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The Children's Act, 2005 (Act No. 38 of 2005) is an act of the Parliament of South Africa that consolidates and reforms the law on matters related to children. [1] It deals with topics including the age of majority, paternity, custody, child support, guardianship, parenting plans, children's courts, circumcision, day care, child protection, foster care, group homes, adoption, surrogacy, child ...
The Children's Charter has a clearer definition of the child as a person aged under 18 years old; Outright prohibition on the recruitment of children (i.e. under 18 years old) in armed conflict and deals with conscription of children into the armed forces; Prohibiting marriages or betrothals involving children; Prohibiting the use of children ...
[30] [31] In addition, section 28(1) lists nine rights that are held uniquely by children. In respect of domestic and family life, children have the right "to a name and a nationality from birth; to family care or parental care, or to appropriate alternative care when removed from the family environment; to basic nutrition, shelter, basic ...
Christian Education South Africa v Minister of Education (2000) – the Constitutional Court found that the right to freedom of religion did not entitle Christian private schools to an exemption from a general law prohibiting school corporal punishment, despite their belief that the Bible prescribes corporal punishment.
In BDS South Africa v Continental Outdoor Media (Pty) Ltd, [5] the court drew a distinction between the positive duty of organs of state to respect, protect, promote and fulfil the right to freedom of expression, and the negative obligation resting on private entities not to interfere with or diminish the enjoyment of that right.
Section 21: freedom of movement, including the right to leave South Africa, the right of citizens to a passport and the right to enter South Africa. Section 22: the right to choose a trade, occupation or profession, although these may be regulated by law. Section 23: labour rights, including the right to unionise and the right to strike.
Human rights in South Africa are protected under the constitution. The 1998 Human Rights report by Myles Nadioo noted that the government generally respected the rights of the citizens; however, there were concerns over the use of force by law enforcement, legal proceedings and discrimination. [ 1 ]
The petition had been created by the Federation of South African Women and printed by the Indian Youth Congress. [2]: 4 The petition reads: We, the women of South Africa, have come here today. We African women know too well the effect this law upon our homes, our children. We, who are not African women know how our sisters suffer.