Children are among the most vulnerable members of society and need special protection. It's our shared responsibility as parents, families, communities and government to ensure that all of our children are safe from harm and grow up in nurturing environments. To ensure this, children have special legal rights which are enforced by the state.  

What are children’s rights?

Children’s rights are entrenched in Section 28 in the Bill of Rights in the Constitution of South Africa. These rights are in the best interest of all children under the age of 18 years old. The drafters of our Constitution have made children's rights a priority. When it comes to any matter affecting a child’s well-being, the Constitution states that the best interests of a child are of paramount importance.

Understanding children’s rights

ection 28 of the Bill of Rights, entitled "Children", says:

Every child has the right to:

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