The Current Situation

• Nearly 60% (11 million) of all children in South Africa live in dire poverty on less than R200 per month. 
• Approximately 30% of the country’s population experience food insecurity. For many children this means starvation. 
• The infant mortality rate is 45 per 1000 (average for SA), and the rate for under-5’s is 59 per 1000. It is estimated that the under-5 mortality rate will almost double by the year 2010 to 99.5 per 1000 as a result of the HIV/AIDS pandemic. 
• It is estimated that 1 in every 10 children is infected with a chronic illness. 
• According to the Education Atlas, approximately 1.2 million children of school-going age are not attending school, and approximately 40 000 children attend on a part-time basis.

(Alliance for Children’s Entitlement to Social Security)

Children’s rights in law
Section 28 of the Bill of Rights in the South African Constitution safeguards rights to care and protection for children, over and above the rights they have in common with everyone else.

South Africa also has to comply with its international treaties to which it is a signatory, including the International Convention on the Rights of the Child (1989)

Acess Young Child Conference Resolutions on the Rights of Young Children

Children’s right to social services

Section 28(1)(c) of the Bill of Rights in the South African Constitution guarantees every child the right to social services: “Every child has the right to basic nutrition, shelter, basic health care services and social services.”

The Forum is lobbying government to tackle South Africa’s growing orphan crisis by removing bureaucratic obstacles to extending social security and other support to families offering long-term kinship care.

To add your voice to the call to government to change its approach, we invite you to read and comment on our discussion paper: ”The Use of the Statutory Foster Care System to Support Long-term kinship care”

Issue Overview

The Forum also contributed to the South African Child Gauge, published in 2007/2008 on the theme of 'Children’s right to social services'.

This document provides in-depth information on some of the pioneering aspects of the new children’s legislation and the budgetary and human resource challenges that need attention to enable maximum impact for vulnerable children. It also contains an update on legislative and policy developments pertaining to child rights, and provides updated statistics on the demographics of children in South Africa and their access to a range of socio-economic entitlements.

Forum Documents:
01 March 08 - Discussion Paper: The Use of the Statutory Foster Care System to Support Long-term kinship care

The Children’s Act and the Children’s Amendment Act

The Forum is involved in the public debate on the regulations to go with the Children’s Amendment Act, which was signed into law on 13 March 2008, but whose full entry into force has been delayed pending finalisation of the regulations (this is anticipated in the second part of 2008).

Issue Overview

Forum Documents:
04 April 07 Letter to Deputy Minister on Children’s Amendment Bill

Resource Documents:
Children's Amendment Act No. 41 of 2007 
Children's Act No. 38 of 2005
26 May 08 - Guide to the Children’s Act No. 38 of 2005 by the Children’s Institute

Children in conflict with the law

South Africa’s current criminal justice legislation fails to provide special protection to children in conflict with the law, and is therefore out of line with international treaty obligations and its own constitution, which does provide for such protection.

To address this, the draft Child Justice Bill was tabled in Parliament in 2002 and the Portfolio Committee on Justice held public hearings and deliberated on the Bill in 2003. The process stalled until November 2007 when a revised Bill was referred back to Cabinet for approval. Fresh public hearings were held on the new draft in early 2008.

Issue Overview

Related Documents:
08 July 08 - National Children’s Rights Advisory Council Report

Organisations

Networks:
Alliance for Children’s Entitlement to Social Security (ACCESS)
Academic:
Children’s Institute (University of Cape Town)
Centre For Child Law (University of Pretoria)
NGOs:
ChildLine  
Children’s Rights Centre
Disabled Children’s Action Group
Resources Aimed at the Prevention of Child Abuse and Neglect (RAPCAN)
Molo Songololo
Professional Associations:
National Association of Child Care Workers
Inter-governmental:
UNICEF South Africa

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