The Normative Dilemma(s) in the African Human Rights System and its Effects on the Development of Human Rights Jurisprudence: A Focus on the African Court on Human and Peoples’ Rights and The African Committee of Experts on the Rights and Welfare of the Child

by | May 11, 2026 | SLR, SLR V36 I2

The Normative Dilemma(s) in the African Human Rights System and its Effects on the Development of Human Rights Jurisprudence: A Focus on the African Court on Human and Peoples’ Rights and The African Committee of Experts on the Rights and Welfare of the Child

Authors: Robert Doya Nanima & Benyam Dawit Mezmur

ISSN: 1996-2193
Affiliations: LLB Dip.LP LLM LLD, Associate Professor, University of Western Cape; LLB LLM LLD, Professor, University of Western Cape
Source: Stellenbosch Law Review, Volume 36 Issue 2, 2025, p. 235-268
https://doi.org/10.47348/SLR/2025/i2a7

Abstract

The butterfly effect illustrates how a small oversight, if left unchecked, can have significant consequences over time. A pertinent example of this principle is found in the Protocol establishing the African Court of Human and Peoples’ Rights, which notably does not grant the African Committee of Experts on the Rights and Welfare of the Child direct access to this court. This omission is particularly striking when compared to the limited access afforded to the African Commission on Human and Peoples’ Rights. To address this impasse, the Committee sought an advisory opinion from the African Court regarding its access. This contribution critically analyses the Court’s advisory opinion in relation to the submissions made by the Committee. The analysis is reflective and proffers some insights worthy of future consideration. It attempts to analyse some of the premises used by the Court to arrive at the final decision in its advisory opinion. The reasons provided, while mostly procedural, cannot shy away from some of the substantive child rights principles that informed, and should have informed the advisory opinion. The sources used for this reflection include submissions by the African Committee, the advisory opinion, the procedural rules of the African Court, the experiences of other regional courts and the jurisprudence of the Court.

Towards a Gender-Inclusive Belgian Parentage Law? A Multidisciplinary Analysis on the Position of Homosexual Couples and their Children

by | May 11, 2026 | SLR, SLR V36 I2

Towards a Gender-Inclusive Belgian Parentage Law? A Multidisciplinary Analysis on the Position of Homosexual Couples and their Children

Author: Emilie Hermans

ISSN: 1996-2193
Affiliations: LLD Legal Advisor, Royal Federation of Belgian Notaries, Volunteer Research Associate, University of Hasselt
Source: Stellenbosch Law Review, Volume 36 Issue 2, 2025, p. 269-289
https://doi.org/10.47348/SLR/2025/i2a8

Abstract

Belgian parentage law has historically been rooted in a traditional, heteronormative framework. While the Act of 5 May 2014 granted legal parentage rights to the female partner of a birth mother, homosexual male couples remain excluded from similar legal recognition. They must still rely on adoption or surrogacy, both of which pose significant legal uncertainties. This contribution examines whether such disparities are tenable and explores possible solutions.
Adopting a multidisciplinary approach, the contribution first provides a legal historical analysis of the evolution of parentage law for same-sex couples in Belgium. Secondly, it reviews social science research on child well-being in diverse family structures, emphasising that parenting quality and social support are more crucial than family composition. Finally, it presents a concise comparative legal analysis of Dutch law. In particular, it analyses the Dutch legislative proposal of 3 July 2023, which introduces a legal framework for surrogacy. This proposal seeks to balance the rights and interests of intended parents, the surrogate mother and the child. It particularly establishes that intended parents will be recognised as the child’s legal parents from birth and will be listed as such on the birth certificate.
The findings suggest that Belgium’s current legal framework does not provide equal protection for children of homosexual parents. The absence of clear surrogacy regulations creates inconsistencies, placing intended parents at the mercy of uncertain legal processes. Social science research affirms that children raised by homosexual parents fare just as well as those in heterosexual families, undermining arguments against legal recognition. This paper, therefore, argues for a more inclusive parentage framework in Belgium, (partially) drawing lessons from Dutch legislative developments. Establishing a well-thought-out surrogacy framework could ensure equal treatment of all children, regardless of their parents’ gender or mode of conception, thereby promoting both legal certainty and social acceptance.

