A Fundamental Framework For Child Protection

Section 28 of the Bill of Rights Protects the Rights of Children Under 18 Years Old

A Fundamental Framework for Child Protection

Section 28 of the Bill of Rights, enshrined in the Constitution of South Africa, serves as a cornerstone of child protection and welfare. It outlines the fundamental rights of children under the age of 18, ensuring their well-being and safeguarding their future.

Key Provisions of Section 28

This crucial section of the Constitution guarantees several essential rights for children:

• Every child has the right to a name and a nationality from birth.
• Children have the right to parental care or to appropriate alternative care when removed from their family environment.
• The state must take reasonable steps to ensure that children's rights are respected and protected.

Enforcement and Implementation

The Childrens Act of 2005 gives effect to Section 28 of the Constitution, providing a comprehensive framework for implementing and enforcing these rights. The Act establishes various mechanisms to protect children, including:

• Child Protection Committees
• Children's Rights Committees
• Mediation and Alternative Dispute Resolution (ADR) processes

Conclusion

Section 28 of the Bill of Rights serves as a powerful testament to South Africa's commitment to the rights and well-being of its young citizens. By upholding this section, the government and society at large play a vital role in nurturing a just and equitable environment for all children, ensuring their ability to thrive and reach their full potential.