Faktore wat 'n invloed kan hê op die beste belang van die kind in die kriminele hof

Abstract

This research study forms part of a larger investigation that has taken place in two of the provinces in South Africa. This research is the second step in completing an umbrella project with the overall aim of developing a valid measuring instrument that can measure the principle of the best interest of the child in criminal courts within the South African legal system in an objective and relevant manner. However, to put together the constructs of such a measuring instrument, a systematic review of the existing national and international literature on the principle of the best interest of the child should be done first, and then contemporary factors should be identified at the macro level. These measures will contribute to maintaining the best interest of children in courts. The value of such a measuring instrument will be in that it will enable the South African legal system and the Department of Social Development to review their practices and policies on a regular basis and to make the necessary adjustments. The measuring instrument should reflect the appropriate and complete list of contributing factors, be specific enough to identify the legal system's inconsistencies, and distinguish between human interactive, structural and process factors that can influence the best interests of the child. Furthermore, it should also be sensitive enough to accurately highlight the gaps in situations where the best interests of the child are not fully protected. In this investigation, the researcher will look at these factors through a literature study and an empirical investigation as well as other factors that may possibly contribute to or influence the principle of the best interest of the child in the South African legal system.