Judge Of High Court Research Articles

From Suffering to Sovereignty: The Dimensions of Euthanasia and Right to Die with Dignity

Provided the complex socio-legal fabric of India, the discourse on Euthanasia and the Right to die with dignity provokes profound ethical, legal, and societal questions. Therefore, a need to meticulously examine the varied dimensions of Euthanasia arises. Beginning with the basic understanding of the concept, a comprehensive analysis shall be made in regard to various philosophies associated of renowned political thinkers and philosophers. Additionally, comparative insights from foreign legal frameworks shall be drawn. The research includes judgments passed by the Indian judiciary regarding the legalization of Euthanasia with a clear debate in its context. The High Court Judgement of Gian Kaur v. The State of Punjab (1996) and Supreme Court judgments of Aruna Shanbaug v. Union of India (2011) and Common Cause v. Union of India (2018) proved to be the turning points in Indian legal history and shaped the stance of Indian judiciary on the legislation of Euthanasia. The breakdown of Law Commission reports (2006 & 2008) also finds their mention. Can the freedom to choose a dignified death—the ultimate act of human autonomy—be recognized by the law in a culture that is highly pro-life? If so, there’s a need to structure and strengthen regulations to adopt this choice.

Study Against Corruption Punishment of the Village Owned Enterprise Agency (BUMDes) of Berjo Village in Karanganyar District

By closing the case of the village chief who is involved in the corruption of village funds and the allocation of villages funds who have already been accused are subject to the threat of punishment in accordance with Articles 2 and 3 of the Act No. 31 of 1999 as amended by the Law No. 20 of 2001 on the Suppression of Criminal Prosecution of Corruption. How to Juridic Analysis of High Court Judges' Judgment Semarang No. 13/PID.SUS-TPK/2023/PT Smg against the Elements of Justice and Legal Certainty for Corruption Criminal Offenders BUMDes Berjo. The type of research used by the author is normative jurisprudence or library law research or doctrinal law research that can be interpreted as legal research by studying library and secondary materials. The method of approach used in this normative jurisprudence research is the Case Approach to Legislation. The data source used is Decision No. 13/PID.SUS-TPK/2023/PT Smg, No. 31 of 1999 on Combating Corruption Punishment, as amended and supplemented by the Law of the Republic of Indonesia No. 20 of 2001 on Amendments to the Law No. 31, 1999 of the Republik of Indonesia on Combatting Corruptions Punishments. Data Collection Techniques using Libraries and Documents Studies. Data Analysis Techniques with Qualitative Analysis.SUS-TPK/2023/PT SMG violates Article 2 paragraph (1) jo. Article 18 of the Law of the Republic of Indonesia No. 31 of 1999 on the Elimination of Crimes of Corruption, as amended and supplemented by the Law No. 20 of 2001 on the Amendment to the Law on the Supreme Implementation of the Constitution of the Republik of Indonesia Number 31 of 1999, on the Reduction of Criminal Implications of Coruption. Article 55 (1) paragraph 1 of the Code, with the elements of the following article: "Everyone". The element "Fighting the Law". The item "Committing an act of enriching himself or another person or a corporation". Item "Can harm the finances of the state or the economy of the State". The unit "Who commits, who commits and who accompanies the act". (1) That the judge of the High Court of Semarang ruled the corruption criminal case conducted by the village chief Berjo Suyatno bin Kartorejo was in accordance with the norms in force but in the view of the author still leaves a striking disparity dropped to the accused in corruption cases committed by officials or someone who has power. The prosecution against the accused is too light and has not satisfied the sense of justice in the community in particular for the people of the village Berjo Prefecture of Ngargoyoso district of Karanganyar and does not cause the effect of seizure for the defendants who have used the people's money (the community of the Village Berjo prefecture NgarGoyoso District of Karaganyar) for the personal interests of the Accused.(2) That the amount of the replacement money, although in the appellate judgment of the High Court of Semarang is greater than the judgement of the State Court, the penalty of imprisonment against the defendant as a substitute for the unpaid substitute money, is still too light and tends to be preferred to refrain from paying or refusing to refund the size of the compensation money to be paid by the accused and carrying out the criminal sentence in prison in exchange for the unepaid replacement payment money. Thus, it has been backward with the Government Program in an effort to maximize the reimbursement of the State/Region losses as a result of the corruption crime that has occurred.

