Government-funded programmes and services for vulnerable - Unicef
Government-funded programmes and services for vulnerable - Unicef
Government-funded programmes and services for vulnerable - Unicef
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CHAPTER 12<br />
Department of Justice <strong>and</strong><br />
Constitutional Development<br />
Introduction<br />
The rights of <strong>vulnerable</strong> children <strong>and</strong> their families that the Department of Justice <strong>and</strong><br />
Constitutional Development (DoJCD) is primarily responsible <strong>for</strong> include the rights:<br />
● to family care, parental care or appropriate alternative care; 111<br />
● to be protected from maltreatment, neglect, abuse or degradation <strong>and</strong> exploitative<br />
labour practices; 112<br />
● not to be detained, except as a measure of last resort, in which case, only <strong>for</strong> the<br />
shortest appropriate period of time, <strong>and</strong> separately from persons older than 18, <strong>and</strong><br />
in a manner that takes into account the age of the child. 113<br />
The Department has identified the need, within its current expenditure framework, to<br />
prioritise the realisation of these <strong>and</strong> other rights, especially in <strong>vulnerable</strong> communities.<br />
The Department aims to build courts <strong>and</strong> provide all required justice <strong>services</strong> to<br />
disenfranchised communities, especially <strong>for</strong> people living in townships <strong>and</strong> rural areas<br />
(DoJCD 2009).<br />
Key policies<br />
● Policy Framework on Orphans <strong>and</strong> other Children Made Vulnerable by HIV <strong>and</strong><br />
AIDS South Africa, 2005<br />
● HIV & AIDS <strong>and</strong> STI National Strategic Plan, 2007–2011<br />
● National Action Plan <strong>for</strong> Orphans <strong>and</strong> Other Children Made Vulnerable by HIV <strong>and</strong><br />
AIDS South Africa, 2009–2012<br />
● Medium Term Strategic Framework 2009/10, Department of Justice <strong>and</strong> Constitutional<br />
Development<br />
● The National Policy Framework <strong>for</strong> Child Justice, May 2010, Department of Justice<br />
<strong>and</strong> Constitutional Development<br />
Key legislation<br />
● Constitution of the Republic of South Africa, Act No. 108 of 1996<br />
● Criminal Procedure Act, No. 51 of 1977<br />
● Child Care Act, No. 74 of 1983<br />
● Domestic Violence Act, No. 116 of 1998<br />
● The 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 />
● Child Justice Act, No. 75 of 2008<br />
111 Section 28(1)(b), South African Constitution; ACRWC, Article 19; UNCRC, Articles 18, 20<br />
112 Section 28(1)(c)(d), South African Constitution; ACRWC, Article 16; UNCRC, Articles 19, 27, 32, 34<br />
113 Section 28(1)(g), South African Constitution; ACRWC, Article 17; UNCRC, Article 37<br />
225