Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996)Chapter 2 : Bill of Rights28. Children |
| (1) | Every child has the right— |
| (a) | to a name and a nationality from birth; |
| (b) | to family care or parental care, or to appropriate alternative care when removed from the family environment; |
| (c) | to basic nutrition, shelter, basic health care services and social services; |
| (d) | to be protected from maltreatment, neglect, abuse or degradation; |
| (e) | to be protected from exploitative labour practices; |
| (f) | not to be required or permitted to perform work or provide services that— |
| (i) | are inappropriate for a person of that child's age; or |
| (ii) | place at risk the child's well-being, education, physical or mental health or spiritual, moral or social development; |
| (g) | not to 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— |
| (i) | kept separately from detained persons over the age of 18 years; and |
| (ii) | treated in a manner, and kept in conditions, that take account of the child's age; |
| (h) | to 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 |
| (i) | not to be used directly in armed conflict, and to be protected in times of armed conflict. |
| (2) | A child's best interests are of paramount importance in every matter concerning the child. |
| (3) | In this section "child" means a person under the age of 18 years. |