Government-funded programmes and services for vulnerable - Unicef

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CHAPTER 12 Department of Justice and Constitutional Development Introduction The rights of vulnerable children and their families that the Department of Justice and Constitutional Development (DoJCD) is primarily responsible for include the rights: ● to family care, parental care or appropriate alternative care; 111 ● to be protected from maltreatment, neglect, abuse or degradation and exploitative labour practices; 112 ● 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. 113 The Department has identified the need, within its current expenditure framework, to prioritise the realisation of these and other rights, especially in vulnerable communities. The Department aims to build courts and provide all required justice services to disenfranchised communities, especially for people living in townships and rural areas (DoJCD 2009). Key policies ● Policy Framework on Orphans and other Children Made Vulnerable by HIV and AIDS South Africa, 2005 ● HIV & AIDS and STI National Strategic Plan, 2007–2011 ● National Action Plan for Orphans and Other Children Made Vulnerable by HIV and AIDS South Africa, 2009–2012 ● Medium Term Strategic Framework 2009/10, Department of Justice and Constitutional Development ● The National Policy Framework for Child Justice, May 2010, Department of Justice and Constitutional Development Key legislation ● Constitution of the Republic of South Africa, Act No. 108 of 1996 ● Criminal Procedure Act, No. 51 of 1977 ● Child Care Act, No. 74 of 1983 ● Domestic Violence Act, No. 116 of 1998 ● The 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’) ● Child Justice Act, No. 75 of 2008 111 Section 28(1)(b), South African Constitution; ACRWC, Article 19; UNCRC, Articles 18, 20 112 Section 28(1)(c)(d), South African Constitution; ACRWC, Article 16; UNCRC, Articles 19, 27, 32, 34 113 Section 28(1)(g), South African Constitution; ACRWC, Article 17; UNCRC, Article 37 225
Government-funded programmes and services for vulnerable children in SA Programmes and services provided ● ● ● ● Protection services for children in need of care and protection Protection services for children who are victims of domestic violence Protection services for children who are victims of sexual offences Services for children in conflict with the law Table 12.1 Programme/service map: Department of Justice and Constitutional Development Protection services for children in need of care and protection Programme/ services Description of the programme/actual service provided Targeted beneficiaries/ qualifying criteria/how to obtain the service Delivery mechanism/ service providers Children’s courts’ adjudication of matters pertaining to protection services for vulnerable children The Children’s Court plays a central role in the delivery of child protection programmes and services regulated by the Children’s Act. Working together with the designated social worker and guided by, inter alia, the social worker’s report(s), the Court may consider and make a ruling in matters involving: i well-being of a child; contact with a child; ECD services or prevention or early intervention services; neglect, degradation or exploitation of a child; of a child; child; Targeted beneficiaries Children in need of care and protection because they: abandoned or orphaned and are without visible means of support; that cannot be controlled by the parent/caregiver; streets or beg for a living; a dependenceproducing substance and are without support to obtain treatment; circumstances that may seriously harm their physical, mental or social well-being; mentally neglected; abused, neglected or degraded by a parent or caregiver; Children’s courts Every magistrate’s court will be a children’s court and will have jurisdiction on any matter governed by the Children’s Act, 2005, and the Children’s Amendment Act, 2007. ii Every magistrate will be a presiding officer of a children’s court. iii ➔ 226
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Government-funded programmes and services for vulnerable - Unicef

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