New Children's Act to care for and protect children

Pretoria - Spokesperson for the CRC Noreen Ramsden, told BuaNews, Monday the act was a great improvement and a "big step forward" for children.

Sections of the Children's Act of 2005 (Act No 38 of 2005) came into effect Sunday, 1 July 2007.

The Act sets out principles relating to the care and protection of children, defines parental responsibilities and rights and makes provision for matters such as children's courts, adoption, child abduction and surrogate motherhood.

The principles call for the prioritisation of the best interest of the child, the right to the child being able to participate in any matter concerning that child, children living with disability or chronic illness and a child's right of access to court.

The Act also clarifies the grey area which currently exists in relation to the age of adulthood.

The Constitution and international instruments concerning children define a child as a person under the age of 18 years, while the Age of Majority Act, 1972 stipulates the age of 21 as the age of majority.

The Act now determines that a child becomes a major on reaching the age of 18.

Ramsden said, “The age of majority being reduced to 18 is in line with most other countries.”

With regards to giving those aged 12 and above access to contraceptives, Ramsden said every person of a reproductive age should have such access as well as reproductive information.

The Aids Foundation of South Africa deputy director Nozuko Majola agreed that this provided a platform for families, health care providers and schools to start talking about sexual reproductive health more openly with the youth.

The Act also contains new provisions on the parental responsibilities and rights of unmarried fathers relating to access to the custody of their children.

Ramsden said giving unmarried fathers custody of their children would encourage South African men to be good fathers.

Minister of Social Development, Dr Zola Skweyiya, explained the bulk of the Act dealt with matters which must be implemented on a practical level, which means that regulations will be required before these matters can be operationalised.

“The Act, however, also deals with principles that are fundamental to the manner in which children are treated and protected.

“To ensure the application of these important principles to all matters affecting children, the legislation containing the principles should be put into operation as soon as possible," said Dr Skweyiya.

The main objectives of the Act are to:

• make provision for structures, services and means for promoting and monitoring the sound physical, psychological, intellectual, emotional and social development of children;
  
• strengthen and develop community structures which can assist in providing care and protection for children;
  
• protect children from discrimination, exploitation and any other physical, emotional or moral harm or hazards;
  
• provide care and protection for children who are in need of care and protection;
  
• recognise the special needs that children with disabilities may have;
  
• promote the protection, development and well-being of children;
  
• promote the preservation and strengthening of families;
  
• give effect to certain constitutional rights of children;
  
• give effect to the Republic's obligations concerning the well-being of children in terms of international instruments binding on the Republic

In order for the rest of the Act to come into effect, regulations need to be finalised first and another proclamation will be prepared at a later stage, according to the department of social development.

Article published courtesy of BuaNews