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

Department of Police, SAPS and the NPA ➔ labour, employing a child for the purposes of commercial sexual exploitation, using a child for trafficking, or using a child for the commission of an offence listed in Schedule 1 or 2 of the Criminal Procedure Act 51/1977, to report the matter to a police official. Section 4 of the Prevention of Family Violence Act 133/1993 requires any person who examines, treats, attends to, advises, instructs or cares for any child who suspects that the child has been abused, to report this to, inter alia, a police official. Section 54(1) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32/2007 imposes a mandatory duty on any person who has knowledge of a sex offence against a child to report it to the police. Failure to do so is a criminal offence. The Children’s Act requires the police official to whom a report is made in terms of the Act (or any of the other Acts, by implication), or who Children that are exploited The Children’s Act defines exploitation as ‘(a) all forms of slavery or practices similar to slavery, including debt bondage or forced marriage; (b) sexual exploitation; (c) servitude; (d) forced labour or services; (e) child labour prohibited by the Act; (f) the removal of body parts’ (s1). Children in need of care and protection Section 150(1) of the Children’s Act defines a child in need of care and protection as a child that (1) has been abandoned, (2) displays behaviour which cannot be controlled by the parent or caregiver, (3) lives or works on the streets or begs for a living, (4) is addicted to drugs or alcohol and is without support to obtain treatment, (5) is exploited or exposed to exploitation, (6) may be at risk if returned to the custody of its parents or caregivers because that return will expose him or her to risk of serious harm, (7) is physically or mentally neglected, (8) is being maltreated abused, neglected or ➔ 211

Government-funded programmes and services for vulnerable children in SA ➔ becomes aware of a child in need of care and protection, to: and well-being of the child if the child’s safety or well-being is at risk. The police official may, in terms of the Children’s Act (s151, 152), remove the child from his or her place of residence and place the child in temporary safe care, with or without a court order, if the police official believes, on reasonable grounds, that the child is in need of care and protection and needs immediate emergency protection; report the matter of abuse, neglect or other circumstances relating to the child in need of care and protection to the provincial DoSD or a designated child protection organisation, as well as any steps that have been taken with regard to the child. v degraded by a parent or caregiver. Section 150(2) further provides that the following children may be in need of care and protection: a child that is a victim of child labour, and a child in a child-headed household. Children that are victims of sexual abuse and other sexual offences Section 1 of the Children’s Act defines sexual abuse in relation to a child as (a) sexually molesting or assaulting a child or allowing a child to be sexually molested or assaulted, (b) encouraging, inducing or forcing a child to be used for the sexual gratification of another person, (c) using a child in or deliberately exposing a child to sexual activities or pornography, (d) procuring or allowing a child to be procured for commercial sexual exploitation or in any way participating or assisting in the commercial sexual exploitation of a child. The Films and Publications Act 65/1996 makes the ➔ 212

Department of Police, SAPS <strong>and</strong> the NPA<br />

➔<br />

labour, employing a<br />

child <strong>for</strong> the purposes<br />

of commercial sexual<br />

exploitation, using a<br />

child <strong>for</strong> trafficking,<br />

or using a child <strong>for</strong><br />

the commission of<br />

an offence listed in<br />

Schedule 1 or 2 of the<br />

Criminal Procedure<br />

Act 51/1977, to report<br />

the matter to a police<br />

official.<br />

Section 4 of the<br />

Prevention of Family<br />

Violence Act 133/1993<br />

requires any person<br />

who examines, treats,<br />

attends to, advises,<br />

instructs or cares <strong>for</strong><br />

any child who suspects<br />

that the child has been<br />

abused, to report this<br />

to, inter alia, a police<br />

official.<br />

Section 54(1) of the<br />

Criminal Law (Sexual<br />

Offences <strong>and</strong> Related<br />

Matters) Amendment<br />

Act 32/2007 imposes<br />

a m<strong>and</strong>atory duty on<br />

any person who has<br />

knowledge of a sex<br />

offence against a child<br />

to report it to the<br />

police. Failure to do so<br />

is a criminal offence.<br />

The Children’s Act<br />

requires the police<br />

official to whom a<br />

report is made in terms<br />

of the Act (or any<br />

of the other Acts, by<br />

implication), or who<br />

Children that are<br />

exploited<br />

The Children’s Act<br />

defines exploitation as<br />

‘(a) all <strong>for</strong>ms of slavery<br />

or practices similar<br />

to slavery, including<br />

debt bondage or<br />

<strong>for</strong>ced marriage; (b)<br />

sexual exploitation; (c)<br />

servitude; (d) <strong>for</strong>ced<br />

labour or <strong>services</strong>; (e)<br />

child labour prohibited<br />

by the Act; (f) the<br />

removal of body parts’<br />

(s1).<br />

Children in need of<br />

care <strong>and</strong> protection<br />

Section 150(1) of the<br />

Children’s Act defines<br />

a child in need of care<br />

<strong>and</strong> protection as a<br />

child that (1) has been<br />

ab<strong>and</strong>oned, (2) displays<br />

behaviour which<br />

cannot be controlled by<br />

the parent or caregiver,<br />

(3) lives or works on<br />

the streets or begs <strong>for</strong><br />

a living, (4) is addicted<br />

to drugs or alcohol <strong>and</strong><br />

is without support to<br />

obtain treatment, (5) is<br />

exploited or exposed to<br />

exploitation, (6) may be<br />

at risk if returned to the<br />

custody of its parents<br />

or caregivers because<br />

that return will expose<br />

him or her to risk of<br />

serious harm, (7) is<br />

physically or mentally<br />

neglected, (8) is being<br />

maltreated abused,<br />

neglected or<br />

➔<br />

211

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!