Die reg van die kind op oorlewing, ontwikkeling en beskerming

Abstract

Children's rights not only entail the protection of the child, but also the recognition of his developing self-determination. These rights which are aimed at survival, development and protection, are universal and are recognised in international and regional human rights treaties. Children's rights do not imply that parents and the family are of secondary importance in the care, education and protection of the child. Rather, it is indicative of a shift in emphasis from parental authority and rights to parental responsibility and children's rights. Although this shift in emphasis has certain implications for the relationship between parents, children and the state, parents remain primarily responsible for the child's care and protection. The state's role in the care and protection of the child is only supplementary. The Bill of Rights, in particular the provisions in section 28, also acknowledges the particular needs and interests of children. Furthermore, constitutional recognition is also given to the principle of the best interests of the child. Section 28(2) states that the child 's best interests are of paramount importance in every matter concerning him. By entrenching every child's right to parental or family care, the importance of parents and family life for the survival , development and protection of children are also acknowledged. The basic survival and healthy development needs of children are addressed by socio-economic rights such as those set out in section 28(1)(c). However the implementation of these rights may be restricted by a lack of sufficient resources. Although common and statutory law recognises the child 's needs and interests, the constitutional entrenchment of children's rights requires further reform. Principles such as the best interests of the child as the paramount interest, the recognition of the child's developing self-determination, and his right to be heard in matters concerning him, the distinguishing between children who need parental guidance and those who are sufficiently mature to

make certain decisions and enforce certain fundamental rights, and the restriction on certain fundamental rights to protect the child, are just some of the guidelines proposed for reform and the realisation of children 's rights.