Government-funded programmes and services for vulnerable - Unicef

Government-funded programmes and services for vulnerable - Unicef Government-funded programmes and services for vulnerable - Unicef

22.10.2014 Views

CHAPTER 11 Department of Police, South African Police Services and the National Prosecuting Authority Introduction The SAPS, the Department of Police (DoP) and the NPA are responsible for the protection of the following rights of vulnerable children and their families: ● the right to be protected from maltreatment, neglect, abuse or degradation and exploitative labour practices; 103 ● the right not to be detained, except as a measure of last resort in which case, only for the shortest appropriate period of time, and separately from persons older than 18, and in a manner that takes into account the age of the child. 104 Section 28 of the Constitution, in line with the ACRWC and the UNCRC, guarantees all children the right to protection from maltreatment, neglect, abuse or degradation. The realisation of this right depends on a range of government departments working together to prevent, investigate, prosecute and minimise the harmful impact on children of acts of maltreatment, neglect, abuse or degradation. Child abuse, neglect and maltreatment are criminal acts in terms of both common law and the legislative framework. Two of the agencies responsible for the prosecution of cases of child neglect and abuse are the SAPS and the NPA. The mandate for both is not just to investigate, combat and prosecute crimes against children, but to do so through the provision of the relevant services in a manner that is ‘sensitive [and] endearing to the child victim’ 105 and that reduces secondary victimisation ‘within the criminal justice system… and…[by] adopting a victim-centred approach’. 106 The obligations on these two agencies to provide child-sensitive and victim-centred services translate into the duty to: ● provide comprehensive, inter-sectoral and integrated support services to victims of crime to ensure a victim-friendly criminal justice system and to make sure that the negative impacts on victims is reduced (DoSD 2009b); ● provide complainants the maximum and least traumatising protection the law can provide; ● provide protection for complainants from secondary victimisation and trauma by establishing cooperation between departments; ● provide proper recognition of the needs of victims of sexual offences through timeous, effective and non-discriminatory investigation and prosecution. 107 103 Section 28(1)(c)(d), South African Constitution; ACRWC, Article 16; UNCRC, Articles 19, 27, 32, 324 104 Section 28(1)(g), South African Constitution; ACRWC, Article 17; UNCRC, Article 37 105 SAPS website: http://www.saps.gov.za/org_profiles/core_function_components/fcs/establish.htm 106 NPA website: http://www.npa.gov.za/ReadContent412.aspx 107 Section 2, Criminal Law (Sexual Offences and Related Matters) Amendment Act, No. 32 of 2007 205

Government-funded programmes and services for vulnerable children in SA In addition to dealing with crimes against children, these two agencies are responsible for investigating and prosecuting crimes committed by children. Their responsibility is not just to police these crimes, but to do so in a manner that protects the constitutional rights of children in conflict with the law. Key policies ● Service Charter for Victims of Crime in South Africa, 2004 ● Minimum Standards on Services for Victims of Crime, 2004 ● Policy Framework on Orphans and other Children Made Vulnerable by HIV and AIDS South Africa, 2005 ● Integrated Victim Empowerment Policy, 2007, Department of Social Development (4th draft) ● National Policy Guidelines for Victims of Sexual Offences, 2008, Department of Justice ● National Policy Guidelines for Victim Empowerment, 2009 (operational date), Department of Social Development Key legislation ● Sexual Offences Act, No. 23 of 1957 as amended ● Criminal Procedure Act, No. 51 of 1977 ● Prevention of Family Violence Act, No. 133 of 1993 ● Constitution of the Republic of South Africa, Act No. 108 of 1996 ● Films and Publications Act, No. 65 of 1996 ● Domestic Violence Act, No. 116 of 1998 ● National Prosecuting Authority Act, No. 32 of 1998 ● Children’s Act, No. 38 of 2005 as amended by Act No. 41 of 2007 and Act No. 75 of 2008 ● Criminal Law (Sexual Offences and Related Matters) Amendment Act, No. 32 of 2007 (‘the new sexual offences Act’) ● SAPS National Instructions, 3/2008 ● Child Justice Act, No. 75 of 2008 Programmes and services provided ● ● ● ● Protection, support and investigative services for victims of domestic violence Protection, support, investigative and prosecution services for children that are abused, sexually and otherwise Thuthuzela Centres Protective interventions for children in conflict with the law 206

<strong>Government</strong>-<strong>funded</strong> <strong>programmes</strong> <strong>and</strong> <strong>services</strong> <strong>for</strong> <strong>vulnerable</strong> children in SA<br />

In addition to dealing with crimes against children, these two agencies are responsible <strong>for</strong><br />

investigating <strong>and</strong> prosecuting crimes committed by children. Their responsibility is not just<br />

to police these crimes, but to do so in a manner that protects the constitutional rights of<br />

children in conflict with the law.<br />

Key policies<br />

● Service Charter <strong>for</strong> Victims of Crime in South Africa, 2004<br />

● Minimum St<strong>and</strong>ards on Services <strong>for</strong> Victims of Crime, 2004<br />

● Policy Framework on Orphans <strong>and</strong> other Children Made Vulnerable by HIV <strong>and</strong><br />

AIDS South Africa, 2005<br />

● Integrated Victim Empowerment Policy, 2007, Department of Social Development<br />

(4th draft)<br />

● National Policy Guidelines <strong>for</strong> Victims of Sexual Offences, 2008, Department of<br />

Justice<br />

● National Policy Guidelines <strong>for</strong> Victim Empowerment, 2009 (operational date),<br />

Department of Social Development<br />

Key legislation<br />

● Sexual Offences Act, No. 23 of 1957 as amended<br />

● Criminal Procedure Act, No. 51 of 1977<br />

● Prevention of Family Violence Act, No. 133 of 1993<br />

● Constitution of the Republic of South Africa, Act No. 108 of 1996<br />

● Films <strong>and</strong> Publications Act, No. 65 of 1996<br />

● Domestic Violence Act, No. 116 of 1998<br />

● National Prosecuting Authority Act, No. 32 of 1998<br />

● Children’s Act, No. 38 of 2005 as amended by Act No. 41 of 2007 <strong>and</strong> Act No. 75<br />

of 2008<br />

● Criminal Law (Sexual Offences <strong>and</strong> Related Matters) Amendment Act, No. 32 of 2007<br />

(‘the new sexual offences Act’)<br />

● SAPS National Instructions, 3/2008<br />

● Child Justice Act, No. 75 of 2008<br />

Programmes <strong>and</strong> <strong>services</strong> provided<br />

●<br />

●<br />

●<br />

●<br />

Protection, support <strong>and</strong> investigative <strong>services</strong> <strong>for</strong> victims of domestic violence<br />

Protection, support, investigative <strong>and</strong> prosecution <strong>services</strong> <strong>for</strong> children that are<br />

abused, sexually <strong>and</strong> otherwise<br />

Thuthuzela Centres<br />

Protective interventions <strong>for</strong> children in conflict with the law<br />

206

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