United Nations Development Programme Government of South Africa (original) (raw)
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2014
Under article 44 of the UN Convention on the Rights of the Child (CRC), State Parties are required to submit an Initial Report within two years of ratification of the Convention and thereafter submit periodic reports every five years. South Africa ratified the CRC on 16th June 1995. Consequently in line with article 44, it submitted its Initial Report to the CRC Committee on 4th December 1997. The Report is available at http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G98/162/94/PDF/G9816294.pdf?OpenElement. The second, third and fourth periodic reports were therefore due in 2000, 2005 and 2010 respectively. Although these long overdue reports are yet to be submitted, the Government has taken steps towards the preparation of these reports (as a combined second, third, and fourth periodic report spanning 1998 to 2014) and it is hoped that they will be submitted to the CRC Committee in 2015.
2021
The right of a child offender to participate effectively in criminal proceedings is a fundamental aspects of a right to a fair trial and is guaranteed in the Constitution of the Republic of South Africa, 1996 as well as in international instruments, including the United Nations Convention on the Rights of the Child. An arguments is made that ensuring that this right is fully realised at domestic level, allowances should be made for child offenders to be included in the provisions of section170A of the Criminal Procedure Act 51 of 1977. Section 170A makes allowances for the use of an intermediary by witnesses and victims when presenting testimony in criminal proceedings. It is argued that the best interest of the child principles as well as other rights such as the right to dignity and equality enshrined in the Constitution and guaranteed in international instruments warrants the inclusion of child offenders in the enabling legislation. An interpretation and implementation of Section...
Child Justice in South Africa: Application of International Instruments in the Constitutional Court
The International Journal of Children's Rights, 2018
International law provides rights, rules and principles that guide the manner in which children in conflict with the law should be treated. When children’s rights are violated, this international law framework can be used by lawyers and courts to identify the nature of the violation and determine the remedies that must be taken to redress the harm and alter law or practice to ensure such breaches are avoided in the future. This article describes the international framework and its effective application in the South African courts, through a discussion of four Constitutional Court cases dealing with children in conflict with the law. The article discusses the arguments that were advanced in the cases and illustrates the litigation strategies that were employed. The case discussions explore the extent to which the international law was applied, directly or indirectly, by the courts, and assess the jurisprudential and practical impact of the international instruments.
By charting the contribution of social development service delivery to enhance child justice in South Africa from 1996 to 2006, this article argues that the contribution of the social development sector to child justice has been substantial. It describes a range of developments in relation to assessment, diversion, pre-trial incarceration, the residential care system and probation. It is concluded that although the Child Justice Bill has not been finalised in the South African Parliament, social welfare services to children in trouble with the law have expanded to the extent that there has been a developmentally appropriate and more progressive child justice system.
Continuing Medical Education, 2007
The rights of children have become paramount as a result of many international initiatives to highlight the plight of children across the world. The key authoritative international instrument governing children's rights is the United Nations Convention on the Rights of a Child. This was ratified by South Africa in 1995, and recognises the rights of all children to protection and care, social services, and special protection and assistance to children in difficult circumstances. 1 In addition, South Africa has ratified the African Charter on the Rights and Welfare of the Child, and has instituted one of the most progressive constitutions in the world. Children's rights feature strongly in the Constitution's Bill of Rights and form the cornerstone of South Africa's legal obligations towards children. The Children's Bill, which has been in the making for the past 10 years, is a significant piece of legislation aimed at giving effect to some of the constitutional rights of children. The first part of the Bill, known as the Section 75 Bill, was passed in June 2005 and is now known as the Children's Act (No. 38 of 2005). The Act is not in force yet as the second part of the Bill, currently known as the Children's Amendment Bill, ii has yet to be passed as law. Prior to elaborating further on the Children's Bill, it is necessary to present a brief overview of the situation of children in contemporary South Africa. The context for children living in South Africa Children in South Africa continue to be afflicted by the consequences of apartheid. Twelve years into a democratic South Africa, gross inequalities and poverty persist, fuelled by high unemployment rates and poor access to resources for the marginalised. A rapid assessment of the situation of children in South Africa, conducted in 2003, revealed that major role players in the child rights arena identified poverty, child abuse and violence, HIV/AIDS, and a lack of access to services as the most significant challenges facing children. The fragmentation of the family unit and the loss of parents were also highlighted as challenges. 2 Available statistics on children paint a bleak picture of the conditions in which children live, learn, and socialise. Based on a review of current data on children, the situation for children is improving in some arenas; however on the whole, progress is gradual. Of the 18 million children living in South African households, 19% have been orphaned, iii and 0.7% live in child-headed households. iv,3 More than half (54%) of the country's children live in rural areas. 4 Key indicators of the status of children reveal the following:
A Critical Reflection on the South African Law of the Child
Obiter, 2014
Children are considered to be vulnerable, and therefore need to be protected against parents, strangers and even themselves. As a consequence, the State’s quest for the protection of children in South Africa is expressed in the implementation of legislation designed to offer greater care and protection. For instance, section 28 of the Constitution of the Republic of South Africa, 1996, offers a wide range of rights which are designed to offer greater protection to children. The rights of children can, in effect, be categorized into two themes. The first relates to the protection of children – as the child is dependent on those around him or her due to a lack of capacity, and is therefore vulnerable. The second theme relates to the autonomy of children. Section 28(2) of the Constitution provides that in any matter concerning a child, the best interests of the child are of paramount importance. However, most South African legislative provisions that deal with minor children seem to mi...