Adolescent gender dysphoria management: position paper from the Italian Academy of Pediatrics, the Italian Society of Pediatrics, the Italian Society for Pediatric Endocrinology and Diabetes, the Italian Society of Adolescent Medicine and the Italian Society of Child and Adolescent Neuropsychiatry

BackgroundIn response to the imperative need for standardized support for adolescent Gender Dysphoria (GD), the Italian Academy of Pediatrics, in collaboration with the Italian Society of Pediatrics, the Italian Society for Pediatric Endocrinology and Diabetes, Italian Society of Adolescent Medicine and Italian Society of Child and Adolescent Neuropsychiatry is drafting a position paper. The purpose of this paper is to convey the author's opinion on the topic, offering foundational information on potential aspects of gender-affirming care and emphasizing the care and protection of children and adolescents with GD.Main bodyRecognizing that adolescents may choose interventions based on their unique needs and goals and understanding that every individual within this group has a distinct trajectory, it is crucial to ensure that each one is welcomed and supported. The approach to managing individuals with GD is a multi-stage process involving a multidisciplinary team throughout all phases. Decisions regarding treatment should be reached collaboratively by healthcare professionals and the family, while considering the unique needs and circumstances of the individual and be guided by scientific evidence rather than biases or ideologies. Politicians and high court judges should address discrimination based on gender identity in legislation and support service development that aligns with the needs of young people. It is essential to establish accredited multidisciplinary centers equipped with the requisite skills and experience to effectively manage adolescents with GD, thereby ensuring the delivery of high-quality care.ConclusionMaintaining an evidence-based approach is essential to safeguard the well-being of transgender and gender diverse adolescents.

How Does the High Court Interpret the Constitution? A Qualitative Analysis between 2019–21

Theorists of legal interpretation often argue that their theory describes or fits well with legal practice without using empirical evidence to support such claims. In this article, we provide a proof of concept for how such claims can be established using Critical Discourse Analysis – a qualitative method of coding texts – as applied to High Court decisions. Particularly, we assess whether a slightly modified version of Philip Bobbitt’s theory of constitutional modalities can be used to describe Australian constitutional interpretation working backwards from the start date of the project in August 2021. We find that Bobbitt’s modalities were used by High Court judges in the period studied. Predominantly, the High Court used the doctrinal modality supplemented strongly by textual and structural modalities. The ubiquitous use of doctrine to interpret the Australian Constitution in the period studied suggests a need for a greater understanding of doctrine as an interpretive modality.

Taxation of Income from Contract of Borrowing Other's Name: A Brief Analysis of Taipei High Administrative Litigation Division of High Administrative Court Judgment (112) Su Tze No.653

Taxation of Income from Contract of Borrowing Other's Name: A Brief Analysis of Taipei High Administrative Litigation Division of High Administrative Court Judgment (112) Su Tze No.653

Admissibility of Non-Muslim’s Witness Statement in Syariah Court: A Comparison Between Nyonya Binti Tahir and Kaliammal a/p Sinnasamy

In January 2006, the landmark judgment made by the Syariah High Court of Seremban in the case of Nyonya Binti Tahir, Ex P Majlis Agama Islam Negeri Sembilan & Yang Lain that Nyonya Binti Tahir was no longer a Muslim at the time of her death and allowed her family to carry out her funeral. The decision was held after the Syariah High Court Judge considered the deceased affidavit and the testimonies of the deceased children who are non-Muslims. The decision contrasted with one made in December 2005, Kaliammal a/p Sinnasamy v. Pengarah Jabatan Agama Islam Wilayah Persekutuan (JAWI) dan lain-lain, in which the Federal Territories of Syariah High Court determined that the deceased, Mount Everest climber Moorthy a/l Maniam, was a Muslim based on a military record, despite not having heard the testimony from his wife, Kaliammal. The Syariah Court of the Federal Territories refused to hear her testimony since she did not have any stand to testify in court. This case commentary critically analyses the rationale behind the Syariah High Court’s decision in the following case Nyonya Binti Tahir, Ex P Majlis Agama Islam Negeri Sembilan & Yang Lain in admitting non-Muslim testimony in the Syariah court.

The need and importance of social media adoption at Orissa high court Judges’ library: An overview

The need and importance of social media adoption at Orissa high court Judges’ library: An overview

Pervasive State Control On Temples: An Administrative Furore?

