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Personal experience drives PhD study on rights of children in conflict with the law

06 May 2025 | Story Leonie Bolleurs | Photo Supplied

When Dr Tembisa Leeuw was in Grade 9, four of her classmates were convicted of serious offences, including assault with intent to cause harm and murder. This incident sparked a deep curiosity about the juvenile justice system and how it treats young offenders. She found herself asking difficult questions: Were her peers detained separately from adults? Were they placed in facilities designed specifically for children?

Despite the crimes her classmates committed, Dr Leeuw believed they still needed care and protection. The experience led her to reflect on society’s responsibilities towards young offenders, the difficulties they face in the justice system, and whether the laws meant to protect them are being properly applied. “This formative experience instilled in me a commitment to advocate for the rights of vulnerable children and to ensure that the juvenile justice system upholds principles of care, protection, and rehabilitation,” she says.

Now a human rights officer at the South African Human Rights Commission based in Mpumalanga, Dr Leeuw was recently awarded a Doctor of Philosophy degree at the University of the Free State’s (UFS) autumn graduation ceremony. Her dissertation is titled Protecting the rights of children in conflict with the law in South Africa: The law versus the practice.

Her supervisor, Prof John Mubangizi – Research Professor in the Free State Centre for Human Rights – said it was an absolute privilege to supervise such a brilliant, dedicated, and hard-working student. “Her intellectual curiosity, resolute determination, and unwavering commitment to excellence have been quite inspiring. I have no doubt that she will continue to make a profound impact wherever she goes and whatever she does henceforth.”

Safeguarding the rights and well-being of children

It is well known that a large share of crimes, particularly violent ones, are committed by young people. In South Africa, children are frequently charged with serious offences, such as robbery, rape, assault, and murder. These realities highlight the need for stronger systems that protect the rights and well-being of young people in conflict with the law.

In her research, Dr Leeuw looked at why children in child and youth care centres often face human rights violations, despite the Constitution guaranteeing every child the right to be safe from harm, neglect, and abuse.

Her findings revealed troubling gaps between what the law says and what happens in practice. According to Dr Leeuw, the Constitution states that children should only be detained as a last resort and for the shortest time possible. UNICEF also emphasises that children must be kept separate from adults in detention and treated in ways that reflect their age and developmental needs, including their right to education. “However, no country has yet built a fully separate juvenile justice system that ensures that children are treated differently from adults,” she says.

Dr Leeuw also found that children in these facilities are often denied access to education. As a result, when they return to their communities, they are often without the skills or qualifications needed to find work. “It is important that these children receive training that enables them to support themselves,” she explains.

Contributing to a humane and equitable society

Dr Leeuw believes that protecting the rights of children in conflict with the law is important to creating a more just and humane society. “Research shows worrying conditions in child and youth care centres (CYCCs) – overcrowding, poor health care, limited education. Many children report violence, intimidation, and neglect, all of which go against the idea of rehabilitation,” she says.

These environments can deepen trauma and increase the chances of reoffending. “The conditions inside detention centres have a serious impact on children's ability to rehabilitate and move forward in life.”

South Africa has made progress in drafting laws to protect children’s rights, but putting those laws into action is still a challenge. “With the right changes and a more caring approach, the justice system can better meet the needs of children,” Dr Leeuw says. She points to several areas where improvements could be made to help policy makers and human rights workers reform juvenile justice.

She notes that although international agreements promote rehabilitation and support, many CYCCs still focus on punishment. “Children often feel abandoned in these spaces. We need to move away from punitive systems and create pathways for healing and reintegration.”

Government departments, such as social development, education, and health, must work together to provide support that meets children's full range of needs. “Current laws must be updated to meet international standards, and programmes are needed to help guide children away from the justice system in the first place,” she adds.

Dr Leeuw also highlights the key role played by child and youth care workers (CYCWs). Their training and regular oversight are important in making sure children’s rights are respected. “Regular monitoring and open reporting are needed to hold facilities accountable,” she says.

She further stresses the need for greater access to mental health support, education, and skills development. This would help children return to school and integrate into society more easily. She also recommends maintaining strong family ties during rehabilitation, including virtual visits for families who live far away. Addressing overcrowding and offering different forms of intervention can also improve care and reduce reoffending.

“Teaching children about their rights and helping them develop a sense of responsibility is just as important. Programmes that promote personal growth and rehabilitation should be part of their daily lives,” she says.

Aligning with international human rights standards

Dr Leeuw’s study closely aligns with international human rights guidelines on juvenile justice. These include the United Nations Convention on the Rights of the Child (UNCRC) and other global frameworks that call for dignity, fairness, and restorative justice in how children are treated. Her work highlights the need to address the root causes of children's behaviour and calls for tailored responses, such as alternatives to incarceration, fair sentencing, and stronger legal protection.

