South Africa: Constitutional Assembly Resources

23 January 1995



Herewith a submission to the Constitutional Assembly Theme Committee 4 - Fundamental Rights.

The submission focus on the entrenchment in the Constitution of certain rights for young children particularly the right to early childhood development services.

We are available to make oral representation before your committee If the need arises.

Thanking you

Yours sincerely

ERIC ATMORE
Director

TAKING CHILDREN SERIOUSLY:

WRITING EARLY CHILDHOOD DEVELOPMENT
SERVICES TO CHILDREN INTO THE CONSTITUTION OF
THE REPUBLIC OF SOUTH AFRICA.

A SUBMISSION TO THE
CONSTITUTIONAL ASSEMBLY OF SOUTH AFRICA

THEME COMMITTEE 4 - FUNDAMENTAL RIGHTS

23 January 1995



TAKING CHILDREN SERIOUSLY: WRITING EARLY CHILDHOOD DEVELOPMENT SERVICES INTO THE CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA



INTRODUCTION

Children are extraordinarily disadvantaged in South Africa as a direct result of past policies. The needs of the most vulnerable sector of the population, young children, must be put first in the new Constitution.

The first six years of life are of vital importance in the development of the young child. During these years the foundation is laid for the child's development. It is the period during which the most intense physical and intellectual development takes place. During these years development is more rapid than during any other period of life; and deprivations have lasting effects on the child. Recognition by the State of the importance of these early years and the benefits of access to Early Childhood Development (ECD) programmes, is vital to an emerging democracy.

Early childhood development services provides opportunities for children to develop fully and is aimed at giving the young child the best possible preparation for the future. The perception was realised over a century ago when Lord Henry Brougham, in a widely circulated manifesto of 1823 wrote that the truth is that the child can and does leam a great deal more before six years than all he ever learns or can learn in all his after life. His attention is more easily aroused, his memory is retentive, bad habits are not yet formed, nor is his judgement warped by unfair bias".

In just a few short years, a child goes from being a helpless infant to being an active, independent, competent six-year old. In no other six years of life must human being learn so much so fast or will so much of the future depend on what has been learned in the past. Anything attempted after the age of six is unlikely to make up for early deprivation.

The provision of education and care during the early years has been taken up in the human rights debate. A popular poster outlining the 1959 Declaration of Children's Rights reads: "All children have the right to a name, enough to eat, and a decent place to live. All children should be looked after when they are sick, and have the right to grow up with love, affection and security ... All children have a right to free education and should be protected from neglect, cruelty and exploitation". During the International Year of the Child (1 979) a call went out for children to enjoy "affection, love and understanding, adequate nutrition and medical care, free education and full opportunity for play and recreation".

More recently the Convention of the Rights of the Child (1 989) in Article 28 calls on State Parties to recognise the child's right to education. State Parties are asked to respect and ensure these rights for each child ... without discrimination of any kind, irrespective of the child's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.

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TAKING CHILDREN SERIOUSLY: WRITING EARLY CHILDHOOD DEVELOPMENT SERVICES INTO THE CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA


YOUNG CHILDREN GROWING UP IN SOUTH AFRICA

If there is a group in South Africa which has consistently had their rights denied it is our children and in particular black children. From conception the black child's life is characterised by hunger and malnutrition, insecurity and trauma, instability, family breakdown and dislocation of communities, a lack of primary health care and education opportunities; and the absence of adequate housing; electricity, running water and sanitation.

The environment in which young children have grown up in South Africa is best described by two quotes from practitioners in the field.

"Endemic community violence, the ravages of poverty, the absence of the basic necessities of life such as food, water, good health and sanitation, decent housing and the manifest neglect of opportunities for the early education of our young children have become the pre‑dominant features of the lives of the seven million children of pre‑schooling age in South Africa." (NECC Statement on Early Childhood Care and Education, 24 October 1990).

"Apartheid in South Africa has caused hunger, violence and the education crisis amongst the African people. Black women and children bear the brunt of this policy'. (Dr Nkosazana Zuma, Minister of Health)



THE IDEA OF CHILDRENS RIGHTS

"I believe that we should claim certain rights for children and labour for their universal recognition." - Egiantyne Jebb, Founder: Save the Children, 1923

The idea that children have rights is sometimes controversial. Everyone thinks that children deserve special protection because they are vulnerable. Too often, though, children are not seen as having their own rights, separate from those of their parents, guardians and carers. There is a growing recognition that children do have such rights and this is now reflected in the legislation of certain countries and international convention. Such rights include the right to enjoy the medical, educational, leisure and welfare services necessary for a healthy and positive childhood.