It all started with the eviction proceedings of a practicing advocate who was a tenant on the premises of the temple owned by the royal family of Travancore. The action of the executive officer who tried to oust the practicing advocate from the land on which he was a tenant was challenged. The predisposition of the tenant was that the executive officer himself lacked the authority to exercise powers by holding his office. In addition to that, the person vide whom he was appointed under hand and seal lacked the authority to do so since his authority in office was questioned. This spiked the fire of the famous Padmanabhaswamy Temple dispute which not only underscores pervasive state control but also speaks volumes of the pseudo-secularism in the exercise of administrative privileges present in the country. The action of a religious community to agree to the state control over its religious institutions on the condition prevailing that, the state shall hold the authority to take care of funds and management of transactions but not the religious activities of the Institution is a drowning Armada sure to sink. This is because the community is oblivious to the fact that investment in secularism starts with transactions undertaken and monetary power conferred. That the religious institution be governed by a secular body in addition to which the latter be vested with the power to make appointments of significant position holders to the religious institution goes against the very spirit of the provisions of the constitution. The right of a religious community to administer its religious institution which is not secular, perhaps essentially religious is an Essential Religious Practice or at least significant for carrying out its Essential Religious Practices. The Padmanabhaswamy Temple Verdict of the Apex Court, by taking into consideration the intricacies of the Covenant and interpretation of its clauses has accurately differentiated between the right of the state to supervise and the unwritten privilege enjoyed by it to control and administer. This paper focuses on:•Evolution of essential religious practice and its applicability to the Padmanabhaswamy Temple issue;•In-depth analysis of the Padmanabhaswamy Temple vis-a-vis the Kerala High Court judgment;•Shedding light on inspiring factors of the verdict: The Shirur Math Judgment and Chidambaram Temple Verdict that propelled as clarion calls for self-governance of religious institutions;•Highlighting how rampant and essential the judgment is for the community in the light of the Hindu Religious Endowment Board Act, 1951 and the reignited hope in the Judiciary along with constitutional provisions reinstated by it.

Analyzing the Ratio Decidendi: Court of Appeals Decision Reversing District Court’s Ruling in an Election Process Dispute

In practice, the General Election process disputes must be brought before the State Administrative Court. Decision Number 757/Pdt.G/2023/PN Jkt.Pst exceeded its jurisdictional limits. This is because the Central Jakarta District Court ruled over the dispute when it did not have the authority. The decision was revoked by decision Number 230/Pdt/2023/PT DKI due to its violation of applicable regulations regarding absolute competence. The legal basis for this revocation has been underscored in Article 470 of Law Number 7 of 2017 concerning General Elections and Article 25 of Law Number 48 of 2009 concerning Judicial Power. This study aims to determine the legal principle of decision Number 230/Pdt/2023/PT DKI, which overturned the Central Jakarta District Court's decision regarding the dispute over the General Election process. The research methodology utilized in this inquiry is normative legal research incorporating a statutory, conceptual, and case-based approach. The legal materials utilized include primary legal materials, such as laws, regulations, and court decisions, and secondary legal materials, including legal books, research journals, and theses pertinent to the research area. The findings indicate that the verdict issued by the DKI Jakarta High Court Judges' Panel was justified. As part of the Supreme Court's voorpost function, the Court of Appeals is responsible for addressing judicial technical and administrative matters that arise at the initial level.

Analyzing Recurring EPC Contract Clauses Leading to Court Cases in NHAI: Insights from High Court Judgments

Abstract: This study provides a thorough examination of frequently occurring Engineering, Procurement, and Construction (EPC) contract provisions that have resulted in legal disputes under the purview of the National Highways Authority of India (NHAI). This study intends to identify and examine the specific contractual clauses that have been the focus of legal issues in NHAI projects by drawing conclusions from a thorough assessment of High Court judgements. The study clarifies the underlying factors and ramifications of these conflicts, providing insightful viewpoints for those involved in the infrastructure and construction industries. This paper provides a platform for improving and strengthening EPC contracts to reduce potential conflicts and improve project execution efficiency by looking at the legal precedents.30 judgment from 2012 to 2021 were collected from Highcourt and identified recurring EPC contract clauses leading to court cases.