Destroying Ukrainian Identity through Russification – The Abduction of Ukrainian Children during the Russo-Ukrainian War

by | May 11, 2026 | SLR, SLR V36 I2

Destroying Ukrainian Identity through Russification – The Abduction of Ukrainian Children during the Russo-Ukrainian War

Author: Arthur van Coller

ISSN: 1996-2193
Affiliations: BA (Law) LLB LLM HDipTax PGDHET LLD, Programme Coordinator, STADIO Higher Education
Source: Stellenbosch Law Review, Volume 36 Issue 2, 2025, p. 290-325
https://doi.org/10.47348/SLR/2025/i2a9

Abstract

This article examines the legal and humanitarian implications of Russia’s policy of abducting, forcibly transferring, and deporting Ukrainian children during its armed conflict with Ukraine. Russia’s actions have resulted in the systematic separation of children from their families, their transfer within occupied Ukrainian regions, and deportation to Russia and Belarus. Russia has further attempted to erase the Ukrainian identity through Russification and the denial of language and cultural rights. The article evaluates the international legal framework, including the Geneva Conventions, the Convention on the Rights of the Child, and the Genocide Convention, and assesses Russia’s conduct against these standards. The article also analyses the challenges of legal accountability, with reference to the limitations of domestic and international mechanisms for holding perpetrators of these offences to account. The article further considers relevant recent reports on the scale and organisation of the abductions, as well as the international response thereto. The article concludes that, despite widespread condemnation and some positive developments, the prospects for effective accountability remain limited. The continued impunity for crimes against Ukrainian children undermines international law and poses significant risks for future peace and security. The article calls for strengthened international cooperation, improved legal frameworks, and sustained advocacy to protect children in conflict zones and ensure justice for victims.

The SADC Model Law on Data Protection of Children’s Personal Information in SADC Countries

by | May 11, 2026 | SLR, SLR V36 I2

The SADC Model Law on Data Protection of Children’s Personal Information in SADC Countries

Authors: Komborerai Allan Manenji

ISSN: 1996-2193
Affiliations: LLB LLM (International Law), Acting Advocacy and Compliance Manager, Postal and Telecommunications Regulatory Authority of Zimbabwe
Source: Stellenbosch Law Review, Volume 36 Issue 2, 2025, p. 326-349
https://doi.org/10.47348/SLR/2025/i2a10

Abstract

This contribution provides an overview of the legal framework governing the processing of children’s personal information in Southern African Development Community (“SADC”) countries, with a focus on the SADC Model Law on Data Protection. With the proliferation of digital technologies and online platforms, children are increasingly engaged in the digital space, raising concerns about the protection of their personal data. The legal landscape in the SADC region is evolving, driven by international norms and regional initiatives. This contribution examines the key principles and provisions of the Model Law relevant to safeguarding children’s personal information and further explores national legislation to assess its alignment with the Model Law. It highlights definitions of personal and sensitive data concerning children, the rights of child data subjects, and the obligations of data controllers, such as obtaining parental consent, implementing security measures, and adopting age-appropriate data practices.
The discussion includes the role of supervisory authorities in enforcing compliance and promoting accountability. Challenges such as weak enforcement mechanisms and cross-border data transfers are examined, emphasising the need for harmonised data protection laws across the region. This contribution highlights the significance of a robust legal framework and the role of the SADC Model Law on Data Protection in safeguarding children’s personal information in the digital age. By adhering to principles of data minimisation, purpose limitation and accountability, SADC countries can foster a safe and conducive environment for children to engage in online activities while respecting their privacy rights and best interests.

Trapped in a State of Oblivion: A Quest for Durable Legal Status for Unaccompanied Children in South Africa

by | May 11, 2026 | SLR, SLR V36 I2

Trapped in a State of Oblivion: A Quest for Durable Legal Status for Unaccompanied Children in South Africa

Authors: BJ Machaka & A Moyo

ISSN: 1996-2193
Affiliations: LLB LLM LLD, Postdoctoral Fellow, Stellenbosch University; LLB LLM PhD, Senior Lecturer, Stellenbosch University
Source: Stellenbosch Law Review, Volume 36 Issue 2, 2025, p. 350-372
https://doi.org/10.47348/SLR/2025/i2a11

Abstract

Unaccompanied children seeking international protection face significant legal challenges, often trapped in a state of uncertainty due to their precarious legal status. This uncertainty stems from time-limited permits, prolonged delays in adjudication and insufficient legal and policy frameworks. The lack of secure legal status frequently impedes their access to essential services, such as education, healthcare and gainful employment, as they transition into adulthood. It also leaves them vulnerable to exploitation, abuse, neglect and statelessness. In South Africa, unaccompanied minors often find themselves caught between national security concerns and the protection of children’s rights, as the state attempts to balance safeguarding its citizens and resources while ensuring the protection of vulnerable foreign children. This contribution argues that legislative and administrative gaps, compounded by a rigid migration control discourse, trap unaccompanied minors in a legal limbo, preventing them from accessing the protection they require. Through the lens of South Africa’s constitutional commitment to children’s rights under section 28 of the Constitution, the contribution advocates a child-rights-based approach, urging the adoption of expedited, child-sensitive procedures and the creation of secure pathways to a durable legal status for unaccompanied children living in the country.