Discrimination against fathers?

Abstract

This thesis is concerned with an examination of local and foreign legislation in an attempt to underline any discrimination present with regards to fathers and their rights and duties vis a vis their children. Chapter One puts the reader in perspective as to the various understandings of the term 'father' and also to the different types of fathers recurrent in our society. Chapter Two discusses the legal position of the legal father; i.e. the rights and duties available to the father with respect to his children conceived or born in wedlock. It briefly describes the change from paternal authority to parental authority, thereby equalising the rights and duties of mothers and fathers alike. Chapter Three constitutes the crux of the thesis as it deals with biological fathers and their relationship with their children conceived and born out of wedlock. Moreover, this chapter also tackles the rights of biological fathers, if any, over their children, when the mother is married to another. Ultimately, this chapter concludes its examination by investigating the position of minor fathers. Chapter Four is yet another extremely important chapter as it is concerned with custody suits and whether or not the present legislation and the Courts favour mothers in granting custody or regard both parents on an equal footing with respect to the nurturing of children. Finally, Chapter Five concludes this work by proposing a re-definition of fatherhood both in the sociological and the legal context. Indeed, this chapter ends with proposals for reform in the law, so as to reflect more the importance of fathers in today's society.