendly Justice” Brill publishers (September 2015). ISBN 9789004297425
51. “Child Marriage? The Constitutional Court of Zimbabwe rules “NO”) forthcoming in International Survey of Family Law (B Atkin ed) 2016 ISBN 978 1 78473 217 2
52. The United Nations Convention on the Rights of the Child: Taking stock after 25 years and looking ahead” (52 chapters. 950 pages) Brill publishers, The Netherlands (Sloth-Nielsen J and Liefaard T eds), 2016 (ISBN 9789004295049)
In Press or Forthcoming
53. The right to a nationality in Africa: New norms and new commitments (with B Manby and A Getachew) forthcoming in “Solving statelessness” published by the Institute for Statelessness Tilburg University
54. Chapters on “Child Justice” and on “The African children’s rights system” (Completed) in Boezaart T Child Law in South Africa (in preparation, for publication 2017)
55. Chapter on monitoring and enforcement of children’s rights in Liefaard T and Kikelly U “International Children’s Rights Law” (in preparation for Springer publishers, 2017)
Series editor: Comparative African studies (with K Boele, B Mezmur and D Chirwa): Eleven Publishers The Hague
Volume 1 (2014): M Assim, Understanding kinship care
Volume 2 (2016) A Mandlate: Implementation of the CRC in Mozambique and Angola
OTHER SCHOLARLY RESEARCH-BASED CONTRIBUTIONS
5.1 International
Nominated the winner for the Futures Foundation annual award for child law (2015)
Engaged to rework proposed general comment of the ACERWC on child marriage by the Centre for Human Rights, University of Pretoria (2015)
Served as a member of the Washington University Honor Jury Panel to adjudicate the winner of the 2011 international essay competition in child rights on restorative justice
Oversaw drafting of General Comment no 2 (the right to name a nationality, birth registration and combatting of statelessness) of the African Committee of Experts on the Rights and Welfare of the Child (2013-2014)
Reviewed research proposal on child labour from the Swiss research foundation (2014)
Served on an expert panel before the Human Rights Council, on the Day of Discussion on children in the Justice System, 2012
Wrote parts of the decision on the communication to the ACERWC against Kenya in relation to the nationality status of children of Nubian descent (2013)
Wrote parts of the decision of the ACERWC against Uganda for the use of child soldiers (2014)
Was lead consultant for the Continental study on the impact of armed conflict on Children (commissioned by the QCERWC)
Hosted two workshops for the Office of the Prosecutor of the ICC for the development of the recent “Policy on Children (Launched on 17 November 2016)
5.2 National
Member, Project Committee of the SALRC which drafted the Children’s Act 38 of 2005 (1998-2002)
Member, Project Committee of the SALRC which drafted the Child Justice Act 75 of 2008 (1996-2000)
Member, National Council On Correctional Services, 1998-2003
Co-Founder, Civil Society Prison Reform Initiative (CSPRI) and wrote founding paper on prison policy 1996-2003, and served as co-manager until 2007 when I was forced to choose between prisoner’s rights and children’s rights (the CSPRI is still functioning as a project of the Dullah Omar Institute at UWC with a reach throughout Africa); between 2002 and 2007 played a management role in the development of CSPRI research agenda, and undertook considerable policy work on parole
Lead Consultant contracted by the Department of Social Development to draft the regulations to the Children’s Act 38 of 2005 (drafted regulations on the parent child relationship, harmful cultural practices, foster care, drop in centres and the Forms to accompany them)
Member of the drafting team of the South African Department of Social Development’s training materials on the Children’s Act, Introductory, Intermediate and Advanced (2008, 2009).
Produced a DVD on the Children’s Act for the Western Cape Department of Social Development (2008)
Member section 11 Committee (Children’s Rights) of the South African Human Rights Commission (from 2015)
Member of the University of Pretoria based team contracted by the Department of Social Development to draft the Children’s Act 3rd amendment bill (not yet introduced)
.
6. Membership of national and international bodies
6.1 International
2nd Vice President, African Committee of Experts on the Rights and Welfare of the Child 2012-2013
Member of the African Committee of Experts on the Rights and Welfare of the Child 2011-2016
Listed on the roster of internationally recognized expert resource persons on ‘Children and Justice’
for UNICEF.
