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Children’s Rights and the Law on HIV/AIDS

The Constitution of South Africa and the United Nations (UN) Convention on the Rights of the Child that South Africa signed and agreed to on 16 June 1995 protect the rights of children. The Constitution sets out the human rights of all people.

Children also have these general rights, for example:

  • The right to equality and non-discrimination
  • The right to privacy and dignity

The Constitution also recognises that children need special protection. Section 28 of the Constitution sets out special rights just for children.


Important Rights of Children:

  • The right to appropriate care (if they are removed from their parents)
  • The right to appropriate care (if they are removed from their parents)
  • The right to basic health care services
  • The right to basic shelter
  • The right to basic social services
  • The right to be protected from abuse or bad treatment
  • The right to be protected from child labour
  • The right to a basic education (Section 29)