South African Bill Of Rights

The South African Bill of Rights is Chapter 2 of the Constitution of the Republic of South Africa, 1996, Act No. 108. Section 28 is specific to children and says:

1. Every child has the right -

• to a name and a nationality from birth; 
• to family care or parental care, or to appropriate alternative care when removed from the family environment; 
• to basic nutrition, shelter, basic health care services and social services; 
  to be protected from maltreatment, neglect, abuse or degradation; 
• to be protected from exploitative practices; 
• not to be required or permitted to perform work or provide services that – 
  • are appropriate for a person of that child’s age;  or place at risk the child’ well-being, education, 
  • physical or mental health or spiritual, moral or social development; 
• not to be detained except as a measure of last resort, in which case, in addition to the rights of a child enjoys under sections 12 and 35, the child may only be detained for the shortest appropriate period of time, and has the right to be 
  • kept separately from detained persons over the age of 18 years; and
• treated in a manner, and kept in conditions, that take account of the child’s age;
• 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; 
• 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.’

Important Note
Section 233 is also important as it provides a basis for interpreting the UN Convention on the Rights of the Child within the South African Legal context.

Application of international law
233. When interpreting any legislation, every court must prefer any reasonable interpretation of the legislation that is consistent with international law over any alternative interpretation that is inconsistent with international law.”