Chapter 1: Introduction Flashcards
What is the theme that discusses families based on shared commitment?
Theme 1: Families based on shared commitment
What does Theme 2 focus on in relation to families?
Theme 2: Families and the Constitution
Define family law.
Family law is a branch of law that regulates:
* The relationships between children and their parents (or other caregivers)
* Marriages
* Other intimate relationships between adults
What are the various forms of family?
- Single mothers and single fathers
- Extended families
- Polygynous families
- Unmarried families
- Same-sex families
- Child-headed households
- Diverse families
What is the right to human dignity defined as?
Recognizing a right to dignity as an acknowledgment of the intrinsic worth of human beings.
What does equality mean in the context of family law?
Equality means equal concern and respect across difference, acknowledging and accepting difference.
True or False: The South African Constitution expressly provides a right to family life.
False
What does Section 10 of the South African Constitution state?
Everyone has inherent dignity and the right to have their dignity respected and protected.
What is the importance of the cases Dawood v Minister of Home Affairs, Shalabi v Minister of Home Affairs, and Thomas v Minister of Home Affairs?
These cases concern the circumstances under which foreign spouses of South African residents are permitted to reside temporarily in South Africa.
What does family law aim to protect?
Family law aims to protect:
* The more economically vulnerable members of the family
* Family members from all forms of abuse
Fill in the blank: The state has an interest in regulating people’s most private and intimate _______.
[relationships]
What is one of the objectives of family law?
To promote fairness within the family.
True or False: Family law is value-neutral.
False
What does the protective function of family law emphasize?
The protective function emphasizes the state’s interest in protecting vulnerable family members.
What is a significant aspect of marriage highlighted in the context of family law?
Cohabitation and the right and duty to live together.
What must family law ensure regarding resource distribution?
Family law tries to ensure an equitable distribution of resources between family members.
List two examples of international human rights documents that recognize the right to family life.
- The International Covenant on Civil and Political Rights
- The African Charter on Human and People’s Rights
What does the equality clause in Section 9 require?
Family law may not unfairly discriminate against people on any of the grounds listed in Section 9.
What role does law play in recognizing different family forms?
Law sends a powerful message that a family form is legitimate, valuable, and worthy of acknowledgment and protection.
What has historically been the stance of South African family law?
It played a role in creating and reinforcing inequalities based on race, gender, and sexual orientation.
What central aspect does modern South African family law promote?
Modern SA family law promotes fair decision-making practices.
What is the significance of legal certainty and predictability in family law?
It helps individuals understand the economic consequences of their matrimonial property system.
