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Legal capacity and family status in child-headed households: Challenges to legal paradigms and concepts

Published online by Cambridge University Press:  25 February 2010

Elsje Bonthuys
Elsje Bonthuys*
Affiliation:
School of Law, University of the Witwatersrand, South AfricaE-mail: Elsje.Bonthuys@wits.ac.za
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Abstract

In its 2005 Household Survey, Statistics South Africa counted 143,167 children living in child-headed households. The increased numbers of such households is usually ascribed to the death of parents from AIDS, and researchers expect them to increase further in the future. Similar household formations are also found in other Southern African countries such as Zimbabwe, Botswana, Uganda, Lesotho and Tanzania. Although the research indicates that children living in child-headed households usually experience emotional trauma, poverty and problems with accessing education, health care and social welfare grants, the consensus amongst children’s advocates and academics is that placing all such children in institutions, foster homes or adoption is not currently a viable or an optimal solution. The existence of child-headed households and the urgent need to assist children living in them exposes the inadequacy of several common law legal concepts and paradigms. This paper explores some practical and conceptual arguments for assigning family status to child-headed households and for awarding legal capacity to the minors who head these households.

Type
Research Article
Information
International Journal of Law in Context , Volume 6 , Issue 1 , March 2010 , pp. 45 - 62
Copyright
Copyright © Cambridge University Press 2010

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