Abstract
This dissertation explores the concept of parental licensing as a proactive intervention to safeguard children’s well-being by ensuring that all parents possess a baseline level of competency. The need for such an approach is reinforced by concerning statistics on child abuse, neglect and maltreatment, revealing significant instances of unfavourable conditions among children that may warrant state intervention. Addressing these issues, this research argues that a parental licensing framework could serve as a preventive measure, screening and preparing prospective parents for the responsibilities of raising a child. Such a system aims to reduce the risk of harm and improve developmental outcomes for children by establishing a legal and ethical foundation for competency in parenting.
To contextualise this argument, the dissertation investigates various theoretical and philosophical alternative positions on state intervention in parenting, analysing approaches to parental licensing from ethical and legal perspectives. Through an in-depth analysis, the research assesses the strengths and limitations of each perspective. It identifies which model is best suited to South Africa’s unique socio-political and cultural landscape.
The study also examines the legal viability of a parental licensing system in the South African context by reviewing applicable legislation, case law, and international legal standards concerning family rights, children’s rights, and state responsibilities. South Africa’s constitutional commitment to protecting both children and families presents a complex legal challenge, as any intervention must align with constitutional protections for parental autonomy while addressing the state’s duty to protect vulnerable children. Analysing these legal frameworks, this dissertation considers whether parental licensing can be instituted in a way that is legally sound, constitutionally justifiable and consistent with both national and international human rights principles.
This dissertation examines the potential benefits, drawbacks and ethical concerns surrounding parental licensing. While such a system may lead to positive outcomes, including reduced rates of child abuse and neglect, it also raises moral questions about the scope of state intervention in parenting, privacy, equality and the potential for government overreach. Through careful analysis of these considerations, the dissertation provides a balanced assessment of the feasibility of parental licensing in South Africa, concluding with recommendations for policymakers and stakeholders seeking to advance children’s welfare while respecting parental rights.