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THE South African Human Rights Commission (SAHRC) said that children are among society’s
most vulnerable members, therefore they require special protection.
More than 20 million of children live in the country. Children are defined as anybody under the age of 18 under the
South African Constitution.
It is the duty of parents, families, communities, and government, according to the Western Cape Department of Education, to ensure that all children are protected from harm and grow up in loving surroundings.
Children have special legal rights that are enforced by the state to guarantee this.
According to the Constitution of South Africa, Section 28 in the Bill of Rights children have the
following rights:
Every child has the right to:
A name and a nationality from birth.
Family care or parental care, or to appropriate alternative care when removed from the
family environment.
Basic nutrition, shelter, basic health care services and social services.
Be protected from maltreatment, neglect, abuse or degradation.
Be protected from exploitative labour practices.
Not be required or permitted to perform work or provide services that are inappropriate
for a person of that child’s age or risk the child’s well-being, education, physical or
mental health or spiritual, moral or social development.
Not be detained except as a measure of last resort, in which case, in addition to the
rights a child enjoys under sections 12 and 35, the child may be detained only for the
shortest appropriate period of time, and has the right to be kept separately from detained
persons over the age of 18 years.
Be treated in a manner, and kept in conditions, that take account of the child’s age and
have a legal practitioner assigned to the child by the state, and at state expense, in civil
proceedings affecting the child, if substantial injustice would otherwise result.
Not be used directly in armed conflict, and to be protected in times of armed conflict.
Legislation that provides specific protection for children includes:
• The Child Care Act of 1983 that makes it a criminal offense if a person who’s responsible for caring for a child doesn’t provide the child with clothes, housing and medical care.
• The Basic Conditions of Employment Act of 1997 that makes it illegal to employ a child under the age of 15.
• The Domestic Violence Act of 1998, defines different forms of domestic violence and explains how a child can get a protection order against the abuser.
• The Films and Publications Act of 1996, protects children from exploitation in child pornography.
The interests of the children are seen as most important in deciding on custody or access to children.
One example of new legislation passed in response to a Constitutional Court ruling is the Fraser judgment – the Natural Fathers of Children Born out of Wedlock Act of 1997.
It gives natural unmarried fathers, including those whose marriages aren’t recognised by the state, for example, Muslim and Hindu marriages the statutory right to go to court to ask for access, custody or guardianship of their children.
The Children’s Bill, which went before Parliament in 2003, is meant to replace the Child Care Act of 1983 and provides a holistic approach to the rights of all children.
Help protect our children and report abuse|
Department of Social Development: 0800 220 250 Childline helpline: 0800 055 555
