THE NATURE AND AIMS OF HUMAN AND CHILDREN’S RIGHTS

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The primary institutions

The primary institutions offer the child valuable education and an indispensable support system. They offer education on norms, customs, values, traditions, beliefs and other important social practices. Despite the important roles they play in educating, socialising and protecting children, and in promoting their interests, needs and welfare, children continue to be victims of a host of adversarial treatment from what is supposed to be their haven of security and by the people who are supposed to be the custodians of their best interests. As a result some children are forced to live off the street, begging and stealing (Prinsloo 1999: 116). Worse than 14 this, they have to contend with extreme weather conditions and also suffer the pain of alienation (City Press, 9 May 1999 : 13). However, children sometimes are accountable forthe inhuman conditions they sometimes find themselves in. This happens when children view their rights as absolute, thus exercising some of these rights in an irresponsible way. As a result, children become lawless, disobedient, disrespectful, and display all sorts of bad behaviour.

The secondary institutions

Secondary institutions extend and complement the education started by the primary institutions. The schools as components of the secondary institutions play an important role in bridging the gap between the intimate, personal life of the family and the more objective and impersonal life of society which the child will be confronted with after leaving school (Prinsloo 1999:46). Thus the child must experience positive treatment and acquire good human qualities so that he can practise them as an adult. However, ifthe situation in schools is characterised by harsh social conditions, ill-treatment and severe punishment, it will not prepare the child for life in a democratic society. Instead it will lead to the development of distrustful and cruel adults who will be hostile and often incapable of close relationships (Stone in Peens 1997 :3 ). Such learners will be social outcasts who often come back to haunt schools and the society as hardened criminals. These children are not suitable candidates for education in clubs and associations, because they cannot form close relationships, instead they are characterised by unhealthy and volatile relationships. According to Durkheim (1956 :28), education in the secondary institutions comprises the influence exercised by adult generations on those that are not yet ready for social life.

The tertiary educative institutions

Prinsloo (1999:47) maintains that the mega- and micro- organisations such as the state, regional government and local authorities have a powerful influence on children, moreover they determine the legislation, rules and regulations that govern the society. Anything they do or say is taken at face value and also is emulated by children. These children also use words of members of these organisations as the basis of argument for their behaviour whether good or bad. These organisations played an important role in realising and protecting children’s rights. But sometimes the efforts of these organisations are not realised in practice. They are not enacted and practically enjoyed by the people they are meant to protect. The printed and electronic media, such as the press, TV, radio and films are indispensable sources of information to everybody, children included. Thus the present generation is more informed and knowledgeable on many aspects oflife. However, the information presented by the media is changing and is sometimes so contradictory that it causes confusion in many children. To help these children to cope with and to handle this ever-changing information overload parental guidance is strongly recommended.

Black secondary school learners

The concept » learner » as it is used in this investigation refers to a child who attends secondary school. Normally these learners are in grades eight to twelve. The study will focus on learners who are in grades ten, eleven and twelve. Learners in this grade are in a struggle to affirm themselves in all aspects of life. As a result they are actively involved in social activities which involves learning and discovery. They are fortunate to have printed and electronic media which furnish them with valuable information. Among the information they receive is that concerning their rights. As a result of the sudden discovery of their rights, with little proper guidance on how to claim and enjoy them, they attribute to this concept explanations and interpretations which are acceptable to them. This has various implications for their education, relationship and development.

THE NATURE AND AIMS OF A DECLARATION OF HUMAN RIGHTS

Human rights can be defined as entitlement, which is basic to being human and not connected to the accident of being born in a certain country or with skin of a particular colour. (Colloquy of Directors of Educational Research 1991: 184 ). This definition highlights and emphasises article 1 of the Universal Declaration of Human Rights, which states that, « All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. ». Article I contains the most important ideal, which is still far from being realised, considering the high crime rate and countless civil wars, which occur world-wide. Although human being, sometimes ignore human rights, these rights have been created to guide relationships and interactions. Human rights are there to create and maintain universal peace, order and harmony among human beings. If the ideas of the Universal Declaration of Human Rights are observed, then people would learn to live in harmony with one another irrespective of their cultural differences.

