Although the South African constitution provides a blueprint of expected civil rights to be upheld for its citizens and children’s rights in South Africa, regrettably, a large percentage of the children in our country are still experiencing a violation of children’s rights daily.
By getting in contact with a children’s rights lawyer in Durban, together we can combat some of these common children’s rights violations.
Legal Protections for Children’s Rights in South Africa
Children’s rights in South Africa are enshrined in several laws designed to protect their well-being and ensure their development in a safe and nurturing environment.
- Section 28 of the South African Constitution explicitly protects children by ensuring their right to parental or alternative care, basic nutrition, shelter, healthcare, and protection from neglect and abuse.
- The Children’s Act 38 of 2005 is another key piece of legislation that provides comprehensive protection for children, ensuring their rights are upheld in matters of custody, care and protection from exploitation.
- The Child Justice Act 75 of 2008 was introduced to create a separate legal framework for children in conflict with the law, emphasising rehabilitation rather than punishment.
Despite these strong legal frameworks, violations of children’s rights persist due to systemic failures in enforcement, poverty and a lack of awareness.
Examples of Children’s Rights Being Violated
- Child Labour and Exploitation – One of the most alarming violations of children’s rights in South Africa is child labour. Many children are forced into hazardous working conditions, including domestic work, agriculture, and illicit activities such as drug trafficking and forced begging. The U.S. Department of Labor reported that children in South Africa are subjected to the worst forms of child labour, including commercial sexual exploitation.
- Lack of Access to Proper Sanitation – The absence of safe and adequate sanitation facilities in many schools poses a severe risk to children’s health and safety. A 2020 Amnesty International report found that several schools in South Africa still rely on unsafe pit latrines, endangering the lives of young children. This lack of sanitation not only affects their health but also contributes to gender disparities, as many girls miss school due to the lack of proper facilities.
- Exposure to Violence and Abuse – South Africa has one of the highest rates of child abuse and violence in the world. Children are often victims of physical, emotional and sexual abuse at home, in schools or within their communities. Violence against children can take the form of physical, emotional, or sexual abuse, corporal punishment, and neglect. The Teddy Bear Clinic and Childline South Africa have reported increasing cases of abuse, but many incidents remain unreported due to fear, stigma or lack of access to support services.
- Food Insecurity – According to the World Food Programme people are considered to be food secure if sufficient, nutritious and safe food is available and allows them to live an active, healthy life. Unfortunately, for many households in South Africa, this is not the case. Food insecurity has a tremendous impact on children’s physical well-being and growth and could lead to cognitive development issues. Poverty and malnutrition practices play a key role in the food insecurity that children of our country experience.
- Access To Basic Education – Not only should children, regardless of their gender, race, economic background, or physical and cognitive ability have equal access to education; but furthermore the institutions that provide the schooling are expected to ensure a safe environment with equipment and facilities that aid in the learning process. Education facilities are often distributed unequally throughout our country and as a result, many children are faced with walking far distances or through dangerous routes just to get to and from school each day.
- Access To Sanitation And Clean Water – Access to clean and safe drinking water is at the very core of essential human and children’s rights in South Africa. Despite the increasing trend of the number of people who do have access to this fundamental right, for over 2 billion people this was still not achievable in 2020. For many children, the lack of ablution facilities in their homes and schools is resulting in a serious health concern and is an example of children’s rights being violated.
The Protection of Children’s Rights In South Africa
While South Africa has numerous laws to protect children, enforcement remains a significant challenge. Strengthening partnerships between government agencies, NGOs and legal professionals is crucial in tackling violations of children’s rights.
Increased funding for education, healthcare and child protection services is also necessary to ensure that all children have the opportunity to grow up in a safe and supportive environment.
The public and communities also have an essential role in safeguarding children. If you witness or suspect a violation of children’s rights, the ethical thing to do is report it urgently to authorities or reach out to organisations such as Child Welfare South Africa or the Department of Social Development.
Childhood should be a period of time where children can grow, learn and develop while being cared for, loved and safe. If you are aware of or suspect any violation of children’s rights, collaborate with professionals in the community by getting in contact with a children’s rights lawyer in Durban today. Karen Oliver and her team are passionately dedicated to helping uphold the rights of the children of our country.
Protect children’s rights in South Africa. Act against a violation of children’s rights now!