Represented the South African Government at the Hague Conference Special Session on Intercountry Adoption, July 2010
Member of the International Association of Family Law
Member of the International Academy of Comparative Law (IACL) (election by invitation only)
Editorial Board member, International Journal on Children’s Rights (1996- to date)
Series editor (with prof K Boele): Comparative legal studies in Africa (Eleven publishers, The Hague)
Appointed Chair of Children’s Rights in the Developing World, Leiden University from July 2013 until July 2018 (part time)
6.2 National
Member of the Board, Resources aimed at the Prevention of Child Abuse and Neglect (RAPCAN)
Former Member of the Advisory Board for the Restorative Justice Centre (South Africa).
Dean of the Faculty of Law, University of the Western Cape 2009- 2013 (completed a 5 year term)
COMMUNITY SERVICE OR PROFESSIONAL SKILLS
7.1 Outreach projects
Co- Convenor since 1999 of the Annual Miller du Toit Cloete/UWC conference on family and child law, going into its 20thth year in 2017 (targetting family law practitioners, social workers, psychologists and academics)
Conducted training of social workers on the Children’s Act (various sessions, from 2007-2013)
Conducted a workshop on intercountry adoption for the welfare authorities of Namibia (2011) and Ethiopia (2012)
Gave a guest lecture to the staff of the International Criminal Court, July 2014, invited to co-convene a roundtable to develop a policy on children and the ICC for the Office of the Prosecutor
Undertook investigative mission to South Sudan to investigate the impact of the conflict upon children (August 2014)
Numerous radio interviews (the latest (May 2014) on corporal punishment in schools in South Africa
TV interviews from time to time (the latest in August 2014 on child safeguarding)
Hosted a regional workshop on intercountry adoption for the welfare authorities of Namibia, Zambia, Swaziland, Kenya, Malawi, South Africa and Ethiopia (2015)
Keynote speaker, National Adoption conference 2016
8. Involvement with other universities/scientific institutions
External examiner
I am currently the external examiner on the Masters in International Rights of the Child, University of Cape Town
I have been an external examiner/reviewer of the following Research Masters and Doctoral theses and dissertations (since 2014 only):
Doctoral theses: University of Rwanda, University of Leiden, Melbourne University, University of Cape Town, University of Pretoria, Leiden University
LLM theses: University of Botswana, University of Cape Town, University of Leiden, University of Pretoria, University of Cape Town, University of the Witwatersrand, University of Kwa Zulu Natal.
LLB research papers: Rhodes University, University of Cape Town,
I regularly undertaken National Research Foundation rating reviews and have completed one review of a SARCHI chair.
I am regularly approached by international publishers to review book proposals.
9. Referee duties
I regularly peer review articles for the following accredited South African journals (approximately 8-10 per year)
African Human Rights Journal
South African Law Journal
South African Journal of Human Rights
Speculum Iuris
Potchefstroom Electronic Law Journal
Stellenbosch Law Review
Law Democracy and Development
International Social Work
Criminal Justice Quarterly
Youth Justice- the international journal
AWARDS AND SCIENTIFIC/SCHOLARLY RECOGNITION
11. Evaluation status as scientist/scholar
I enjoy a NRF B2 rating (internationally acclaimed researcher) (since 2008)
REFERENCES
The following persons can be contacted to confirm the contents of this curriculum vitae:
Prof Ann Skelton
Centre for Child Law
University of Pretoria
Ann.skelton@up.ac.za
And
Dr Jacqueline Gallinetti
Director of Research. Plan International, London (from 1 October 2012)
Email: jgallinetti@gmail.com
Tel: 27-83-2775674
Prof Gallinetti is a former PHD student, former colleague in children’s rights and was previously an associate professor in the Faculty.
For the specific purposes of the present application the following additional references are provided:
1.Prof N Steytler SARCHI Chair in Multilevel Governance, Dullah Omar Institute, UWC (nsteytler@uwc.ac.za)
2. Prof Jacques de Ville (Head of Department ): jdeville@uwc.ac.za
3. Prof T Liefaard, Director of the Advanced LLM in Children’s Rights (t.liefaard@law.leidenuniv.nl)
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