Govt concerned about "misinterpretation" of Children's Act

The Act came into effect last Sunday, 1 July, and triggered mixed reactions with many criticising it for "excluding" parental involvement including allowing children to undergo HIV and AIDS testing without the consent of their parents and access to contraceptives.

However in a statement on Friday, the department explained that the Children's Act gave effect to certain rights of children; set out principles relating to the care and protection of children; defined parental responsibilities and rights; and made provision for matters such as children's courts, adoption, child abduction and surrogate motherhood.

"The Act provides that children should be provided with access to contraceptives. This is in realisation of the fact that children are sexually active at a very young age, even though the legal age of consent is 16.

"Furthermore, given HIV and AIDS, especially amongst teenagers, it would be unwise to deny children access to condoms," the department maintained.

It explained that the provision of the reproductive health services to minors would help government detect children who were in need of care.

"We are mindful of the fact that a sexually active child may be a child in need of care. Therefore the health practitioners would be required to report suspicious cases to a child protection organisation, social workers, police officers or children's court.

"The child would then receive proper attention and assistance. This would assist children who are abused, neglected and exploited," the department said.

It further emphasised that access to contraceptives should go hand in hand with appropriate sexuality education.

On the age of majority, the department said there had been a grey area in relation to the age of adulthood since 1972 when the Age of Majority Act of 1972 stipulated the age of 21 as the age of majority.

It added that a "child" had always been defined as a person under the age of 18.

"Between 18 and 21 you're neither a child nor an adult. The Children's Act, 2005 clarifies that grey area and brings in line with section 28 (3) of the Constitution.

"Now any person under 18, unless married or emancipated by order of court, is a child and any person over 18 is an adult,” the department explained.

It added that the Constitution and the African Charter on the Rights and Welfare of the Child defined a child as any person under the age of 18 years.

"Government felt that the changed socio-economic and political circumstances in South Africa justify the advancement of the age of majority to 18 years," the department said.

The main objectives of the Children's Act include:

• to promote the preservation and strengthening of families;
  
• to give effect to certain constitutional rights of children;
  
• to give effect to the Republic's obligations concerning the well-being of children in terms of international instruments binding on the Republic; and
  
• to make provision for structures, services and means for promoting and monitoring the sound physical, psychological, intellectual, emotional and social development of children.

The Act further protects children from discrimination, exploitation and any other physical, emotional or moral harm or hazards.

Article published courtesy of BuaNews