The study also highlights the importance of prevention. Involving communities, improving access to education, and introducing early support systems can help reduce the number of children who come into contact with the justice system. She believes that juvenile justice systems must ultimately uphold the dignity and fair treatment of children, as outlined in both international frameworks and the South African Constitution.

News Archive

Institutional research culture a precondition for research capacity building and excellence

2004-11-16

A lecture presented by Dr. Andrew M. Kaniki at the University of the Free State Recognition Function for research excellence

16 November 2004
The Vice Chancellor, Prof. Frederick Fourie
Deputy Vice Chancellors, Deans
Awardees
Colleagues and ladies and gentlemen

It is a great pleasure to be here at the University of the Free State. I am particularly honoured to have been invited to present this lecture at the First Annual Recognition Function for Research Excellence to honour researchers who have excelled in their respective fields of expertise. I would like to sincerely thank the office of the Director of Research and Development (Professor Swanepol), and in particular Mr. Aldo Stroebel for facilitating the invitation to this celebration.

I would like to congratulate you (the UFS) for institutionalizing “celebration of research excellence”, which as I will argue in this lecture is one of the key characteristics of institutional research culture that supports research capacity building and sustains research excellence.

Allow me to also take this opportunity to congratulate the University of the Free State for clocking 100 years of existence.

Ahmed Bawa and Johan Mouton (2000) in their chapter entitled Research, in the book: Transformation in higher education: global pressures and local realities in South Africa (ed. N. Cloete et. al Pretoria: CHET. 296-333) have argued that “…the sources of productivity and competitiveness [in the knowledge society and global economy] are increasingly dependent on [quality] knowledge and information being applied to productivity”. The quality knowledge they refer to here is research output or research products and the research process, which (research) as defined by the [OECD] Frascati Manual (2002: 30) is:

“…creative work undertaken on a systematic basis in order to increase the stock of knowledge, including knowledge of man, culture and society, and the use of this stock of knowledge to devise new applications”

The South African Government has set itself the objective of transforming South Africa into a knowledge society that competes effectively in the global system. A knowledge society requires appropriate numbers of educated and skilled people to create quality new knowledge and to translate the knowledge in innovative ways. To this end a number of policies and strategies like the Human Resource Development [HRD] Strategy for South Africa, the National Plan for Higher Education (NPHE) and the South Africa’s Research and Development [R&D] Strategy, have highlighted human resource development and the concomitant scarce skills development as critical for wealth creation in the context of globalization. The key mission of the HRD Strategy for instance is:

To maximize the potential of the people of South Africa, through the acquisition of knowledge and skills, to work productively and competitively in order to achieve a rising quality of life for all, and to set in place an operational plan, together with the necessary institutional arrangements, to achieve this.

The R&D Strategy emphasizes that maximum effort must be exerted to train the necessary numbers of our people in all fields required for development, running and management of modern economies. Higher education institutions like the University of the Free State have a key role to play in this process, because whatever form or shape a university takes, it is expected to conduct research (quality research); teach (quality teaching – and good graduates); and contribute to the development of its community! Thus the NPHE states that the role of higher education in a knowledge-driven world is threefold:

Human resource development;

High-level skills training and

Production, acquisition and application of knowledge.

Quality research output or knowledge which as argued is critical in determining the degree of competitiveness of a country in the knowledge economy is dependent upon quality research (process). Both the process of producing quality research and its utilization cannot and does not happen in a vacuum. It requires an environment that facilitates the production of new knowledge, its utilization and renewal. It requires skilled persons that can produce new knowledge and facilitate the production of new skills for quality knowledge production. Such an environment or in essence a university must have the culture that supports research activity. Institution research culture (that is a conducive and enabling institutional research culture) is a precondition to research capacity building. Without an institutional research culture that facilitates the development and nurturing of new young researchers it is difficult, if not impossible for a university to effectively and efficiently generate new and more quality researchers. Institutional research culture is also necessary to sustain quality research and quality research output or research excellence. It facilitates the development and sustenance of the institutional and people capacities required to do research produce quality research and generally attain research excellence!

We do recognize that the patterns of information and knowledge seeking, and knowledge generation vary among field or disciplines. For example, we know that in the humanities knowledge workers often work individually, and not as collaboratively as do those of the sciences, they all however, require supportive environments – institutional research culture to achieve and sustain research excellence. An institution does not simply attain a supportive research culture, but as Patricia Clements (English Department, University of Alberta, Edmonton) in her presentation Growing a research culture argues, research culture has to be grown [and maintained]. It unifies all natural and engineering scientists; medical researchers, humanists, and social scientists.

