Child Rights in South Africa

Child Rights in South Africa

Posted on the sidelines of the work of the pre-session working group 88 of the Committee on the Rights of the Child

Introduction:

This report deals with the situation of child rights in South Africa during the past four years, by highlighting the legal and legislative framework there first, and then focusing on a number of challenges facing children and hindering them from enjoying their basic rights such as the right to education and good health care, which ultimately enables Presenting a set of recommendations and proposals Maat Foundation for Peace, Development and Human Rights hopes to contribute to improving the human rights situation of all children in South Africa, on the sidelines of the work of the pre-session working group of the 88th session of the United Nations Committee on the Rights of the Child.

Firstly. Legal / legislative framework:

South Africa signed the Convention on the Rights of the Child in 1993 and ratified in 1995, and was keen to join the optional protocols to the convention, so it signed the 2002 Protocol for the Protection of Children in Armed Conflict and ratified the year 2009. As for the Protocol Concerning the Protection of Children from Sale and Exploitation in Prostitution and Pornography, it It was ratified by the South African government in 2003. This order, if anything, indicates the support of South Africa for all international efforts aimed at ensuring the protection of children's rights. The question here is, does South Africa actually abide by its commitments in these agreements? Which will be answered through the cases that will be highlighted in this report.

As for the national legislative texts concerned with the promotion and protection of the rights of the child, the section on children's rights in the Constitution of South Africa promulgated on December 4, 1996 and which entered into force on February 4, 1997 includes a set of rights that every child - those under 18 years of age - has the right to Enjoying them, including the right of every child to have a name and a nationality at birth, as well as the right to receive basic social and medical services, such as health care, shelter and nutrition. As well as protecting the child's right to education and mental and physical health. With regard to education, the individual's right to receive education in public educational institutions and in the language of his choice was emphasized.

In the framework of working to promote and protect the rights of the child, the South African government supported the adoption of the Global Compact for Safe, Orderly and Regular Migration in December 2018, which is an agreement that strengthens international legal obligations with regard to children's rights, and supports the principle of upholding the interests of the child at all times. In addition to the adoption of a new education policy in December 2017 that aims to provide free higher education to a large proportion of academically qualified people.

Despite the constitutional provisions and concerned governmental efforts to improve the rights of children in South Africa, the situation in practice and realism has not been at its best during the past four years.

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