Government-funded programmes and services for vulnerable - Unicef

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CHAPTER 3 Department of Social Development Introduction The Department of Social Development (DoSD) is mandated to facilitate human development and improve the quality of life through the provision of comprehensive, integrated, sustainable and high-quality social development services to help reduce vulnerability and poverty. The Department’s mandate is realised through its three core functions (DoSD 2010a): to provide comprehensive social security systems; to provide developmental social welfare services; and to provide community development services. Key responsibilities related to vulnerable children and their families The DoSD is responsible for realising and protecting the following constitutional, regional and international rights of children and their families: ● family care, parental care or appropriate alternative care; 19 ● basic social services; 20 ● protection from maltreatment, neglect, abuse or degradation; 21 ● access to social security, including appropriate social assistance. 22 Key policies ● White Paper on Social Welfare, 1997 ● The National Integrated Plan for Children and Youth Infected and Affected by HIV/ AIDS, 2000 ● Integrated Food Security Strategy, 2002 ● National Guidelines for Social Services to Children Infected and Affected by HIV/ AIDS, 2002 ● Policy Framework on Orphans and Other Children Made Vulnerable by HIV and AIDS South Africa, 2005 ● The Service Delivery Model, 2006 ● National Integrated Plan for Early Childhood Development in South Africa, 2005– 2010 ● HIV & AIDS and STI National Strategic Plan, 2007–2011 ● Strategic Plan 2010–2015, Department of Social Development ● The National Action Plan for Orphans and Other Children Made Vulnerable by HIV and AIDS South Africa, 2009–2012 ● Policy on Financial Awards to Service Providers ● Expanded Public Works Programme Social Sector Plan, 2004/05–2008/09 19 South African Constitution, s28(1)(b); ACRWC, Articles 18, 19; UNCRC, Article 9 20 South African Constitution, s28(1)(c); ACRWC, Article 20(2); UNCRC, Article 18(2) 21 South African Constitution, s28(1)(d)(e)(f); ACRWC, Articles 15, 16, 21; UNCRC, Articles 19, 34, 37, 39 22 South African Constitution, s27(1)(c); ACRWC, Article 20(2); UNCRC, Article 26(1) 19
Government-funded programmes and services for vulnerable children in SA Key legislation ● Social Services Professions Act, No. 110 of 1978 ● Social Assistance Act, No. 59 of 1992 ● Welfare Law Amendment Act, No. 106 of 1997 ● Social Assistance Act, No. 13 of 2004 ● Children’s Act, No. 38 of 2005 as amended by Act No. 41 of 2007 and the Child Justice Act, No. 75 of 2008 (‘the Children’s Act’) ● Social Assistance Amendment Act, No. 6 of 2008 ● South African Social Security Agency Act, No. 9 of 2004 ● Prevention of and Treatment for Substance Abuse Act, No. 70 of 2008 Programmes and services provided The programmes and services provided by the DoSD to realise and protect the rights of children and their families fall into three categories: 23 comprehensive social security, developmental social welfare services, and community development services. Comprehensive social security The right to social security is protected internationally, regionally and nationally. The UNCRC specifically obliges ‘State Parties [to] recognize for every child the right to benefit from social security, including social insurance, and [to] take the necessary measures to achieve the full realization of this right’ (Article 26(1)). The ACRWC in turn obliges State Parties to ‘assist parents and other persons responsible for the child and in case of need provide material assistance and support programmes’ (Article 20(2)). At a national level, the South African Constitution guarantees that ‘everyone has the right to have access to social security, including, if they are unable to support themselves and their dependents, appropriate social assistance’ (section 27(1)(c)). Social security includes both social assistance (non-contributory schemes) and social insurance (contributory schemes). 24 Social security is aimed at: ● supporting adults whose earning power has permanently ceased, been interrupted, never developed, or is being exercised only at unacceptable social cost and such a person is in consequence not able to avoid poverty; ● supporting children in need of maintenance. 25 The obligation to provide social security for children in need of maintenance applies, in the first instance, to children who are removed from their family setting. However, it is not limited to this scenario. There is also an obligation on government to provide social security to children whose parents are unable to provide their children’s rights. 26 23 The author has organised the programmes and services offered in the programmatic order provided by the Department’s 2010–2015 Strategic Plan (DoSD 2010). 24 Social security is defined in the White Paper for Social Welfare in South Africa (1997) as ‘a wide range of public and private measures that provide cash or in-kind benefits, or both, first in the event of an individual’s earning power permanently ceasing, being interrupted, never developing, or being exercised only at unacceptable social cost and such person being unable to avoid poverty. And secondly, to maintain children…It includes both social assistance and social insurance (contributory schemes)’. 25 White Paper for Social Welfare in South Africa, 1997 26 In both the Grootboom (Government of the Republic of South Africa and others v Grootboom and Others 2001 (1), SA 46 (CC) 2000 (11) BCLR 1169 (CC)) and the TAC (Minister of Health & Others v Treatment Action Campaign and Others 2002 (5) SA 721 (CC) 2002 (10) BCLR 1033 (CC)) cases, the courts decided that parents carry the primary responsibility for providing children’s socio-economic rights. Where children are removed from the family setting, then the state is the primary duty bearer and must provide the child’s socio-economic rights provided for in sections 27 and 28 of the Constitution. This does not mean that the state has no obligation to a child living with his or her family. While parents are the main providers, if the parents are unable to provide their children’s rights, the state must ensure that the rights are protected. 20
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Government-funded programmes and services for vulnerable - Unicef

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