The Constitution

In its Bill of Rights, the South African Constitution of 1996 contains special provisions on children’s rights, including particular protection against child labour.

Children are defined as persons under the age of 18 years.

Section 28 of the Constitution affirms that the child’s best interests are paramount in all matters concerning the child. The Constitutional Court has interpreted this provision as more than a mere principle; it has ruled that this is a firm right.

It further states that:

“Every child has the right:

• To be protected from maltreatment, neglect, abuse or degradation.
• To be protected from exploitative labour practices.
• Not to be required or permitted to perform work or provide services that:
• • Are inappropriate for a person of that child’s age.
  • Place at risk the child’s well-being, education, physical or mental health, or spiritual, moral or social development.”

Section 28 also contains special provisions for children who are detained.

There are other provisions in the Bill of Rights that are less directly related to child labour. For example, the child’s right to basic nutrition, shelter, basic health care and social services.

Unlike other socio-economic rights contained in the Constitution, those relating to children are not subject to the availability of state resources and are not to be realised progressively as resources permit. They are regarded as a priority that should be immediately met.

The Bill of Rights also includes broad provisions on the right to basic education and a prohibition on slavery, servitude and forced labour.


Full text

http://www.info.gov.za/documents/constitution/1996/96cons2.htm