TABLE OF CONTENTS :

• CHAPTERl PROBLEM FORMULATION, AIMS AND METHOD OF RESEARCH
  • 1.1 GENERAL ORIENTATION
  • 1.2 AWARENESS OF THE PROBLEM
  • 1.3 PROBLEM ANALYSIS
    • 1.3.1 Statement of the problem
    • 1.3.2 Delimitation of the scope of the study
  • 1.4 AIMS OF THE RESEARCH
    • 1.4.1 General aims
    • 1.4.2 Specific aims
  • 1.5 CONCEPT DEFINITION
    • 1.5.1 Human rights
    • 1.5.2 Children’s rights
    • 1.5.3 Education
    • 1.5.4 Socio-education
    • 1.5.5 Socio-educative situations
    • 1.5.5.1 The primary institutions
    • 1.5.5.2 The secondary institutions
    • 1.5.5.3 The tertiary educative institutions
      • 1.5.6 Socialisation
      • 1.5.7 Black secondary school learners
    • 1.5.8 Rural area
  • 1.6 METHOD OF RESEARCH
    • 1.6.1 Literature study
    • 1.6.2 Empirical study
      • 1.6.2.1 Interviews
      • 1.6.2.2 Focus group interviews
      • 1.6.2.3 Observation
• 1. 7 RESEARCH PROGRAMME

• CHAPTER2 THE NATURE AND AIMS OF HUMAN AND CHILDREN’S RIGHTS
  • 2.1 INTRODUCTION
  • 2.2 THE NATURE AND AIMS OF A DECLARATION OF HUMAN RIGHTS
  • 2.3 THE DEVELOPMENT OF CHILDREN’S RIGHTS
  • 2.4 THE NEED FOR THE CREATION OF CHILDREN’S RIGHTS
  • 2.5 CHILDREN’S RIGHTS
    • 2.5.1 An overview of children’s rights
    • 2.5.2 Basic children’s rights
  • 2.6 ADVOCATING CHILDREN’S RIGHTS
  • 2.6.1 The role of the primary educational situation in advocating and protecting children’s rights
  • 2.6.2 The role of secondary educational institutions in advocating and protecting children’s rights
• CHAPTER3 THE DEVELOPMENT AND MANIFESTATION OF HUMAN AND CHILDREN’S RIGHTS IN SOUTH AFRICA
  • 3.1 INTRODUCTION: THE MANIFESTATIONS OF HUMAN RIGHTS IN SOUTH AFRICA
    • 3.1.1 The manifestation of human rights as part of social behaviour
    • 3.1.2 The manifestation of human rights with regard to crime
    • 3.1.3 The consequences of the negative manifestations of human rights
  • 3.2 THE MANIFESTATION OF CHILDREN’S RIGHTS IN SOUTH AFRICA
    • 3.2.1 The manifestations of children’s rights within the primary educational institutions
    • 3.2.1.1 The family
    • 3.2.1.2 The neighbourhood
    • 3.2.1.3 The peer group
    • 3.2.2 A socio-educational perspective of children’s rights
    • 3.2.3 The primary educator’s perspective of the negative manifestations of children’s rights
• CHAPTER4 RESEARCH DESIGN
  • 4.1 INTRODUCTION
  • 4.2 THE ROLE OF THE RESEARCHER
  • 4.3 ASSUMPTIONS ON WHICH THE INVESTIGATION WAS BASED
    • 4.3.1 Assumption
    • 4.3.2 Assumption
  • 4.4 CHOICE OF METHODOLOGY AND DESIGN OF THE PRESENT STUDY
    • 4.4.1 Qualitative research
    • 4.4.2 Interviews
    • 4.4.3 Focus group interviews
    • 4.4.4 Sampling for this study
    • 4.4.4.1 General principles regarding sampling
    • 4.4.4.2 Sample of high school learners
    • 4.4.4.3 Sample of teachers
    • 4.4.4.4 Sample of parents
    • 4.4.5 Participant observation
    • 4.4.6 Pilot study
  • 4.5 DATA GATHERING AND PROBLEMS ENCOUNTERED
    • 4.5.1 Participant observation in schools
    • 4.5.2 Interviews with school principals and tribal leaders
    • 4.5.3 Focus group interviews with teachers
    • 4.5.4 Focus group interviews with parents
    • 4.5.5 Focus group interviews with learners
  • 4.6 RELIABILITY AND VALIDITY
  • 4.7 TRANSCRIBING THE DATA
  • 4.8 ANALYSIS OF DATA
  • 4.8.1 Organising the data
  • 4.8.2 Coding of data
  • 4.9 SYNTHESIS
• CHAPTERS ANALYSIS, INTERPRETATION AND DISCUSSION OF FINDINGS
• CHAPTER6 RESUME OF THE RESEARCH FINDINGS, RECOMMENDATIONS FOR IMPROVEMENT OF PRACTICE AND FURTHER STUDY

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