Legal tools towards inclusive cities for children in South Africa

Abstract

The world is experiencing significant urbanisation as more people live in cities. It is estimated that approximately 55% of the global population lives in cities. Half of the global urban population comprises children. The global urban population is estimated to increase to 60% by 2030 and to 68% by 2050. South Africa is no exception to the increase in urban population. It is estimated that over 67% of South Africa's population currently lives in cities, and the urban population is projected to increase by approximately 70% by 2030 and 80% by 2050. Interestingly, more children live in cities, and the urban child population is expected to continue to rise in the coming years. This implies that children constitute an important urban constituent that should not be left out of decision-making processes in city-level governance. This study aims to identify and explore legal tools as well as opportunities in South African law and policy for the inclusion of children in decision-making processes at the city level against the background of the concept of inclusive cities. The concept of inclusive cities is generally discussed in the literature with limited connection to what inclusive cities for children are or could mean for city-level governments. Even scholarship on Sustainable Development Goal 11 (the urban goal) and the New Urban Agenda is mute on the concept of inclusive cities for children. No comprehensive study has been conducted on the concept of inclusive cities for children. At the time of writing this thesis, no conceptual framework existed on what inclusive cities for children should look like. This study frames the concept of inclusive cities for children. It notes that inclusive cities for children are cities that respect the rights of children, provide participatory opportunities for children, and cities that are child-responsive, as well as foster sustainability governance. In addition to international urban policy, the study also relies on international children's rights law, such as the United Nations Convention on the Rights of the Child (1989) and the African Charter on the Rights and Welfare of the Child (1990). These instruments provide a normative legal framework and standards for the inclusion and participation of children in all matters concerning them. It is argued that the right of children to be heard and taken seriously in matters concerning them is a legal imperative for all levels of government, including city authorities. With this understanding, this study explores the typologies, forms, and methods that city authorities can use to engage children in decision-making, as well as the Lundy model of child participation. The Lundy model underscores that children should be provided with the "space, voice, audience and influence" in decision-making processes at all levels of government. Cities have the legal mandate and power to administer public affairs in their jurisdiction, specifically in functional areas and matters that impact children. Cities play a critical role in children's lives and their inclusion in decision-making processes. In this context, this study discusses the South African local government landscape in relation to local governance and children, municipal governance instruments and public participation, as well as municipal mechanisms for inclusive decision-making such as councils and ward committees to ascertain whether they provide opportunities for children to participate in decision-making processes. These are collectively seen as legal tools that could be used to ensure the inclusion of children in decision-making processes in the governance of their cities. The study acknowledges barriers in the South African local government sphere and identifies challenges that could hinder children's participatory rights at the city level. It concludes by noting that while South African law and policy provide a basis for the inclusion of children in decision-making processes at the city level, more still needs to be done to clarify and simplify the right of children to participate to ensure that cities are inclusive of children in governance.