![]() Married men did not lose the benefits of insurance policies ceded to them or made out in their favour by their wives. The Constitutional Court held that section 44 discriminated against married women on the basis of sex and marital status, and was thus a violation of the equality clause. Section 44 of the Insurance Act of 1943 deprived married women, but not married men, of all or some of the benefits of life insurance policies made in their favour by their husbands. (See also the sections on the rights of children and gays and lesbians for some related decisions.) The Constitutional Court has handed down a number of judgments that have affirmed women's rights. It aims to provide a holistic approach to the rights of all children. The Children's Bill, which went before Parliament in 2003, is meant to replace the Child Care Act of 1983. The interests of the children are seen as most important in deciding on custody or access to children. It gives natural unmarried fathers - including those whose marriages are not recognised by the state, for example Muslim and Hindu marriages - the statutory right to go to court to ask for access, custody or guardianship of their children. One example of new legislation passed in response to a Constitutional Court ruling - in this case, the Fraser judgment - is the Natural Fathers of Children Born out of Wedlock Act of 1997. the Films and Publications Act of 1996, which protects children from exploitation in child pornography.the Domestic Violence Act of 1998, which defines different forms of domestic violence and explains how a child can get a protection order against the abuser and.the Basic Conditions of Employment Act of 1997, which makes it illegal to employ a child under 15.the Child Care Act of 1983, which makes it a criminal offence if a person who has to maintain a child doesn't provide the child with clothes, housing and medical care.Legislation that provides specific protection for children includes: The Bill of Rights is not the only instrument the law uses to guard children's rights. The second sub-section, a very important clause, says a child's interests are the most important consideration in any matter concerning the child. They should not take part in wars and should be protected during conflict. No child should work when under-age, or do work that would interfere with his or her education or development.Ĭhildren should be jailed only as a last resort and should not have to share a cell with adults. Children need food and shelter, and should be protected from abuse, neglect and degradation. ![]() This section gives children the right to a name, citizenship and some form of care. In this section 'child' means a person under the age of 18 years.A child's best interests are of paramount importance in every matter concerning the child.Not be used directly in armed conflict, and to be protected in times of armed conflict. Have a legal practitioner assigned to the child by the state, and at state expense, in civil proceedings affecting the child, if substantial injustice would otherwise result and Is treated in a manner, and kept in conditions, that take account of the child's age ![]() Kept separately from detained persons over the age of 18 years and Not be detained except as a measure of last resort, in which case, in addition to the rights a child enjoys under sections 12 and 35, the child may be detained only for the shortest appropriate period of time, and has the right to be. Place at risk the child's well-being, education, physical or mental health or spiritual, moral or social development Not be required or permitted to perform work or provide services that -Īre inappropriate for a person of that child's age or Section 28 of the Bill of Rights, entitled "Children", says:įamily care or parental care, or to appropriate alternative care when removed from the family environment īasic nutrition, shelter, basic health care services and social services īe protected from maltreatment, neglect, abuse or degradation īe protected from exploitative labour practices
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