South Africa reports to the African Committee of Experts on the Rights and Welfare of the Child (ACERWC) : focus on the Child Justice System (original) (raw)

An ice-breaker: state party reports and the 11th Session of the African Committee of Experts on the Rights and Welfare of the Child: recent developments

During its 11th session, the African Committee of Experts on the Rights and Welfare of the Child held its first Pre-Session for the consideration of state party reports. This update highlights the work of the Committee during this session. While little attention is paid to the proceedings of the 11th session, partly as a result of the fact that the session was short-lived (only three days, composed of open and closed sessions), the procedures for the Pre-Session, as well as the substance of the four reports that were discussed during the Pre-Session, occupy centre stage. In conclusion, it is argued that the whole exercise of the Pre-Session was an ice-breaker, and represents progress in its own right. In looking forward, the importance for the African Children's Committee to draw the necessary lessons from the four state party reports and to chart ways of strengthening the reporting regime is underscored. A number of tentative recommendations are made in this regard.

Out of the starting blocks : the 12th and 13th sessions of the African Committee of Experts on the Rights and Welfare of the Child

The 12th and 13th meetings of the African Children's Committee were held in November 2008 and April 2009 respectively. With the African Children's Charter entering its 10th year since entry into force, the real work of the African Committee is now beginning. With the consideration of the first country reports to the African Committee, the benefits of a regionally-specific child rights treaty has begun to become apparent. The recent establishment of a formal grouping of civil society organisations and individuals dedicated to furthering the regional influence of the African Children's Charter (first mooted in 2004!) comes at an opportune time. Despite some of the recurring shortcomings in the work of the Committee, it is hoped that the development of a strategic plan for the Committee's work for the period 2010 to 2014 will lay some of these concerns to rest.

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.

Effectiveness of the Convention on the Rights of the Child in realization of the right to a remedy for Child victims of violence in Africa

Child Abuse & Neglect, 2019

Background: In spite of the progress achieved over the years since the adoption of the CRC, violence against children (VAC) is still widespread in the African continent. Although some progress has been made in addressing violence through the implementation of the CRC and its use in the courts, there are still gaps particularly in ensuring access to remedies for child victims of violence. Participants and setting: The strongest factors that impede measures to eliminate VAC in Africa are its broad societal acceptance and weak remedial tools to deal with the issue, including access to justice and assistance to child victims. The article analyses the CRC's implementation and influence on national courts' jurisprudence on VAC in South Africa, Nigeria and Kenya. Objective: The objective of the article' is to provide evidence of the positive impact of the CRC on the right to a remedy for child victims of violence in selected African states, while highlighting existing gaps. Methods: Evidence is provided through the CRC reporting process, and the impact of the CRC on national courts in Kenya, Nigeria and South Africa. Results: Facts and cases of redress for child victims of violence in the three states, as well as roles and paths that the stakeholders undertake, reflect the strength, value, role and influence of the CRC on the recent progress in these states. The law and legal advocacy in the selected African states have proved to be a powerful tool for children. Conclusions: There is a need for more evidence and more research on the topic in each African state, so that real impact of the CRC on national remedial activities, as well as its relatedness to the level and types of violence against children is properly evaluated.

An Analysis of South Africa's Constitutional and UNCRC-imposed Obligations to achieve Children's Socio-economic Rights: A Critique

Athens journal of law, 2024

Children require specific protection due to their heightened vulnerability to human rights violations, which can be attributed to several factors such as economic adversity, racial tensions, and armed conflicts. The current situation in South Africa is characterised by a pressing and significant prevalence of severe poverty. The enduring effects of apartheid have contributed to a broad range of socioeconomic challenges inside our deeply divided country. Children are particularly impacted by these issues and experience immediate suffering as a result. In the Republic of South Africa, a significant proportion of the youth population experiences the distressing circumstance of living in poverty. It has been reported that a significant proportion, ranging from 60 to 75 percent, of the youth population in South Africa is experiencing impoverished living conditions. The prevalence of HIV infection and the consequential mortality rates due to AIDS among caretakers have a detrimental effect on the well-being of children. The United Nations Convention on the Rights of the Child (UNCRC) encompasses social, economic, and cultural rights under its provisions. Following the ratification of the UNCRC in June 1995, South Africa is legally obligated to implement the articles pertaining to the rights of children. The formulation and structuring of socioeconomic rights and corresponding duties towards children under the South African Constitution were significantly influenced by the UNCRC. The interests of children in South Africa are effectively safeguarded through the provisions enshrined in the Constitution and the duties outlined in the UNCRC. This study assesses the extent to which South Africa has adhered to its constitutional and UNCRC-mandated responsibilities and commitments in order to achieve the socioeconomic rights of children.

Like running on a treadmill? The 14th and 15th sessions of the African Committee of Experts on the Rights and Welfare of the Child

The 14th and 15th sessions of the African Committee of Experts on the Rights and Welfare of the Child were held in November 2009 and March 2010 respectively. The Committee has considered more reports and issued its first concluding observations. The continued engagement of the Civil Society Organisations Forum with the African Children's Committee offers an example of positive progress towards supporting the implementation of the African Children's Charter. The development of a relatively well thought-out strategic plan for the African Children's Committee's work for the period 2010 to 2014 (with a better level of participation from stakeholders) also offers an advance in the work of the Committee. Despite these, there remains some room for improvement in order to allow the African Committee to achieve its mandate of the promotion and protection of children's rights in Africa.

Assessing The African Charter on the Rights and Welfare of The Child (ACRWC) As a Blueprint Towards the Attainment of Children's Rights in Africa

The paper seeks to analyse the provisions of the African Charter on the Rights and Welfare of the Child (ACRWC). The paper seeks to make this analysis based on the harmonisation and monism theories of the relationship between international law and municipal law which states that international pieces of law are essentially created to be domesticated within the municipal law of a state and vice versa. To this end, the ACRWC essentially acts as a blueprint for the facilitation of domestic measures and municipal law aimed at upholding children's rights in Africa. The ACRWC should then be an immaculate blueprint that can be followed by states so as to churn out domestic measures that are in the best interests of the child. The paper however seeks to assess whether there are vague, uncouth and contradictory articles within the provisions of the charter that might be interpreted by the states to the detriment of the rights of the African child.