Wednesday, February 25, 2009

Section 28 - Children

Section 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
    place at 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; and
    is treated in a manner, and kept in conditions, that take account of the child's age;
    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; and
    not be used directly in armed conflict, and to be protected in times of armed conflict.

  • A child's best interests are of paramount importance in every matter concerning the child.
    In this section 'child' means a person under the age of 18 years.

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