Marking Child Protection Week

National Child Protection Week (CPW) is observed in South Africa annually to raise awareness of the rights of children as articulated in the Children’s Act of 2005.

The campaign began in 1997 and aims to mobilise all sectors of society to ensure that children are cared for and protected. While the initiative is led by the Minister of Social Development, it is every citizen’s duty to a role in protecting children and creating a safe and secure environment for them.

What are the rights of the child?

Section 28 in the Constitution of South Africa is devoted to children and outlines the rights that they are entitled to. This does not mean that other rights enshrined in our constitution do not apply to them – Section 28 is specifically for SA citizens under the age of 18. It reads as follows:

1. Every child has the right:

a) to a name and a nationality from birth;
b) to family care or parental care, or to appropriate alternative care when removed from the family environment;
c) to basic nutrition, shelter, basic health care services and social services;
d) to be protected from maltreatment, neglect, abuse or degradation;
e) to be protected from exploitative labour practices;
f) not to be required or permitted to perform work or provide services that –
i) are inappropriate for a person of that child’s age; or
ii) place at risk the child’s well-being, education, physical or mental health or spiritual, moral or social development;
g) not to 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:
i) kept separately from detained persons over the age of 18 years; and
ii) treated in a manner, and kept in conditions, that take account of the child’s age;
h) to 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
i) not to be used directly in armed conflict, and to be protected in times of armed conflict.

2. A child’s best interests are of paramount importance in every matter concerning the child.

3. In this section “child” means a person under the age of 18 years.

The South African Constitution’s Bill of Rights (Section 28) talks about the rights that children have:

• You should be given a name when you are born and you should be looked after and become part of a family.
• You should not have to work whilst you are small as this could make you tired and sick (this includes being made to beg on the side of the road).
• Even if you have done something very bad and the police need to arrest you, you should not be put in jail. If you are put in a jail, it should be for a very short while and it should not be with people that are older than 18.
• You must have shelter (somewhere dry and comfortable to sleep).
• If you are sick, you must be able to see a doctor and get medicine that will make you better.
• You must have food to eat so that you aren’t hungry.

There are other rights that are for everybody (adults and children).

• You are equal to everyone else. This means that you must be treated the same as someone who is white, black, man, woman, short or tall.
• You have the right to live. This means that nobody is allowed to kill you and if they do, they must be punished.
• You have the right to freedom and security. This means that nobody is allowed to put you in jail for no reason or to stop you from moving around. If you do have to go to jail, this right also means that nobody should hit you or hurt you in any way.
• Slavery and forced labour are not allowed. Nobody can make you work when you are young.
• You have the right to privacy, which means if you want to be left alone, you have the right to do this.
• You have the right to think what you want, to say what you want and nobody can deny you this right. But remember that this does not mean that you can say horrible things about other people as that would not be nice.
• Everyone has the right to good and comfortable housing. Nobody can come to your house and throw you out unless the court has said they can do this.
• Everyone has the right to all basic health. This means that if you are ill, you have the right to see a doctor and get medicine. All people should also be able to get food and water to keep them healthy.

Having these rights in the Constitution, means that if they are not respected, it is against the law. Remember that it doesn’t mean you can do what you want when you want.

HAVE YOUR SAY:
Like our Facebook page, follow us on Twitter and Instagram or email us at dundee.courier@caxton.co.za.  Add us on WhatsApp 071 277 1394.