The Legal Dynamics of E-Commerce and Direct Selling: A Comprehensive Analysis of The Amway India Enterprises Vs. Union of India Case

This research paper delves into the landmark case of Amway India Enterprises vs. Union of India, adjudicated by the Delhi High Court in July 2019. The case pertained to alleged interference by e-commerce giants such as Amazon and Flipkart in the contractual relationships between direct selling companies and their independent sales representatives. The paper dissects the intricate legal facets of this case, encompassing constitutional matters, intellectual property rights, information technology laws, consumer protection, and contractual and tort laws. A central issue examined was whether e-commerce platforms were bound by the Direct Selling Guidelines, 2016, and if their actions constituted trademark violations. The case also probed the applicability of Section 79 of the Information Technology Act and intermediary responsibilities. The Delhi High Court's judgment wielded substantial influence over the Indian business landscape. E-commerce platforms were mandated to cease commercial activity on plaintiffs' products and furnish detailed seller data, necessitating operational adjustments. In conclusion, the Amway India Enterprises case signifies the evolving commerce dynamics in the digital era and underscores the pivotal role of the legal system in ensuring fair competition, consumer safety, and intellectual property preservation. As business landscapes evolve, this case illuminates the path toward a responsible, transparent, and secure online marketplace in India.

The Need for a Criminal Division of the High Court?

Abstract It seems to be assumed by some that ‘crime is easy’. Not the commission of it, nor the securing of ill-gotten gains from it, but the study, practice, and judging of it. In this paper, I challenge what might be a significant consequence of such an assumption—the systemic impacts on the appointment and deployment of High Court judges and the structure of the High Court. I argue that criminal judging at both first instance and on appeal is distinctive and demands a cadre of expert judges. I explore two core criminal roles performed by High Court Judges—one as a first-instance trial judge trying the most serious offence of murder, and the other sitting in an appellate capacity reviewing applications for leave to appeal from the Crown Court. This leads me to conclude that the current system of recruitment to the King’s Bench Division (KBD) of the High Court fails to guarantee that all KBD judges who sit in crime have the ideal level of expertise in criminal judging to equip them for that role. In turn, this prompts consideration of a range of solutions including, most radically, a proposal for the creation of a Criminal Division of the High Court, and the benefits that might offer.

LEGAL GYMNASTICS: AN EVALUATION OF THE JUDGMENT IN Z v Z [2022] ZASCA 113

The South African Supreme Court of Appeal (SCA) recently considered an appeal (Z v Z [2022] ZASCA 113) against an order of the Eastern Cape Division of the High Court, Port Elizabeth (ECD). The ECD upheld a special plea and confirmed that a parent lacks locus standi in judicio to claim maintenance from the other parent, for and on behalf of adult dependent children, during divorce proceedings (Z v Z supra par 2). The SCA, however, reasoned that the obligations of a divorce court set out in section 6 of the Divorce Act (70 of 1970) (the Act) by implication made provision for a parent to apply on behalf of an adult child for maintenance. The SCA, accordingly, dismissed the special plea and the appeal was upheld with costs.The SCA judgment is noteworthy as several previous High Court judgments found that adult dependent children must pursue claims for maintenance against their parents in their own name. Interestingly, most courts of first instance have reasoned that adult dependent children should be before the court when applying for maintenance. However, the SCA did not share the same position. In its reasoning, the SCA emphasised convenience and stressed that all the matters relevant to the divorce, including maintenance of dependent children, should and could be disposed of at the hearing of the main action. The SCA confirmed that both parents have a duty to maintain their dependent children and that this duty, at times, persists after the child attains majority age. The SCA further commented that children, including adult children, should be removed from the conflict between the divorcing parents as far as possible. The SCA, therefore, held that the requirements of section 6 of the Act provide the basis for admitting a claim by a parent for maintenance for and on behalf of an adult dependent child. It is submitted that the reasoning of the SCA and the precedent created could undermine the ability of a court to make an order of parental support for adult dependent children, and may ultimately result in outcomes that do not effectively provide for the needs of the adult child. This case note evaluates the facts of the matter together with the reasoning of the High Court and the SCA. The previous judgments on parents representing their adult dependent children during divorce proceedings are then evaluated. The specific intent of the case note is to establish whether section 6 of the Act confers locus standi on a parent to apply for maintenance for and on behalf of their adult dependent children during divorce proceedings. The benefits and challenges of conferring locus standi on parents of adult children are also considered. The last relevant issue that is evaluated, and on which the courts did not have to adjudicate, relates to the termination of a parent’s duty to provide financial support for their adult children. This case note ultimately aims to establish what obligations and powers are inherent in the application of section 6 of the Act and what procedures may, therefore, be employed by a Divorce Court when an adult dependent child applies for parental support.

