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29 June 2018 Photo Stephen Collett
Learners at youth dialogue encouraged to know their human rights
learners presented their insights on human rights issues.


Youth Day was celebrated on 16 June 2018, and as part of the celebrations, the Free State Department of Education, the Free State Centre for Human Rights, and the Faculty of Law at the University of the Free State (UFS) presented a learner dialogue for 160 Representative Council of Learners from Wepener, Dewetsdorp, Ladybrand, Thaba Nchu, Botshabelo and Bloemfontein to address the challenges they face at their schools and in the country at large. The dialogue took place on 19 June 2018 at the UFS Bloemfontein Campus. 

The Dean of the Faculty of Law, Prof John Mubangizi, on welcoming the learners, teachers and representatives of the Department of Education and other guests said: “It is a great honour to have future leaders here, and possible future students of the UFS. I invite you to come and study in the Faculty of Law and look forward to welcoming some of you in the near future.”

Youth encouraged to participate positively
The focus of the dialogue was on children’s rights, their needs and vulnerabilities, and their right to participate in all matters that concern them. It was also a platform for the learners to express what they saw as important challenges, how they are affected, and possible solutions. The Director of the Free State Centre for Human Rights, Prof Danie Brand, led an interactive session with learners, discussing basic human rights as contained in the South African Constitution.
 
“Human rights are what you are born with and do not need to be negotiated. These are rights such as the right to housing, food, education and healthcare,” he said. 

Outcomes of dialogue could influence policy decisions
The one-day dialogue session had learners from different schools interacting with each other. They presented their final deliberations to the officials present, including the District Director of the Department of Education, Mr December Moloi, Prof Brand, Prof Mubangizi, senior lecturer in Public Law at UFS, Dr Mariette Reyneke, and others. Mr Moloi encouraged learners to continue to set a good example to their peers amid challenges they faced at schools, such as gangsterism. “The ideas you share today are important to the department, because these will help create solutions to some of the problems we face in schools and could inform future education policy formation,” he said.

The event was sponsored by Old Mutual which gave the learners a presentation on life skills, such as financial management and budgeting, to encourage them to manage their money in a responsible way as future leaders, and to support their parents’ efforts at providing for them and their education. 

News Archive

Wrongful suffering must be compensated, Prof Johann Neethling argues
2016-04-20

Description: Prof Johan Neethling, wrongful suffering must be compensated Tags: Prof Johan Neethling, wrongful suffering must be compensated

From the left are Prof Jonathan Jansen, Vice-Chancellor and Rector, Prof Caroline Nicholson, Dean of the Faculty of Law, Prof Neethling, Prof Rita-Marie Jansen, Vice-Dean, and Dr Brand Claassen, Head of the Department of Private Law.
Photos: Stephen Collett

On 11 April, the Faculty of Law held the first of the year’s series of Prestige Lectures presented by Prof Johann Neethling, Senior Professor in the Department of Private Law.  The event was attended by senior faculty members, the Dean of Law Prof, Caroline Nicholson, and the Vice-Chancellor and Rector, Prof Jonathan Jansen.

In his opening remarks, Prof Jansen said “Prestige lectures are at the heart of a university’s academic endeavour. It would serve the university community well to present them more often, as they go to the heart of important issues that affect society”

Prof Neethling made a compelling case for compensation for wrongful suffering by a child born with impairments. Since the mid-1960s, the actions of wrongful conception and wrongful birth have been recognised in South African law. Wrongful conception is defined as when a healthy child is born as a result of failed sterilisation or abortion, and wrongful birth is when a doctor fails to inform parents of a disability before the birth of their child.

“The reality is that a child born with impairments may indeed suffer (sometimes extreme) pain, loss of amenities of life, which would justify an award of damages,” he said.

So far, the action for wrongful suffering has been dismissed by the High Court and the Supreme Court of Appeal. However, he highlighted several cases where wrongful conception and wrongful birth was recognised by the courts.

“Why can the same approach (for wrongful conception and wrongful birth) not be followed in wrongful suffering claims by accepting that a disabled child seeks to address the consequences of its birth?” he asked.

Prof Neethling is regarded as one of the greatest minds in Private Law, not only in South Africa but in the African continent.

A festschrift, Essays in Honour of Johann Neethling (2015), with contributions from more than 50 of his peers around the world, was also launched at the lecture.

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