2005
6 July 2007
The Department of Social Development is concerned about the
misinterpretation of the Children's Act, especially the clauses relating to the
provision of contraceptives to minors and reduction of the age of majority from
21 to 18.
The Children's Act gives effect to certain rights of children, sets out
principles relating to the care and protection of children, defines parental
responsibilities and rights and makes provision for matters such as children's
courts, adoption, child abduction and surrogate motherhood.
The Act provides that children should be provided with access to
contraceptives. This is in realisation of the fact that children are sexually
active at a very young age, even though the legal age of consent is 16.
Furthermore, given HIV and AIDS, especially amongst teenagers, it would be
unwise to deny children access to condoms.
Provision of the reproductive health services to minors will most
importantly; help us to detect children who are in need of care. We are mindful
of the fact that a sexually active child may be a child in need of care.
Therefore the health practitioners would be required to report suspicious cases
to a child protection organisation, social workers, police officers or
children's court. The child would then receive proper attention and assistance.
This would assist children who are abused, neglected and exploited.
In addition, access to contraceptives should go hand in hand with
appropriate sexuality education.
Regarding the age of majority, there has been a grey area in relation to the
age of adulthood since 1972 when the Age of Majority Act of 1972 stipulated the
age of 21 as the age of majority. "Child" has always been defined as a person
under the age of 18. Between 18 and 21 you're neither a child nor an adult. The
Children's Act, 2005 clarifies that grey area and brings in line with section
28 (3) of the Constitution. Now any person under 18, unless married or
emancipated by order of Court, is a child and any person over 18 is an
adult.
In addition, the Constitution and the African Charter on the Rights and
Welfare of the Child define a child as any person under the age of 18 years.
Government felt that the changed socio-economic and political circumstances in
South Africa justify the advancement of the age of majority to 18 years.
The main objectives of the Act are:
* to promote the preservation and strengthening of families
* to give effect to certain constitutional rights of children
to give effect to the Republic's obligations concerning the well-being of
children in terms of international instruments binding on the Republic
* to make provision for structures, services and means for promoting and
monitoring the sound physical, psychological, intellectual, emotional and
social development of children
* to strengthen and develop community structures which can assist in providing
care and protection for children
* to protect children from discrimination, exploitation and any other physical,
emotional or moral harm or hazards
*. to provide care and protection for children who are in need of care and
protection
* to recognise the special needs that children with disabilities may have
* generally, to promote the protection, development and wellbeing of
children.
Enquiries:
Lakela Kaunda
Cell: 082 782 2575
Issued by: Department of Social Development
6 July 2007
