THE CONSTITUTIONAL RIGHTS OF CHILDREN Section 28 of the Bill of Rights Every Child has the right • To a name and nationality from birth • To family care or parental care, or to alternative care
when removed from the family • To basic nutrition, shelter, basic health care services
Useful contact numbers If something unpleasant has happened to you and you need some help try to talk to your parent or parents first. Also try talking to your teacher or a close adult family member. If none of these people can help, try to contact the following: The Department of Justice & Constitutional Development: (021) 462 5471
are for everyone including children
The Public Protector: (021) 423 8644
and social services • To protection from maltreatment, neglect, abuse and
Childline: 080 005 5555
degradation • To be protected from exploitative labour practices • Not to do work that is harmful to a child's well-being,
education and health • Not to be detained, unless necessary for the shortest
Human Rights Commission: 021 426 2277 South African Police Emergency Number: 10111 Lifeline: (021) 461 1111
period of time. Not be detained with adults (persons over 18-years) and too receive legal assistance.
Legal Aid Board: (021) 426 4126
• Not to be used in armed conflict and to be protected
from armed conflict
The best interest of the child must come first in all matters concerning the child. A child is a person under the age of 18-years.
Commission for Gender Equality Western Cape Province: (021) 426 4080 Child Protection Unit: 021 467 6322 Molo Songololo: 021 488 5421
Sponsered by: Registration No: 95/07290/05 NPO No 083 447 P.O. Box 43326, Woodstock 7915— Tel: 021 448 5421 visit our website on http://www.molosongololo.com
Protects children
The Children’s Act . . . The Children’s Act is a law that makes sure that the rights of children are respected. It tells us how children must be treated when they are in need of care and protection. It also tells us the services that must be provided for children when they are in need of care and protection. The Children’s Act brings into force the Constitutional rights of children and International law concerning children. It applies to all children; local South African children and foreign children who find themselves inside the country. The Children’s Act also makes provision for services and structures to promote and monitor the wellbeing and development of children. It recognizes the special needs of children with disabilities, serious illnesses, without parents and those who have been abandoned. The Children’s Act states that all children must be treated with dignity, equally and fairly; and that children must be protected from discrimination. The Act states that all decisions about children must respect, promote and fulfill the rights of children. The Children’s Act helps to strengthen and develop community and government structures and services which can assist in providing care and protection for children. It helps parents when their children are in need of care and protection. The Children’s Act also makes provision for a register to monitor children who have been neglected and abused. This can help to make sure that children get help and to improve services for children. The Children’s Act also makes provision for a register for offenders to monitor offenders, help with their rehabilitation and to protect children from offenders. It can also be used to screen people who work with, or who apply for jobs, that allow contact with children.
Protects Children’s Rights. . . The Children’s Act states that the best interest of children must come first in all matters affecting children. This means that when parents, community and government leaders make decisions they must consider how it will affect children. The Act also states that; • Every child has a right to participate, to express their views and opinions, be heard, taken seriously, and must be considered in decision making. •
Every child with disability or serious illness must be considered and given proper care and respect for their dignity
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Every child has the right to be protected from harm; including harmful social, cultural and religious practices
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Every child has a right to have access to information promoting their health, care and protection – that is appropriate for the child’s age
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Every child has a right to take legal action and be assisted in court
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Every child has a right not to be discriminated against.
and set Responsibilities Responsibilities of children The Children’s Act not only enforces children’s rights, it also states that children have responsibilities appropriate to their age and ability towards their family, community and country. For every basic rights children have, they also have a responsibility; i.e. • The right to love and protection – the responsibility to show love, be caring and not to harm others • The right to a safe and comfortable home – the responsibility to keep it neat and clean • The right to healthy food – the responsibility not to waste and eat only junk food • The right to education – responsibility to study, be on time for school and respect teachers.
Responsibilities of parents The Children’s Act promotes the rights of parents to care, guide, educate and nurture their children; and have contact with and support and maintain their children; and make decisions in their children’s best interest. The Act also states that parents have responsibilities to enjoy these rights. Parents must make sure that children are properly taken care of; that they are fed, nurtured, educated and protected. The Act also deals with the rights and responsibilities of married and unmarried mothers; and mothers who are themselves still children. It also deals with the rights and responsibilities of married fathers and unmarried fathers.
Duties for service providers The Children’s Act also sets out the duties of people who work with children when they are in need of care and protection such as social workers and the police. The Act also makes provision for special court to address issues concerning children.
KNOW YOUR RIGHTS! PROTECT YOUR RIGHTS!