The United Nations Convention on the Rights of the Child (CRC), which South Africa ratified in 1995, says the State has a duty to:

Recognise the right of the child to the highest possible standard of health Take steps to lower infant and child mortality, ensure that all children receive necessary medical assistance and health care, and ensure suitable pre-natal and post-natal care for mothers.

CONFIDENTIALITY AND HIV TESTING

HIV TESTING 12 YEARS OR OLDER

If a child is 12 or older, the child has the same rights to confidentiality as an adult. This means that a child who consents to an HIV test has the right to keep their result private. Nobody is allowed to disclose (tell anyone) the HIV status of someone who is 12 or older without their consent.

HIV TESTING 12 YEARS OR YOUNGER

When a child is younger than 12, the child cannot consent to an HIV test. The consent of a parent or guardian is necessary. The parent or guardian has a right to decide whether to disclose the results of the test to the child. A lot depends on:

• Whether the child is old enough to understand the results
• What is in the child’s best interests

If the child does not have parents or a guardian, the parents or guardian are not available or they cannot be found in time, then consent to general medical treatment or operation (which is not risky to the child’s life or health) can be given by one of these people:

• A person with parental power over the child (e.g. a teacher or relative)
• A person who has custody of the child (e.g. a foster parent or the head of a children’s home)
• The social development minister

EMERGENCY MEDICAL TREATMENT

When there is an emergency where the child’s life or health is in danger, there may not be time to consult the parents/guardian or the minister for consent. Then the Children’s Act says that one of these people can consent to the treatment or operation:

• The person with parental power or custody
• The medical superintendent of the hospital

REPRODUCTIVE HEALTH

Reproductive health is the health of your body’s reproductive system – the parts of the body that are used for having sex and giving birth to babies. The Constitution says that all children have a right to health. The right to health includes a right to reproductive health.

CONTRACEPTION

The Children’s Act says that a child of 12 years or older can consent to medical treatment. This means that a 12-year-old girl can choose to take an oral contraceptive (the pill) to control her reproductive system.

TERMINATION OF PREGNANCY

The Choice on Termination of Pregnancy Act 1996 governs the law about terminations of pregnancy – often referred to as ‘abortions’. The Act says that when a girl wanting an abortion is under 18, the doctor or midwife must advise her to speak to her parents or other family members before having the abortion. But the girl does not need to follow this advice and she does not need their consent for the procedure.

An exception is that if the girl is severely mentally ill or has been unconscious for a long time, then the consent of a parent or legal guardian is required.