LME3701
Assignment 2 Semester 1 2025
Unique Number: 678669
Due Date: 13 April 2025
Solutions, Explanations, workings, and references
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, 2 versions Included;
Version 1 : Comparative research approach
Version 2 : Historical research approach
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+27 81 278 3372 +27 81 278 3372
+27 81 278 3372 +27 81 278 3372
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,Version 1 : Comparative research approach
A Comparative Analysis of the Legal Frameworks for Combating
Child Marriage in South Africa and Nigeria
By
LME3701 STUDENT
+27 67(Student
171 1739 number: 12345678) +27 67 171 1739
Submitted in partial fulfilment of the requirements for the degree
LLB
In the
SCHOOL OF LAW
UNIVERSITY +27 67 171 1739
+27 67 171 1739 OF SOUTH AFRICA
SUPERVISOR:
(ASSIGNMENT NUMBER 02)
2025
+27 67 171 1739
+27 67 171 1739
© Varsity Cube 2022 +27 81 278 3372
Downloaded by: tatummurray | Want to earn
Distribution of this document is illegal R13,625 per year?
, INTRODUCTION
This research aims to provide a comparative analysis of the legal frameworks in
South Africa and Nigeria, with a particular emphasis on the protection of children's
rights. The Children's Act of 2005 in South Africa and the Child's Rights Act of 2003
in Nigeria provide legislative frameworks for the protection of children's rights,
including the prevention of child marriage (Children's Act, 2005; Child's Rights Act,
2003).1 However, the implementation of these laws is often impeded by cultural
practices and traditions, leading to the persistence of child marriage (Nussbaum,
2016).2
+27 67 171 1739 +27 67 171 1739
This research investigates the legal frameworks for combating child marriage in
South Africa and Nigeria, with a focus on the constitutional rights that play a crucial
role in the debate surrounding cultural practices and children's rights. The study falls
within the field of comparative law and explores the legal frameworks in two
countries to identify areas for legal reform and effective intervention strategies. This
research intends to examine the legislative framework, case law, law reform
commission reports, and scholarly writings to provide a comprehensive
understanding of the issue.
According to UNICEF, child marriage is a global problem affecting 12 million girls +27 67 171 1739
+27 67 171 1739
every year, with Africa having the highest rates of child marriage (UNICEF, 2018).3
The prevalence of child marriage is a serious violation of human rights and continues
to persist despite legislative efforts. The cultural practices that contribute to child
marriage, such as Ukuthwala in South Africa, often conflict with the rights of the
child, including their right to education, health, and protection from harm (Tshivhase
2018).4
1
Children's Act, 2005; Child's Rights Act, 2003
2
Nussbaum, M. (2016). Child marriage and the law. In A. Sharma (Ed.), The international law of human
trafficking (pp. 217-241). +27 67 171 1739
3
United Nations Children's Fund, Child Marriage: Latest trends and future prospects (2018), hereafter SALRC +27 67 171 1739
UNICEF.
4
Tshivhase, T. E. (2018). Ukuthwala and Child Marriage in South Africa: Examining the Divide Between Custom
and Human Rights. Journal of African Law, 62(1), 28-49.
© Varsity Cube 2022 +27 81 278 3372
Downloaded by: tatummurray | Want to earn
Distribution of this document is illegal R13,625 per year?
Assignment 2 Semester 1 2025
Unique Number: 678669
Due Date: 13 April 2025
Solutions, Explanations, workings, and references
Downloaded by: tatummurray | Want to earn
Distribution of this document is illegal R13,625 per year?
, 2 versions Included;
Version 1 : Comparative research approach
Version 2 : Historical research approach
+27 81 278 3372 +27 81 278 3372
+27 81 278 3372 +27 81 278 3372
+27 81 278 3372 +27 81 278 3372
Varsity Cube 2025 +27 81 278 3372
Downloaded by: tatummurray | Want to earn
Distribution of this document is illegal R13,625 per year?
,Version 1 : Comparative research approach
A Comparative Analysis of the Legal Frameworks for Combating
Child Marriage in South Africa and Nigeria
By
LME3701 STUDENT
+27 67(Student
171 1739 number: 12345678) +27 67 171 1739
Submitted in partial fulfilment of the requirements for the degree
LLB
In the
SCHOOL OF LAW
UNIVERSITY +27 67 171 1739
+27 67 171 1739 OF SOUTH AFRICA
SUPERVISOR:
(ASSIGNMENT NUMBER 02)
2025
+27 67 171 1739
+27 67 171 1739
© Varsity Cube 2022 +27 81 278 3372
Downloaded by: tatummurray | Want to earn
Distribution of this document is illegal R13,625 per year?
, INTRODUCTION
This research aims to provide a comparative analysis of the legal frameworks in
South Africa and Nigeria, with a particular emphasis on the protection of children's
rights. The Children's Act of 2005 in South Africa and the Child's Rights Act of 2003
in Nigeria provide legislative frameworks for the protection of children's rights,
including the prevention of child marriage (Children's Act, 2005; Child's Rights Act,
2003).1 However, the implementation of these laws is often impeded by cultural
practices and traditions, leading to the persistence of child marriage (Nussbaum,
2016).2
+27 67 171 1739 +27 67 171 1739
This research investigates the legal frameworks for combating child marriage in
South Africa and Nigeria, with a focus on the constitutional rights that play a crucial
role in the debate surrounding cultural practices and children's rights. The study falls
within the field of comparative law and explores the legal frameworks in two
countries to identify areas for legal reform and effective intervention strategies. This
research intends to examine the legislative framework, case law, law reform
commission reports, and scholarly writings to provide a comprehensive
understanding of the issue.
According to UNICEF, child marriage is a global problem affecting 12 million girls +27 67 171 1739
+27 67 171 1739
every year, with Africa having the highest rates of child marriage (UNICEF, 2018).3
The prevalence of child marriage is a serious violation of human rights and continues
to persist despite legislative efforts. The cultural practices that contribute to child
marriage, such as Ukuthwala in South Africa, often conflict with the rights of the
child, including their right to education, health, and protection from harm (Tshivhase
2018).4
1
Children's Act, 2005; Child's Rights Act, 2003
2
Nussbaum, M. (2016). Child marriage and the law. In A. Sharma (Ed.), The international law of human
trafficking (pp. 217-241). +27 67 171 1739
3
United Nations Children's Fund, Child Marriage: Latest trends and future prospects (2018), hereafter SALRC +27 67 171 1739
UNICEF.
4
Tshivhase, T. E. (2018). Ukuthwala and Child Marriage in South Africa: Examining the Divide Between Custom
and Human Rights. Journal of African Law, 62(1), 28-49.
© Varsity Cube 2022 +27 81 278 3372
Downloaded by: tatummurray | Want to earn
Distribution of this document is illegal R13,625 per year?
