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 Justice and Constitutional Development ➔ interdicting a person from having access to or limiting access by a person to a child. The nature and consequences of these orders are dealt with in detail in Chapter 3, which examines the responsibility of the DoSD in making the facilities and resources available to accommodate children in the alternative care ordered and to provide the care and protections services contemplated by the relevant court order. Protection services for children who are victims of domestic violence Protection orders for victims of domestic violence In terms of the Domestic Violence Act 116/1998, a victim of domestic violence (including a child) may approach the nearest magistrate’s court and apply for either an interim or a final protection order. A protection order is an order issued by the court ordering the person with whom the complainant has a domestic relationship, who is accused of abusing the complainant, to stop the abuse. v Targeted beneficiaries The Domestic Violence Act recognises the vulnerability of children to domestic violence. vi It extends the protective ambit of the Act by including them in the definition of protected ‘complainants’. A complainant is defined as (s1(iii)), ‘Any person who is or has been in a domestic relationship with a respondent and who is or has been subjected or allegedly subject to an act of domestic violence, including any child in the care of the complainant.’ All magistrate’s courts ➔ 229

Government-funded programmes and services for vulnerable children in SA ➔ An interim order is a temporary restraining order which provides a date on which the complainant and the alleged abuser must return to court for the magistrate to decide if the final protection order should be granted. Domestic violence includes (s1(xiii)): psychological abuse; complainant’s property without permission; controlling or abusive behaviour. Protection services for children who are victims of sexual offences Compulsory testing of alleged sexual offender’s HIV status and disclosure of the results Section 30 of the new Sexual Offences Act entitles either the victim of a sexual offence or a person acting on behalf of a victim, to apply to a magistrate within 90 days of the offence for an order that the alleged offender undergo an HIV test and that the results of the test be disclosed to the victim. Targeted beneficiaries Victims of sexual offences Magistrate’s courts Protective measures for victims of sexual offences when they appear in court The Criminal Procedure Act and the new Sexual Offences Act create special procedures for the manner in which victims of sexual assault and child victims are able to give evidence in court so as to minimise their levels of anxiety and fear. Targeted beneficiaries Child victims of sexual offences The trial court Specialised sexual offences courts have been established at some regional courts. By March 2007, there were 59 sexual offences courts (Waterhouse 2008: 25). ➔ 230

<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 />

➔<br />

An interim order is a<br />

temporary restraining<br />

order which provides<br />

a date on which the<br />

complainant <strong>and</strong> the<br />

alleged abuser must<br />

return to court <strong>for</strong> the<br />

magistrate to decide<br />

if the final protection<br />

order should be<br />

granted.<br />

Domestic violence<br />

includes (s1(xiii)):<br />

<br />

<br />

<br />

psychological abuse;<br />

<br />

<br />

<br />

<br />

<br />

<br />

complainant’s<br />

property without<br />

permission;<br />

<br />

controlling or abusive<br />

behaviour.<br />

Protection <strong>services</strong> <strong>for</strong> children who are victims of sexual offences<br />

Compulsory<br />

testing of<br />

alleged<br />

sexual<br />

offender’s<br />

HIV<br />

status <strong>and</strong><br />

disclosure of<br />

the results<br />

Section 30 of the new<br />

Sexual Offences Act<br />

entitles either the<br />

victim of a sexual<br />

offence or a person<br />

acting on behalf of a<br />

victim, to apply to a<br />

magistrate within 90<br />

days of the offence<br />

<strong>for</strong> an order that<br />

the alleged offender<br />

undergo an HIV test<br />

<strong>and</strong> that the results of<br />

the test be disclosed to<br />

the victim.<br />

Targeted beneficiaries<br />

Victims of sexual<br />

offences<br />

Magistrate’s courts<br />

Protective<br />

measures<br />

<strong>for</strong> victims<br />

of sexual<br />

offences<br />

when they<br />

appear in<br />

court<br />

The Criminal<br />

Procedure Act <strong>and</strong> the<br />

new Sexual Offences<br />

Act create special<br />

procedures <strong>for</strong> the<br />

manner in which<br />

victims of sexual<br />

assault <strong>and</strong> child<br />

victims are able to give<br />

evidence in court so as<br />

to minimise their levels<br />

of anxiety <strong>and</strong> fear.<br />

Targeted beneficiaries<br />

Child victims of sexual<br />

offences<br />

The trial court<br />

Specialised sexual<br />

offences courts have<br />

been established<br />

at some regional<br />

courts. By March<br />

2007, there were 59<br />

sexual offences courts<br />

(Waterhouse 2008: 25).<br />

➔<br />

230

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