20 August 2007
The Department of Social Development has noted the concerns of some cultural
groups that have been protesting against the Children's Act of 2005. Some of
the concerns raised include a belief that the Act promotes abortion by children
from the age of 12 and that there was no consultation.
We wish to clarify as follows:
Consultation
The Children's Act policymaking process began in 1997. A series of
workshops, public hearings and meetings have been held over the last 10 years
on the proposed law. Sufficient consultative mechanisms were put in place, and
all stakeholders had the opportunity to make their views known at the various
forums held by both government and parliament. Parliament is currently holding
public hearings on the Children's Amendment Bill which provides opportunity for
further public comment, and the Department of Social Development has also held
meetings and workshops for stakeholders on the Bill.
Abortion
No provision is made for abortion in the Children's Act 38, of 2005.
Allegations that the Act permits abortion for children are incorrect.
Age of majority
* The Constitution and various international conventions signed and ratified
by government recognise a child as any person under the age of 18 years.
* To be in line with the constitution, the Act lowers the age of majority from
21 to 18 years.
* In this period where many children find themselves without parents as a
result of fatalities due to AIDS; this provision is very important to safeguard
children against property grabbing by relatives or other people in the event of
their parents' death.
* The lowering of the age of majority does not affect the provisions of The
Firearms Control Act, No 60 of 2000 which requires a competency certificate for
the granting of licences for firearms. Section 9 of this Act stipulates that a
person must be 21 or older before a competency certificate may be issued to him
or her.
* A person who is a major may among other things:
1. administer and safeguard property and property interests
2. enter into administrative, contractual and other legal matters
3. give or refuse any consent required by law (Subject thereto that another act
may stipulate a specific age. If the other Act refers to a "minor" and a
"major", the change from 21 to 18 will be automatically applicable, but if that
other act refers to a specific age, such as the Firearms Control Act, the
specific age will prevail
4. consent to the alienation or encumbrance of any immovable property.
Access to contraceptives
* With or without parental guidance and for many other reasons, children get
involved in sexual activities at a very early age.
* Recognising that families and communities are responsible for the protection
and guidance of children, and given the high incidents of teenage pregnancies
and sexually transmitted infections among young people, the Act seeks to
protect children against unplanned pregnancies and sexually transmitted
infections.
* The Act provides that children over the age of 12 years may be given
contraceptives provided that they receive proper medical advice or medical
examination.
Parental rights and responsibilities
* The parental responsibilities and rights that a person may have in respect
of a child include the responsibility and the right to care for the child; to
maintain contact with the child; to act as guardian of the child; and to
contribute to the maintenance of the child.
* It is not always possible for a child to be with both parents; hence the Act
recognises that parents need to fulfil their rights and responsibilities even
though their children are in the care of others.
Protection of children's rights
* The Constitution establishes a society based on democratic values, social
justice and fundamental human rights and seeks to improve the quality of life
of all citizens and to free the potential of each person.
* Section 28 of the Constitution sets out rights that every child should enjoy.
The children's Act gives effect to certain rights of children as contained in
the Constitution. The State must respect, protect, promote and fulfil those
rights.
* The Children's Act recognises that protection of children's rights leads to a
corresponding improvement in the lives of other sections of the community
because it is neither desirable nor possible to protect children's rights in
isolation from their families and communities.
Enquiries:
Lakela Kaunda
Cell: 082 782 2575
Issued by: Department of Social Development
20 August 2007
