CHILDREN’S ACT
It has been ten long years since work initially began on the Children’s Bill. In the meantime the conditions facing the children of South Africa have deteriorated, sometimes with added complications. The Children’s Act of 2005 and the Children’s Amendment Act of 2007 are now ready for implementation.
The protection of children is one of the priorities of the ANC-led government. The protection of children’s rights leads to an improvement in the lives of other sections of the community. It is neither desirable nor possible to protect children’s rights in isolation from their families and communities.
In its aims the Children’s Act seeks to stipulate principles relating to the care and protection of children, define parental responsibilities and rights, and regulate matters concerning the protection and well-being of children.
The Act promotes the preservation and strengthening of families, the provision of integrated social services for all children, and the protection of children from maltreatment, neglect, abuse or degradation.
It further makes provision for structures, services and means for promoting and monitoring the sound physical, psychological, intellectual, emotional and social development of children. It also aims to strengthen and develop community structures to assist in providing care and protection to children.
To advance care and protection the Act provides for a two part child protection register. Part A of the register has a record of all reports of abuse or deliberate neglect of a child, all convictions of all persons on charges involving the abuse or deliberate neglect of a child, and all findings of a children’s court that a child is in need of care and protection. Part B of the register is to have a record of persons who are unsuitable to work with children and to use the information in the register to protect children in general against abuse from these persons.
Another important provision is that an alleged offender could be removed with a written notice from the home or place where the child resides. It is in the best interest of the child not to be removed from the home or place where the alleged abuse took place, as the child is in a vulnerable position and should stay in familiar surroundings. A variety of professional people, for example teachers, medical practitioners, psychologists etc, must on reasonable grounds, report a child who has been sexually abused, neglected or abused in a manner causing physical injury.
Right mix of ingredients
Our strong focus on Early Childhood Development (ECD) has been vindicated by ‘The Growth Report’ released last week by the Minister of Finance and the Commission on Growth and Development. The report revealed that fast sustained growth is attainable for developing countries with the "right mix of ingredients".
On the issue of education and skills development the report found that equality of opportunity and gender inclusiveness were necessary to bring the benefits of globalisation to those not yet actively participating in the economy. It found that, for instance, adequate nutrition among infants and children is crucial to the equalisation of opportunity, allowing children to benefit appropriately from educational systems and to then bring this capacity to the workplace.
Our ECD programme aims to ensure that the care of infants and children is paramount and we thus aim to equalise the subsidy at a minimum of R9 per child per day in each province. We hope to subsidise 600,000 children in the current financial year. In the long-term this will provide the foundation to lift children out of poverty.
Poverty is a major cause of child separation. Lifting a family out of poverty can make the difference between a child growing up in a loving family environment or growing up frightened and alone. The Act aims to alleviate this by providing for alternative care such as foster care and child and youth care centres.
Child and youth care centres must offer therapeutic programmes which may include temporary safe care of children pending their placement, protection from abuse and neglect, care and protection of trafficked children, providing counselling and other treatment, and assisting children to reintegrate with their families and communities.
The Act provides for drop-in centres managed for the purpose of providing services to children, including those living, working or begging on the streets. Drop-in centres must provide outreach programmes, as well as prevention and intervention programmes.
The United Nations estimates that 1.2 million children in South Africa have been orphaned as a result of AIDS. The Children’s Act recognises the vital role played by child-headed households. It stipulates that the provincial head of social development may recognise a household as a child-headed household if the parent or care-giver of the household is terminally ill or has died, no adult family member is available to provide care for the children in the household, and a child has assumed the role of care-giver in respect of a child in the household.
Children a priority
The Act treats the matter of services to children as a priority and directs all of us in the various spheres of governance to do the same. Consequently, we should strengthen local level services and support to children. The litmus test of this will be the budget provisions we make towards these objectives. We must also do so in a manner that promotes child participation as well as the enhancement of the capacities of the children’s sector. To advance this we will require the support of the private sector and the broad civil society.
Resources required to implement the Act will be provided in terms of an approach that recognises the existence of competing social and economic needs, without compromising the best interest of children. Government has allocated R22 million in this financial year for the implementation of the Act.
Dialogue between government and civil society forms a sound basis for the protection of children and service delivery. Government cannot deliver services without the support of civil society.
Each one of us is instrumental in making a difference in children’s lives and together we can protect and care for our children. Together we can ensure that we build a caring society.
** Zola Skweyiya is a member of the ANC National Executive Committee and Minister of Social Development. This is an edited extract from a speech at the 'Getting South Africa ready to implement the Children's Act' Conference, 27 May 2008.
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