You and Your Rights: Constitutional Rights
Summary
- Every child has a right to protection from exploitation
- Any child that is detained has the right to be kept apart from adult prisoners
- A child is defined as any person under 18 years of age
- Every child has the right to social and health care services
Section 27 of the Constitution:
“Everyone has the right to have access to social security, including, if they are unable to support themselves and their dependants, appropriate social assistance. The state must take reasonable legislative and other measures, within its available resources, to achieve the progressive realisation of each of these rights”
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While every attempt has been made to ensure the information published here is accurate, the Black Sash does not take responsibility for any loss or damage that may arise out of the reliance on or use of this information. The contents do not constitute legal advice. This fact sheet was last updated in February 2011.
Your Rights
Section 28 of the South African Constitution says ..
(1) Every child has the right:
(a) to a name and a nationality from birth;
(b) to family care or parental care, or to appropriate alternative care when removed from the family environment;
(c) to basic nutrition, shelter, basic health care services and social services;
(d) to be protected from maltreatment, neglect, abuse or degradation;
(e) to be protected from exploitative labour practices;
(f) not to be required or permitted to perform work or provide services that -
(i) are inappropriate for a person of that child's age; or
(ii) place at risk the child's well-being, education, physical or mental health or spiritual, moral or social development;
(g) not to 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
- treated in a manner, and kept in conditions, that take account of the child's age;
(h) to 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
(i) not to be used directly in armed conflict, and to be protected in times of armed conflict.
(2) A child's best interests are of paramount importance in every matter concerning the child.
(3)In this section "child" means a person under the age of 18 years.