Study Unit 2 - Constitutional Framework Flashcards
(15 cards)
What does the SA Constitution say about children’s rights ?
- The SA Constitution applies to children and includes specific protections under Section 28.
- It ensures children’s access to justice and aims to improve their rights.
Do all constitutional rights apply to children ?
Almost all rights apply, except those specifically mentioning “adults,” such as voting rights in Section 19(3).
What is the concept of evolving capacity in child rights ?
It recognizes that children’s ability to make decisions grows with age and maturity, affecting how their rights are applied.
How has the right to equality been applied to children ?
In Bhe, the court ruled that customary laws barring girls and children born out of wedlock from inheriting were unconstitutional.
What case addressed children’s rights to dignity and privacy ?
Teddy Bear Clinic case.
What case recognized children’s right to protest ?
Mlungwana case.
What fundamental rights are provided under Section 28 of the SA Constitution ?
- Name and nationality from birth.
- Family or alternative care.
- Basic nutrition, shelter, healthcare, and social services.
- Protection from abuse, neglect, and exploitative labor.
- Protection from inappropriate work.
What does Section 28(2) say about children’s best interests ?
A child’s best interests are paramount in every matter concerning the child
Are socio-economic rights (SER) immediately realizable for children ?
Generally, SER are progressively realizable, but some, like the right to basic nutrition, are immediately realizable.
How did the Grootboom case affect children’s right to housing ?
- The court ruled that children living with their families could not use Section 28(1)(c) to prioritize housing.
- However, if a child is living separately, the right to shelter is immediate.
What case affirmed children’s right to basic nutrition ?
Equal Education case.
How does Section 34 help children access justice ?
It grants everyone the right to have disputes resolved in a fair public hearing before a court or independent tribunal.
Who can bring cases to court on behalf of children ?
- Anyone acting in their own interest.
- Anyone acting on behalf of another.
- Anyone representing a group.
- Anyone acting in the public interest.
- An association acting for its members.
Do children have special rights under the SA Constitution ?
Yes, Section 28 provides special protections, but children also enjoy civil and political rights.
What challenges remain in enforcing children’s rights ?
Despite legal protections, there is still a gap between constitutional promises and the lived realities of children, especially regarding socio-economic rights.
