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 Prof. Julia Sloth-Nielsen

Position: Professor
Department: Public Law and Jurisprudence
Faculty: Faculty of Law
Qualifications: BA - University of Stellenbosch, 1979
LLB – University of Stellenbosch, 1981
LLM in Criminology – University of Cape Town, 1987
LLD - University of the Western Cape, 2001 (Thesis title:  The influence of international law on South Africa’s Juvenile Justice Reform process)
Tel: 021 959 9466
Fax:  
Email: jsloth-nielsen@uwc.ac.za
Research:
 
 
 
 

Biography

 Shortened CV

Prof Julia Sloth-Nielsen was Dean of the Faculty of Law from 2009  to 2013 at University of the Western Cape.  She teaches children’s rights, international family law and child justice. She was a member of the project committee of the South African Law Commission which drafted the Child Justice Act 75 of 20078 and the Children’s Act 38 of 2005. She also has expertise in criminal justice and prisons. She was elected to the African Committee of Experts on the Rights and Welfare of the child in January 2011, and in November 2012 was elected 2nd vice chair. She has published Children’s Rights in African Context: A legal analysis (Ashgate 2008), and consulted widely to governments in eastern and southern Africa undertaking law reform with respect to children’s rights. She boasts more than 100 accredited articles and book chapters. She enjoys a B2 rating from the National Research Foundation of South Africa.

Publications

2. Consulting editor Socio-Economic Rights in South Africa. A Resource Book (Khoza, S (ed)), Bellville, Community Law Centre, University of the Western Cape (2006)

4.’(Illicit) transfer by De Gree’ 2007 (11:2) Law, Democracy & Development  81 – 100 (with B Mezmur)

5. ‘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)

6. ‘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)

Chapters in books

7. ‘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

8. 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 

9. ‘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.

2008

Accredited Articles

10. ‘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)

11. 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

12. ‘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

13.‘A dutiful child: Article 31 of the African Children’s Charter’ 2008 (2) Journal of African Law  (with B Mezmur ) 159-189

14.‘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.

15. ‘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).

16.’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

Chapters in books/Books

17.’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)

18. ‘Children in Prison in Africa’ in J Sarkin (ed) Human rights in African prisons, HSRC Press, Cape Town (2008) pp117-133.

19. Children’s rights in Africa: A Legal Perspective (J Sloth-Nielsen, Ed) (book comprising 18 chapters, ISBN 978-7546-4887-1, Ashgate, Dartmouth, 2008)

20. ‘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

21.’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

22. ‘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

23. ‘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).

24.’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).

25. ‘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.

2009

Accredited articles

26. ‘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)

27. ‘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)

28. ‘Seen and Heard: New Frontiers in Child Participation in Family Law Proceedings in South Africa’ vol 23(2) 2009 Speculum Juris  1-19

29.’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

Chapter in book

30. ‘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.

2010

Accredited articles

31. ‘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)

32. ‘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)

33. ‘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)

34.  ‘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)

Chapter in book

35. 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)

2011

Accredited articles

36.‘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)) (2011) Journal of African Law 203-229 (with Wakefield, L and Murungi, N)

37.‘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)

 38.‘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

Chapters in books

39.‘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

40. ‘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

2012

Accredited articles

41.‘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

 42.‘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)

44.‘Modern African Childhoods: Does Law Matter?’ in MDA Freeman (ed) Current Legal Issues Volume 14: Law and Childhood Studies Oxford University Press 2012 (pages117- 132) ISBN  9780199652501

45.‘The Botswana Children’s Act 2009: a revolution for child and family law’ in B Atkin (ed) 2012 International Survey of Family Law

 Jordan Publishers, UK

46. ‘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

2013

Accredited Articles

47.“A maturing manifesto: children’s rights under the South African Constitution 2008-2012” with 2013 volume 4 International Journal on Children's Rights 646-678 (with H Kruuse)

 48. “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 

49. ”Surrogacy South African style Family Law News (vol (6(1) pp 21-23 (not accredited)

Chapters in books

50.‘The Angolan Law on the Holistic development of the Child, 2012’ (with A Mandlate) in B Atkin (ed) International Survey of Family Law (Jordan Publishers, UK)

51. ‘Child protection”  (parts 1,2,3,and 4)  for the looseleaf Commentary on the Children’s Act (Davel and Boezaart,eds) (68pp) Juta and Co, Cape Town  (first update 2013)

Forthcoming or published 2014

52 ‘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) (published January 2014)

