Child Protection Week 2019
6 June 2019
This year, Child Protection Week (CPW) South Africa runs from 2 June to 9 June. The chosen theme, “Let us Protect All Children to Move South Africa Forward” speaks to the collective responsibility that the South African community bears to actively participate in the protection and promotion of children and their rights. It suggests, accurately, that this mandate is one that belongs to everyone and not just the designated departments in government and organisations in civil society that have dedicated their efforts to children.
CPW is an initiative of the Department of Social Development and commenced in 1997. For over 20 years, South Africans have received a call to action for a week, annually, to do something that by rights, should be an everyday conscious effort on behalf of the most vulnerable of our society. CPW aims to raise awareness of children’s rights, as articulated in section 28 of the Constitution, as well as in other children-specific legislation, such as the Children’s Act. South Africa’s duties are also enunciated in international agreements such as the African Charter on the Rights and Welfare of the Child (ACRWC) and the United Nations Convention on the Rights of the Child (CRC).
The point of departure when considering advocacy for children’s rights is the understanding and acceptance of the fact that children are rights-bearers themselves. The State and other actors have a duty towards children as subjects of human rights protection systems. For too long, children have been viewed as extensions of their parents or guardians. The assumption that has been falsely made is that they experience rights only by virtue of their relationship with a legal adult. It is true that because of their youth and incapacity - physical or otherwise - they are often unable to claim and enforce their rights themselves. This does not however, mean that the choices made by the concerned adult will unquestionably be in the best interest of the child. Rather, the fact that they cannot claim these rights themselves, makes the responsibility of the State and others so much greater.
The ´best interests´ principle is the golden thread that runs through all legislation concerning the rights and treatment of children. Section 28(2) of the Constitution says that the “…best interests are of paramount importance in every matter concerning the child.” This principle is established in both domestic legislation and in its international counterparts. The CRC echoes these sentiments in Article 3 where it states that “In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.” South Africa is party to both the CRC and the ACRWC and as such, is obligated to ensure that both its legislation and conduct realise the protections and provisions of the international agreements. Unfortunately, far too many children remain vulnerable to various threats to their wellbeing and in some instances, their lives.