Contracts and Finality of Signature: The Coys of Kensington Case

Customers often sign lengthy offer documents, running in several pages, without reading them or understanding their contents. Later, they discover the contract has exclusion clauses or unfavourable terms. Are the terms binding on the person? The case explores the UK High Court judgement in Coys of Kensington Automobiles Limited v Tiziana Pugliese, which is on the theme of the signing of an offer form. The case explores themes frequently encountered in forms, including the following: The font size is small and terms not conspicuous. The form refers to more terms without enclosing them. The applicant is not fully familiar with the language.

Determination Of Child Care Rights Between Birthday Parents And Adopting Parents

Adoption of children is regulated in the Deed of Registration of Appointment 1952 (Deed 253) for Muslims and non-Muslims and the Deed of Adoption 1952 (Deed 257) for non-Muslims. Among the cases involving the struggle for custody is the one that occurred at the Pahang Sharia High Court, in which the judge handed over a child to his biological parents while the child had been registered under the Deed of Registration of Appointment 1952 (Deed 253). Then, in the case at the Selangor High Court, the judge handed over custody rights to the adoptive parents while the adoption registration was invalid. There are two formulations of the problem in this thesis. Firstly, what are the considerations of the Pahang Sharia High Court judges in determining child custody between biological parents and adoptive parents? Second, what are the considerations of the judges of the Selangor High Court in determining child custody between biological parents and adoptive parents? This research uses the juridical-normative method and case studies. Data collection is also done with literature and documentation. The results of the study show that first, the consideration of the judges of the Pahang Sharia High Court in determining child custody of their biological parents is because the judge looks at their efforts to get their child back and they have full rights to the child. Second, the consideration of the judge of the Selangor High Court in determining child custody of the adoptive parents is important because the judge stated that the main thing is what is best for the child, and the child's biological parents also have several obstacles to looking after the child. Custody is closely related to the interests of the child and the guardians, if there is an imbalance in custody, then the rights and interests of the child need to take precedence over the interests of the guardians.

Application of the Principle of Truth to Judiciary Institutions: Discourse of Judges at the Makassar Religious High Court, Indonesia

The application of the formal truth concept in civil courts, particularly religious courts, ought to have been abandoned. In several civil disputes, judges are guided by the pursuit of formal truth, resulting in unjust verdicts. This study examines the situation of the principle of formal truth in the investigation of civil matters in the Religious Courts and the view of the Makassar Religious High Court Judge regarding its application. This study is a legal-empirical investigation informed by legal philosophy. Techniques for data collecting consisting of in-depth interviews with key informants and research of court decisions and relevant literature. The findings of the study indicate that, first, the principle of formal truth that is applied to religious courts is still legitimate today, just as the HIR/RBg approach of proving civil cases in Indonesian civil courts is still valid. Second, the opinion of the judges of the Makassar Religious High Court regarding the application of the formal truth principle in the environmental courts of the religious courts demonstrates that, in general, the Makassar PTA judges believe that this principle must be applied as a trial process provision. In their opinion, the formal principle of truth serves as a guide for parties and judges when reviewing cases. Several other judges, however, believe that the formal truth principle should be substituted by the material truth.

The Challenges of a Judicial Employment Contracting Approach in Fiji

This study examines the Government of Fiji's new public management (NPM) employment contracting system and its legal challenges. The article raises the question of whether Section 97 of Fiji's 2013 Constitution of the courts and all judicial officers being independent of the legislative and executive branches of government and the law is applied without fear, favor, or bias, is guaranteed under a contracting mode of employment for judicial officials. This paper investigates whether three-year performance contracts ensure the independence of Fiji's judiciary. After extensive analysis, the authors propose that permanent tenure provides greater protections for Fiji's magistrate court judges, high court judges, and judicial officials by allowing them to exercise their independent roles as stipulated in Section 97 of the 2013 Fiji Constitution.