53. Children’s Rights and Parental Authority: African Perspectives (Routledge Handbook of Family law and Policy, (Eekelaar J and George R eds) pp 281-288 (published May 2014)

54.“Children, the constitution, the law and social policy in State of the Nation 2013” Human Sciences Research Council State of the Nation 2014 (G Hagg (ed)chapter 13.(published July 2014)

55.  The Lesotho Child Care and Protection Act and orphans and vulnerable children” in B Atkin (ed) International Survey of Family Law Jordan Publishing 2014 (published June 2014)

56. “The Zanzibar Children’s Act: Process, Progress and potential” in Maina Peter C, Ed “The Laws of Zanzibar” (expected September 2014)

57.“Chapter 14: The Convention on the Rights of the Child in litigation in the African region: lessons from the communication procedure under the ACRWC”  (J Doek and T Liefaard (eds) Springer publishers,)  (expected November 2014)

58. Child Headed households –an annotated bibliography (Oxford University Press annotated bibliography series) (hopefully to be submitted end August 2014 for electronic publication)

59. “Socioeconomic rights and the African Charter on the Rights and Welfare of the child”  (D Chirwa and L Chenwi (eds) “Litigating socio-economic rights” (expected Cambridge University Press November 2014)

60. “Kafalah  as a form of alternative care” (with M Assim) submitted to the African Human Rights Law Journal)(submitted, awaiting feedback from editors)

61. “Sailing between Scylla and Charybdis: Mayelane v Ngwenyama (with H Kruuse, accepted after peer review for publication in the Potchefstroom Electronic Law Review )

62. The intersection between article 6 of the CRC and early childhood development” (with S Philpott, accepted for publication in a theme issue of the Stellenbosch Law Review (2015)

63. What’s in a name? Child Friendly Justice in Africa (in S Mahmoodi  “Child Friendly Justice” Brill publishers to be submitted for final submission end August 2014).

64. Children, digital technologies and freedom of expression in African context (in preparation for submission to an accredited journal)

 

 

Networks

 Member, International Society of Family Law

Member, Editorial board, International Journal of Children’s Rights

Member, Project Committee on Juvenile Justice, South African Law Reform
Commission

Member, National Council on Correctional Services

Member, Project Committee on the Review of the Child Care Act, South African Law Reform Commission

Member, editorial board, Law Democracy and Development

Member, editorial board: Article 40 (published by the Community Law Centre, University of the Western Cape)

Member of the Board, Restorative Justice Centre, Pretoria

Co-founder of the Civil Society Prison Reform Initiative

Preparing and lecturing on children’s rights and juvenile justice for Justice College training modules for magistrates

Numerous contracts for training of justice officials and social workers in South Africa (in all provinces), Namibia, Mozambique, Lesotho, Southern
Sudan, etc

Member, Inter-agency panel on Juvenile Justice (Geneva)

Member, editorial board: Article 19 (published by the Community Law Centre, University of the Western Cape)

Awarded tender to draft the regulations to the South African Children’s Act

Member of the Board, Resources aimed at the Prevention of Child Abuse and Neglect (RAPCAN)

Contracted as an independent expert to assist with the drafting of the Namibian Child Care and Protection Bill

National Research Foundation rating - B2 (internationally acclaimed researcher)

Contracted as international expert to draft the Zanzibar Law of the ChilD
(Sheria wa Mtoto)

Contracted as an international expert to oversee the drafting of parts of the
regulations to the Tanzania Law of the Child Act

Appointed Honor Jury Panel Member to adjudicate in the 2011 International Human Rights Essay Competition on children’s rights run by the Academy on Human Rights, Washington College of Law

Invited to a regional child protection seminar as a consultant by UNICEF Eastern and Southern Africa

Elected to become a member of the International Academy of Comparative Law Association
 
Elected member of the African Committee of Experts on the Rights and Welfare of the Child

Contracted to draft training child friendly materials for the Namibian Police

Invited to address the UN Human Rights Council Day of Discussion on Children and the Administration of Justice, 8 March 2012

Panelist in the DCI/Embassy of Austria side event at the Human Rights Council on Child Friendly Justice in Africa, 8 March 2012

Keynote speaker at the Quaker side event on Children of Incarcerated parents, 9 March 2012

Invited expert at the Roundtable to prepare the 2013 African Child Wellbeing Report, Addis Ababa

International book proposal reviewer for Routledge and for Ashgate publishers; for article for the Children and Youth Services Review (a high impact journal published from California)

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