Family and Matrimonial Law Aurelia Singh Family and Matrimonial Law Aurelia Singh

The right to bury a foetus younger than 26 weeks

In a recent judgment delivered by the High Court in Pretoria during April 2021, rights were afforded to parents to bury or cremate a foetus that is younger than 26 weeks old. Prior to this case, no burial rights were afforded to foetus’s younger than 26 weeks. In this case, the court ruled that amendments needed to be made to the Birth and Deaths Registration Act to allow for such burials. Although the Constitutional Court still needs to endorse the ruling, the ruling has been widely welcomed by the general public.

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Gender-Based Violence: Finding Refuge during Lockdown

Imagine being trapped in your own home with your abuser. With no escape, and the only way out being a permit allowing you to do so. Terrifying thought, isn’t it? The thing is, for most women in South Africa, this has been their reality since the presidency imposed a nation-wide lockdown in a bid to stop the rapid spread of coronavirus, known as COVID-19.

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Family and Matrimonial Law HJW Attorneys Family and Matrimonial Law HJW Attorneys

It Could Become Illegal to Allow a Child to Use a Phone which can Access Pornography

Being a law firm that often works with families, children and schools, we are always shocked to see how early on in life children in South Africa are exposed to pornography. According to recent statistics, it has been found that the average age of exposure by children to hardcore pornography in South Africa is 10!

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Family and Matrimonial Law HJW Attorneys Family and Matrimonial Law HJW Attorneys

Intimate Partner Violence

According to a study conducted by the Medical Research Council and Centre for Public Mental Health, on average, a woman dies every 8 hours at the hands of her partner. However, despite public outcry, social movements, various laws and Government strategies in place, violence against women at the hands of their partners persists.

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Family and Matrimonial Law HJW Attorneys Family and Matrimonial Law HJW Attorneys

Medical consent for children

Whilst it is clear that where only one parent holds full parental rights and responsibilities in respect of a child, that parent may consent to the child’s medical treatment without the consent of any other party, there has been some uncertainty as to the position regarding medical consent for a child’s medical treatment when both parents co-hold parental rights and responsibilities.

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