All Spheres of Government and Their Departments Must Work Together to Deliver Services

The Act requires all spheres of government and their departments to work together in an integrated and co-ordinated way to deliver services to children. This means there is a duty for national, provincial and local governments to work together to ensure that services are provided to children.

The Act brings together all laws relating to children in South Africa and does away with the need for each province to pass its own legislation on children’s issues. It should therefore streamline provincial governance. This Act does not however have any direct implications on local government.

Rights of Children with Disability or Chronic Illness

Special care must be taken of a child with a disability or chronic illness by:

• Providing the child with parental care, family care or special care
• Making it possible for the child to participate in social, cultural, religious and educational activities, recognising the special needs that the child may have (for a disabled child)
• Providing the child and the child’s care-giver with the necessary support services
• Providing the child with conditions that ensure dignity, promote self-reliance and facilitate active participation in the community.

Best Interests of the Child

The principle of the best interests of the child must always be considered when making decisions about children. Some of the factors that should be taken into account include:

• The nature of the personal relationship between the child and the parents Or care-giver
• The attitude of the parents towards the child
• The capacity of the parents or care-giver to provide for the needs of the child, including emotional and intellectual needs
• The possible effect on the child of any change in the child’s circumstances, including being separated from both or either of the parents, any brother or sister or other child, or any other care-giver or person, where the child has been living with the person
• The practical difficulty and expense of a child having contact with the parents on a regular basis
• The need for the child to remain in the care of his or her parent, family and extended family; and to keep a connection with the family, extended family, culture or tradition
• The child’s age, maturity, stage of development, gender and background
• The child’s physical and emotional security
• Any disability that a child may have
• Any chronic illness that a child suffers from
• The need for a child to be brought up in a stable family environment and, where this is not possible, in an environment that is as close as possible to a caring family environment
• The need to protect the child from any physical or psychological harm that may be caused by exposing the child to maltreatment, abuse, neglect, exploitation or degradation or exposing the child to violence or exploitation or other harmful behaviour
• Any family violence involving the child or a family member of the child.

Right of Participation

All children have a right to participate in decisions that affect them.

Age of Majority

The age of majority changes from 21 to 18 years.

Parental Responsibilities and Rights

(See: Parental Responsibilities and Rights)

Protective Measures Relating to the Health of Children

Children over the age of 12 years can consent to HIV testing without involving their parents (in the past the age was 14 years).

Children over the age of 12 years can ask for contraceptives without the consent of their parents or care-giver (in the past the age was 14 years).