I therefore am of the view that Institutional Research Culture is critical to research capacity building and research excellence. I therefore want to spend a few minutes looking at the characteristics of research culture. To be effective, institutional research culture has grown and sustained not only at the institutional level, but also at the faculty, school and departmental levels of any university.

What is Research Culture?

In the process of researching on institutional research culture I identified several characteristics. Many of these overlap in some way. I want to deal with some of these characteristics; some in a little more detail while others simply cursorily. In the process what we should be asking ourselves is the extent to which an institution, like the University of the Free State, and its faculties, individually and severally, is growing and or sustaining this culture.

Institutional Research Strategy: As a plan of action or guide for a course of action, the institutional research strategy must spell out research goals that a university wants to achieve. It must be a prescription of what the university needs to be done with respect to research. As a strategy it is neither an independent activity nor an end in itself, but a component part and operationalization of the university policy or mission. ( Related to this is the Establishment of Institutional research policies)

Includes and makes public the targets, e.g. achieve so many rated scientists and make sure that every year we have so many SAPSE publications. That way people keep an eye on research agendas of the university and nation.

The UFS is obviously on its way, having launched its own Research strategy (A Strategic framework for the development of research at the University of the Free Sate. August 2003). Note that this strategy refers specifically to the “Culture of research” Fig 1

A set of administrative practices to support and encourage research. Patricia Clements (English Department, University of Alberta, Edmonton) in her presentation Growing a research culture argues that that research activity and output within the her Faculty (Arts) were very low and, in spite of the numbers of staff, with no Associate Dean for Research in the Faculty as though they had accepted that research belonged to Medicine and Science and Engineering, and teaching, separated from inquiry, belonged to the Arts. With the change in the thinking about research and development of research culture, it became clear that there was a major role for research support in a faculty her size (now about 360 full time continuing academic staff). The faculty developed a support system for research and began to address the SSHRC issues.

Reduce the bureaucracy system and micromanagement of research! This however, also implies that there is capacity and policies and procedure to manage and guide research processes

Establishment of Intellectual Property regulations and assistance

Research ethics policy and safeguarding by research administration

Focused, applied and suitable nature of the delivery mode (an institution open to new methodologies for conducting research

Programmes suited both full and part-time study particularly at graduate level (Mainly at Faculty/school and department level, and depending on what’s manageable)

Hiring senior academics to engage in, teach on and supervise postgraduate students to facilitate exchange of and transfer ideas and most importantly mentorship especially in view of declining numbers of researchers in particular fields

Quality instruction and facilitation in learning about research processes

A high retention rate of students maintained by the supportive and challenging learning environment and the use of online facilities to support collaboration and in-class learning

Availability of research grants: and awareness of sourcing funds from external sources like the National Research Foundation; Water Research Commission; Medical Research Council, private philanthropies and others outside the country. For example an institution should be able to assess how much of the slice the available funds (NRF etc) its able acquire and possibly top slice from institutional budget.

Adequacy of the financial reward system to encourage university staff members to do research (General Celebration of achievement for research excellence and achievement. This ranges form Annual reports mention; celebratory dinner. At Alberta researchers were given lapels. I don’t know of any academic who do not feel a sense of achievement to get into print or recognised. Access to research facilities within and outside the institution

Provision of infrastructure to support university-based research (e.g. equipment, admin support, etc.) – but also awareness of publicly funded and available research facilities and equipment!

Internet connectivity and changes in the bandwidth of the internet to download articles

Subscription to related bodies by the library so that researcher can download articles

Facilities and resources to attend international conferences to keep one updated

Number of visiting professors/speakers targeting senior scholars and invite them to lunch to ask them to participate and to encourage their best graduate students to do so within the institution and across institutions

Research training seminars for research students including young academics

Participation of staff/students in delivering research papers to national and international conferences

Establishment of research groups to provide interaction frameworks to achieve critical mass of research-active staff

Facilitation for more research time: Targeting new scholars and giving them reduced teaching loads in their first year or two for the purpose of developing their research programs. For the purpose of helping new colleagues to see the shape of South African research support, personalizing it, and creating research community

Take research to the community and argue its necessity, and utility

And, finally celebrating excellence. We must recognize achievement - parties and public recognition for colleagues who achieve splendid things in their research.

In conclusion, I want to reemphasize that research culture has to be grown it does not simply exist in an institution. If it is grown it needs to be nourished, nurtured and sustained. An institution cannot simply leave on borrowed reputation and expect to remain research excellent. It is on this basis that instruments like the National Research Foundation rating system recognizes excellence within a given period of time and not necessarily for a life time! This it is believed encourages continued research excellence.

THANK YOU and best wishes

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