The study of unmarried fathers

Abstract

Abstract provided by author

This dissertation will deal with the concept of unmarried fathers. The common law in Namibia dictates what rights unmarried fathers have to their extra- marital children. According to Namibian common law an unmarried father has no right of guardianship, custody or access to his child. The Namibian Constitution came in force in 1990 and Article 10 of the Namibian Constitution prohibits discrimination and calls for equality for all citizens. The common law positions in Namibia regarding unmarried fathers, is not consistent with the principles of equality stated in the Namibian Constitution and with international laws regarding equality. It is impossible to show empirically that mothers are closer to their extra- marital children than fathers of extra- marital children. In many areas of our common law there is a need for development. The common law will have to change to be in line with the Namibian constitution and international regulations. The Constitution will compel common law positions to be changed. It is for this very reason that legislators have been debating on a Children's Status Bill which is as yet not enforced, but if implemented can change the legal position that unmarried fathers have under the common law.