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30 March 2021 | Story Dikgapane Makgetha | Photo Supplied
Social Work students at the UFS are working with the relevant stakeholders in an Engaged Teaching and Learning service-learning project to promote and respect children’s rights.

The protection of children’s rights is the principal achievement on the Sustainable Development Goals (SDGs) 2030 Agenda. Emphasis has always been on the promotion and respect of children’s rights. Since the SDGs are grounded in a child rights-based approach, the University of the Free State (UFS) Social Work students – by engaging in a multi-disciplinary methodology – involve all the relevant stakeholders in their Engaged Teaching and Learning service-learning module project. 

The social partners, which included the South African Police Service (Child Protection Unit), the Department of Social Development, the Department of Home Affairs, the Department of Health, faith-based organisations, and other children’s advocacy agents, were involved from inception until the apex launch of the project. 

Access to basic human rights

In their exit level, fourth-year Social Work students participate in community work practicums, which incorporates the theoretical development process in adherence to the objectives of their community work. The initial phase of the project involved the situation analysis exercise, which the students implemented through collaboration with the Rekgonne Primary School action committee. 

The outcome of the survey indicated that some learners were exposed to physical and sexual abuse. It was also found that they did not have access to basic human rights such as education, health care, and social grants due to the absence of the required legal documents. From the interactive discussions that took place during the launch, it emerged that some children do not have birth certificates required for school registration and access to social grants. 

Through the students’ community project, a platform was created where important skills and information could be shared among all important role players (who are in different professions and guardians of children’s human rights). It is believed that since learners are spending more hours in school, educators would be the primary detectors to notice signs of negligence and potentially adverse circumstances among their learners.

Role players collaborate to make a difference

Through the scholarship of engagement, students succeeded in engaging with the community to attend to societal challenges (violated children’s rights). In order to realise the outcome of the project, continuous collaboration among all role players must be sustained. All parties adopted a resolution to create safe environments both at school and at home by supporting families and caregivers.

Government partners that participated were determined to strengthen protection systems and improve child welfare, reinforcing the implementation of the Children’s Act 38 of 2005.  Educators were empowered and supported in the mandate of the Quality Learning and Teaching Campaign (QLTC). This is an initiative that involves stakeholders in improving the quality of education for all children and addresses issues of safety and well-being for all children. 

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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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