The Constitution of South Africa protects the Rights of Children
Children need special protection because they are among the most vulnerable members of society. They are dependent on others - their parents and families, or the state when these fail - for care and protection.
As a result, the drafters of our Constitution have made children's rights a priority - and have stated that the best interests of a child are the overriding concern when it comes to any matter affecting him or her.
Section 28 - Children
Section 28 of the Bill of Rights, entitled "Children", says:
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
· place at 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; and is treated in a manner, and kept in conditions, that take account of the child's age;
· 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;
· and not be used directly in armed conflict, and to be protected in times of armed conflict.
A child's best interests are of paramount importance in every matter concerning the child.
In this section 'child' means a person under the age of 18 years.
This section gives children the right to a name, citizenship and some form of care. Children need food and shelter, and should be protected from abuse, neglect and degradation. No child should work when under-age, or do work that would interfere with his or her education or development.
Children should be jailed only as a last resort and should not have to share a cell with adults. They should not take part in wars and should be protected during conflict.
The second sub-section, a very important clause, says a child's interests are the most important consideration in any matter concerning the child.
What rights do I have?