Know your rights: The rights of children

The importance of children’s rights is evident in the many pieces of legislation pertaining to children. Rights of children, in South Africa, are protected by the Constitution, the Bill of Rights and the Children’s Act which, in fact, supplements the Bill of Rights.

The Children’s Act came into force in 2007, with its main function being the protection of the rights of children, as well as ensuring that the best interest of the child is adhered to.

A child’s best interest is paramount and this, in itself, lays the foundation of every decision which the court makes in respect of children.

Every child and his or her situation differs from the next, therefore, there isn’t a set of rules which the court must consider every time, but rather a unique consideration of each individual situation.

Children’s rights include, amongst others, the right to a name and nationality, family or parental care, shelter, nutrition, protection from anything that may cause the child harm in any way, the right to an education, health services and the right to social services.

A child, regardless of his or her minor status, also has rights in respect of the criminal justice system.

A child who has committed an offence has the right to be detained only for the shortest time possible, as well as to be kept separate from any adult detainees.

A child is any person, male or female, under the age of 18 years. Children are dependent on their families, guardians or caregivers and, due to this, proper protection of a child’s rights cannot be enforced without the protection and enforcement of the rights of the adults around them.

The Children’s Act, therefore, also aims to strengthen familial ties, as a healthy support system is paramount to the well-being of a child.

The Children’s Act allows for what is called “Child Participation” and this section allows for a child, who is of a certain age and level of maturity in respect of a specific circumstance, which concerns the child, to voice their opinion and for their views to be considered.

Any violation of a right afforded to a child is an offence, and a claim may be instituted by the parent or guardian of that child on the child’s behalf.

A claim must be instituted by the parent or guardian, as a child does not have legal standing to appear in their own capacity in a court of law.

A child does, in fact, have the right to legal representation, but the claim must still be instituted in the name of a parent or guardian, acting in the child’s interest. A parent or guardian who suffers a financial loss due to the actions by the infringer may institute a claim in his or her own capacity to recover such losses.

Children are great imitators, so give them something great to imitate.

Compiled by Monique Milligan — candidate attorney, Malherbe Rigg and Ranwell Inc.

Malherbe Rigg and Ranwell Attorneys will each week introduce readers of the Advertiser to Your Rights, published under the Bill of Rights within the South African Constitution. Those with further information regarding their rights may communicate a query to jeff@mrr.co.za. – @BoksburgEd