Teddy bear case

Rather, we make this determination when deciding whether the particular limitation is reasonable and justifiable in our constitutional democracy. JASA broadly supports the stance adopted by the applicants in relation to sections 16, 50 1 a i50 2 a i and 54 1 a of the Sexual Offences Act.

The Court ultimately declared the legislative provisions under challenge invalid on the basis of their inconsistency with section Furthermore, if the year old is prosecuted, the year old must be prosecuted too, and neither may claim the close-in-age defence.

South African children reach physiological sexual maturity during adolescence between the ages of 12 and 16 years.

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It comprises the deeply personal understanding we have of ourselves, our worth as individuals and our worth in our material and social context. Of course, as we have emphasised time and again, the rights in the Bill of Rights are not discrete silos, each protecting a set of interests that is neatly categorised and absolutely divided along sharp, bright lines.

The majority judgment also found that the circumstances of that case were distinguishable from National Coalition: It cannot be doubted that the criminalisation of consensual sexual conduct is a form of stigmatisation which is degrading and invasive.

The respondents contend that because the NDPP or the relevant Director of Public Prosecutions, as the case may be, has a discretion whether or not to prosecute a particular case, charges will only be preferred against adolescents in some instances.

Lastly, the harm created by the impugned provisions is amplified by the irrationality of the mandatory prosecution of both adolescents.

This is the primary focus of their submissions. As Flisher and Gevers explain: Accordingly, the findings regarding the unjustifiable limitation of rights in paragraphs [52] to [] below are limited to the constitutional rights of adolescents.

Rather, there are levels of interconnectedness that must be acknowledged in any constitutional analysis. During adolescence children ordinarily engage in some form of sexual activity, ranging from kissing to masturbation to intercourse. This case is primarily concerned with Part 1 of Chapter 3 of the Sexual Offences Act, which criminalises the performance of certain consensual sexual acts by adults and children with children who are between and years old adolescents.

Otherwise the prostitutes are entitled to engage in sex, to use their bodies in any manner whatsoever and to engage in any trade as long as this does not involve the sale of sex and breaking a law validly made. The defence of section 15 of the Act is based on the best-interests principle.

However, this goal will not be achieved by the inclusion in the Register of the details of adolescents who have engaged in consensual sexual penetration or sexual violation.

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The person may not be employed to work with a child; may not hold any position which places him or her in authority, supervision or care of a child; and may not become a foster parent or an adoptive parent.

This approach is consistent with the jurisprudence of this Court. The first is as a guiding principle in each case that deals with a particular child. In these proceedings the applicants have not challenged the legislative decision to differentiate between different groups of children adolescents on the one hand, and and year olds on the other.

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Their experiences during this transformative period have long-lasting effects that shape their adult lives.

In countering those arguments, the applicants relied on National Coalition, 31 in which this Court declared that the criminalisation of sodomy was an unjustifiable limitation of, amongst others, the rights to dignity and privacy. Issues for determination The primary question for determination is whether the impugned sections are inconsistent with the Constitution insofar as they impose criminal liability on children for engaging in consensual sexual conduct.

Indeed, it strikes me as fundamentally irrational to state that adolescents do not have the capacity to make choices about their sexual activity, yet in the same breath to contend that they have the capacity to be held criminally liable for such choices. South African children reach physiological sexual maturity during adolescence between the ages of 12 and 16 years.

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In Centre for Child Law v Minister of Justice and Constitutional Development and Others 47 the applicants did not allege that the rights of any specific child were threatened, but contended that all and year old children were threatened by the minimum-sentencing legislation.

The scheme of the Sexual Offences Act The Act, in force with effect from 16 Decemberrepresents a comprehensive legislative reform of both statutory and common-law criminal liability in relation to the commission of sexual offences. The respondents submit that the statutory prohibitions are designed to protect and promote the quality of life of adolescents, a quality of life that in itself is consistent with the constitutional conception of human dignity.

This intrusion is exacerbated by the reporting provisions: The first respondent is the Minister of Justice and Constitutional Development Ministercited in his capacity as the Minister responsible for the administration of the Sexual Offences Act.

In countering those arguments, the applicants relied on National Coalition, 31 in which this Court declared that the criminalisation of sodomy was an unjustifiable limitation of, amongst others, the rights to dignity and privacy.

Lastly, the harm created by the impugned provisions is amplified by the irrationality of the mandatory prosecution of both adolescents.

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The Vermont Teddy Bear Company (VTBC) was founded in by John Sorinto. Unfortunately, for John, the company became too big for him to oversee since he was an entrepreneur. However, he gracefully stepped down in and supported the hiring of a new CEO that would lead the company into its future success (Vincelette, p.

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). The first applicant is The Teddy Bear Clinic for Abused Children, a not-for-profit company that provides a wide range of medical and related services to abused children and coordinates programmes to divert young sex offenders from the criminal justice system.

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Sudanese teddy bear blasphemy case

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