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CMY2604 Assignment 1 Semester 2 2023 - DUE 8 August 2023
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CMY2604 Assignment1 Semester 2 2023
QUESTIONS AND
ELABORATE ANSWERS
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, Question 1
Discuss the sections of the South African Constitution that are specifically dealing
with the protection of children. [15]
The protection of children is of paramount importance in any society, and
the South African Constitution reflects this by incorporating several
provisions dedicated to safeguarding the rights and well-being of children.
These provisions are distributed across different sections of the
Constitution, all aimed at promoting their best interests, health, education,
and overall development. In this discussion, we will explore the key sections
of the South African Constitution that specifically deal with the protection
of children.
1. Section 28: Rights of the Child Section 28 of the Constitution is one of the
most comprehensive sections concerning children's rights. It sets out the
principles that guide the interpretation and application of the rights
granted to children. This section explicitly states that every child has the
right to basic nutrition, shelter, healthcare, and social services. It further
enshrines the right to a name and nationality from birth, emphasizing the
importance of birth registration.
2. Section 28(1)(a): Best Interests of the Child This subsection emphasizes the
paramount importance of the best interests of the child in all matters
concerning them. It states that in any matter concerning a child, the child's
best interests are of primary consideration, and this principle applies to
courts, tribunals, and any other forum.
3. Section 28(1)(b): Right to Family Care or Appropriate Alternative Care This
provision acknowledges that every child has the right to family or parental
care. However, it also recognizes that in cases where a child cannot be
cared for by their family, they have the right to appropriate alternative care.
4. Section 28(1)(c): Protection from Abuse, Neglect, or Degradation This
subsection affirms that every child has the right to be protected from
maltreatment, neglect, abuse, or degradation. It emphasizes the
responsibility of the state and society at large to safeguard children from all
forms of harm.
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