‘Mind-forg’d Manacles’: Virtual Experience and Innocent Publication

In Fairfax Media Publications Pty Ltd v Voller (‘Voller’) the Australian High Court held that media companies maintaining Facebook comment pages could be liable for the defamatory posts of commenters on those sites. The decision focussed entirely on whether, by maintaining the Facebook page, the companies had ‘published’ the statements of commenters. Hearings on other aspects of the tort litigation continue. This paper considers the implications of the tort of defamation on public participation on political will formation where, as is increasingly the case, the participation occurs virtually. Australian law has already tackled the law of defamation as a threat to freedom of political communication; Voller continues the jurisprudence by considering whether hosting an online forum for debate amounts to publication. The more recent High Court judgment in Google LLC v Defteros demonstrated the necessity of the law to align the ‘acts’ necessary to found legal action with the new environment of automated search engines. The troubled intersection of dematerialised practices of political and cultural discourse and jurisdictionally bound laws of defamation challenges participatory governance as tribes form and dissolve and shift between geographical interests.Defamation in Australia is a tort of strict liability; and, absenting applicable defences, any participation in communication is sufficient to make that participant a publisher and a party to the defamation. The online environment stretches words across geographical and jurisdictional boundaries, but it also stretches and contorts concepts of fault and responsibility. Participatory digital cultural practices integrating users in the creation of cultural heritage simultaneously draw participants into transgressions, both cultural and legal, which are amplified by the medium. Questions of collective guilt, ‘shades’ of moral responsibility and disproportionality between blameworthiness and legal liability challenge laws formulated for the printing press but now deployed in the online environment. In this way the digitized participatory environment presents deep challenges to law and legal systems, which are chained to geography. This paper considers the concept of innocent publication in the context of the digitized participatory environment and the way in which the virtual experience is dissolving concepts of geographically defined jurisdictions.

PERBANDINGAN PANDANGAN HUKUM PENGADILAN TINGGI SAMARINDA DAN MAHKAMAH AGUNG DALAM PERKARA CITIZEN LAWSUIT

This article aims to determine the legal view of the Judge of the Samarinda High Court in upholding the decision of the Samarinda District Court Judge in the Citizen Lawsuit case. In addition, to find out the legal views of the Supreme Court Judges in canceling the decision of the Samarinda High Court Judge on the Citizen Lawsuit case. This research article is a normative legal research with a case approach. This legal research is descriptive. The types of legal materials used are primary legal materials and secondary legal materials. The technique of collecting legal materials in this research article is literature study and analyzed using the syllogism method which uses deductive thinking patterns. Based on this research article, it is found that there are 2 differences in the perspectives of the Samarinda High Court Judges and the Supreme Court Judges. The Samarinda High Court Judge in his perspective stated that the lawsuit filed was a Citizen Lawsuit because it had been recognized in Indonesian judicial practice. The notification or subpoena submitted is in accordance with the provisions of the Decree of the Chief Justice of the Republic of Indonesia Number: 36/KMA/SK/II/2013. Meanwhile, the Supreme Court Judge in his perspective stated that the lawsuit could not be accepted or Niet Ontvankelijke Verklaard (NO) and the notification or summons did not meet the requirements because there were parties in the case who were withdrawn as Defendants without being notified.

Rights claims of citizen children of foreign national parents in South Africa, the UK, and the European Court of Human Rights: hierarchies of ‘illegality’ and deservingness

Abstract This article examines the South African High Court judgement in TR & others v Minister of Home Affairs & others, which is the first time that a South African court has addressed the constitutional rights of children in the immigration context. In this case, constitutional rights claims were made by South African citizen children because South African immigration law deemed a foreign national parent to be an ‘illegal alien’, subject to expulsion, as soon their spousal relationship with a South African citizen had broken down. The law allowed no other outcome, other than expulsion, regardless of the impact on the affected children. We argue, therefore, that although the High Court deployed the language of children’s dignity and best interests, TR is not really a decision about children at all. Instead, it is a judgement about whether the parents’ deserved the status of ‘illegality’, and its consequences, which had been imposed by South African immigration law. This focus on the deservingness of the parents, rather than the best interests of the children, can be found in other jurisdictions and this article explores how the law deals with similar circumstances in the UK and the European Court of Human Rights. This article concludes by arguing that Article 3 CRC requires that ‘the sins and traumas of fathers and mothers should not be visited on their children’ and that this should be foundational to the best interests of the child provision in the South African constitution in the immigration context.