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Periodical article | Leiden University catalogue | WorldCat |
Title: | Spoiling the child: domestic violence and the interests of children |
Author: | Bonthuys, Elsje |
Year: | 1999 |
Periodical: | South African Journal on Human Rights |
Volume: | 15 |
Issue: | 3 |
Pages: | 308-327 |
Language: | English |
Geographic term: | South Africa |
Subjects: | assault and battery child care family Law, Legal Issues, and Human Rights Cultural Roles Marital Relations and Nuptiality Women and Their Children |
External link: | https://doi.org/10.1080/02587203.1999.11835013 |
Abstract: | The adoption in South Africa of the Prevention of Family Violence Act 133 of 1993 indicates that aggression directed primarily against women in relationships of marriage and cohabitation should no longer be regarded as legitimate and provides mechanisms to prevent further such violence. Included in the scope of the legislation are children who live with battered women. This article assesses the extent to which the interests of children are taken into account by legislation on domestic violence. It explores the links between such violence and the allocation of parental power on divorce. It argues that the legal protection of victims of domestic violence could be further improved by a recognition of the links between domestic violence and the victims' responsibility for children. Interpretations in the courts of the best interests of children, e.g. when granting custody, should take into account the effects of domestic violence and ongoing battering directed at women on their children. Ignoring this not only discourages abused women from turning to the legal system, but also perpetuates their position of powerlessness. Legal changes are urgently needed. The principle of no-fault divorce should only be applied to the issue of the dissolution of the marriage itself. Notes, refs., sum. |