As South Africa celebrates Human Rights Day, and the 30th anniversary of the constitution, issues have been raised about whether the children of this country are honestly experiencing the rights promised to them.

Managing director of Sesame Workshop International South Africa Dr Onyinye Nwaneri said even though the constitution acknowledges that children deserve special protection, many children continue to face significant hardships. She mentioned section 28 of the constitution, and how it relates to children. “Section 28 states that every child has the right to basic nutrition, shelter, basic healthcare services and social services, and that a child’s best interests are of paramount importance in every matter concerning them.”

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However, research shows many children are already falling behind before they begin formal schooling. According to the Thrive by Five Index 2024, only 42% of four-year-olds in South Africa are developmentally on track, while the rest are already falling behind before starting school. The report also states that around 30% of four-year-olds are not enrolled in any early learning programme. “The early years of life are when language, cognitive ability, emotional regulation, and social development take shape. If those foundations are weak, the consequences can last a lifetime.”

It is also important to remember that section 28 of the constitution does not discriminate children based on nationality or documentation status.

The department of social development reckons that South Africa is home to more than 600 000 migrant children, while the department of basic education has reported that less than 2% of learners in South African schools are foreign nationals.

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Despite the continuing challenges, Nwaneri stated that there has been some progress made over the past three decades. More than 13 million learners attend public schools and the child support grant now reaches over 13 million children.

She said independent institutions, such as the South African Human Rights Commission and Legal Aid South Africa, also help families address violations of constitutional rights. “Thirty years on, the constitution remains one of South Africa’s most powerful tools for building a society grounded in dignity and equality.”

However, she added that the challenge now is ensuring that every child in South Africa fully experiences the rights promised by the constitution.

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