The bill of rights in South Africa for children has a special section .Most of whom had suffered under the apartheid system for many years, therefore equality and worth of all people has an important place.
The objects to be without trial, tortured and assaulted,to be without discrimination in healthcare and education has priority .
The children are described as the most vulnerable members of society.
Bill of rights says: Every child has the right to ( I will write only the points who are not written in the other posts)
a name and a nationality from birth
family care or parental care
basic nutrition
to be protected from maltreatment, exploitative labour practices
Not to work that are inappropriate of a child´s age
not to place a risc the childs well-being, education, physical or mental health
Has to be kept separately from detained persons over the age of 18 years
is treated in a manner that take acount of the childs age
not to be used directly in armed conflict and to be protected in times of armed conflict
The interests of the child are most importance in every matter concerning the child.
The child should be jailed only it is the last solution and should not have to share a cell with adult.(This belonges to childwelfare in south africa)
Then rights in other sections also apply according to the situations children. These are equality, human dignity, religion and health.
Here are a few cases which I read .
An unmarried father of a child who wanted to adopt his child himself. The Child Care Act of 1983 which requires to obtain the consent of both parents before issuing an order for the adoption of a legitimate child but not a child born out of wedlock.
Legitimate children are those born of a marriage recognised by the state.
The court explained this as a violating right of equality. It is a discrimination against fathers in marriages.
Then the court gave parliament two years to correct this law.
An other example.
A Christian school argued that corporal correction are an integral part of the Christian ehtos. On the one side democrathy allows free decisions, on the other hand the law forbids violence to children. The court refused to grant an exemption that would allow corporal punishment in schools, the parents had no choose between school and law, they have follow according the bill of rights .
An other important subject in South Africa is the Prevention and treatment of mother to child with HIV. Nevirapine is an essential treatment as far as children were concerned. The state was obliged to ensure the children get an adaquate treatment with Nevirapine. The government did restrictions on nevirapine and worked against the bill of rights, and endange the life of children. The government hat to remove the restrictions on vevirapine.
Calltec
calltec on the blog
Beth Shalom ,not only brown and blue
The color of water
Dienstag, 25. September 2007
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