Three of the UN Convention on the Rights of the Child articles are especially important because they establish a foundation for all the other rights.

1. . Article 2 establishes that all the rights identified must be available to all children and young people, without discrimination of any kind.

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TAKING CHILDREN SERIOUSLY: WRITING EARLY CHILDHOOD DEVELOPMENT SERVICES INTO THE CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA

2. Article 3 requires that in all actions concerning a child, the child's "best interests" should be a primary consideration.
3. Article 12 states that in all matters affecting them, children and young people have a right to express their views.

The other rights listed in the Convention can be grouped under three headings:

Participation: these articles are based on the concept that children and young people have rights as active participants in society. These include the right to a name and nationality (article 7), and the right to freedom of thought (article 14) and association (article 15), as well as the right to be listened to in matters which affect them (article 12).

Provision: these articles state the rights children and young people have to survival and development (article 6). They include the right to clean water and food (article 24), the right to education (article 28), and the right to state support for their family (article 18), including social security, if needed (article 26).

Protection: these articles state children's and young people's rights to be protected from violence, neglect and abuse (article 19), and from torture and cruelty (article 37).



WHY WRITE EARLY CHILDHOOD DEVELOPMENT FOR YOUNG CHILDREN INTO THE CONSTITUTION

Before you can build a house, it is necessary to lay foundation stones to support the entire structure. Before a child enters primary school, a similar foundation must be laid. Embedded within their family, their community, and their cultural values, very young children (from birth to six) need to be supported in the development of the physical, mental and social abilities that will enable them to survive and thrive in later years. The successful education of the child during its years of schooling depends to a great degree upon the foundation stones laid during the preschool years.

Scientific findings from a variety of fields have demonstrated that support of early development yields rich benefits not only in immediate ways for the child and its parents, but also over time in terms of the child's ability to contribute to the community. Interventions in the eady years of childhood offer an extraordinary opportunity to avoid or moderate learning problems, and to bring lasting benefits to individuals and society.

The benefits of investing in early childhood care and development can be extraordinarily high. It was because of the overwhelming evidence that children's early years are so key to future successes that in the Declaration and Framework for Action the World Conference on Education for All challenged countries to include in their plans for the 199Os: "Expansion of early childhood care and development activities, including family and community interventions, especially for poor, disadvantaged and disabled children".

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TAKING CHILDREN SERIOUSLY: WRITING EARLY CHILDHOOD DEVELOPMENT SERVICES INTO THE CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA





FURTHER ARGUMENTS IN SUPPORT OF ENSURING EARLY CHILDHOOD DEVELOPMENT INTERVENTION FOR CHILDREN BY CONSTITUTIONAL AUTHORITY

Despite the overwhelming evidence that early childhood intervention is beneficial to the development of disadvantaged children, there is, sadly, still a need to provide extensive arguments for investment in the early years. There are compelling social and economic arguments in favour of early intervention programmes. These include:

The human rights argument: Children have a right to develop to their full potential by growing up in a healthy and safe environment. Conditions that prevent optimal development when it could be promoted, violate basic human rights.

The moral argument: Early childhood development programmes can help transmit moral and social values and can reverse the erosion of traditional values by providing environments where parents and communities can reinforce these cultural values.

The social equity argument: Disadvantaged environments cause poor children to fag behind their more advantaged counterparts. Gender-linked disparities in many cultures also inhibit development and educational opportunities for girls. Early childhood development programmes have the potential to help and correct such inequalities.

The economic argument. Preventative programmes are found to be cost-effective in the longer term. These can reduce the need for expensive curative programmes. Preventative programmes also reduce low academic achievement, dropping out of school, the need for remedial intervention, juvenile delinquency, drug and alcohol abuse, and other forms of anti-social behaviour. It is argued that the rate of return on the education and care of preschool children is higher than at any other level of education.

The psychological development argument. Another Important consideration for initiating intervention programmes for young children is inspired by the idea that early childhood is the best time to break the cycle of poverty. Furthermore, because the child's early years are vital for the formation of the personality structure, intelligence and social behaviour, reaching the disadvantaged child at this early stage can then have a positive, formative effect on the child's future. Through early intervention, it should be possible to prepare the young child physically and mentally for effective learning in primary school, and to strengthen the task of supporting and feeding the family. When this is so, the chance of more complete child development and higher productivity increases, thus breaking the cycle of poverty.






TAKING CHILDREN SERIOUSLY: WRITING EARLY CHILDHOOD DEVELOPMENT SERVICES INTO THE CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA



THE CHILD'S RIGHT TO EARLY CHILDHOOD DEVELOPMENT PROTECTED BY THE CONSTITUTION

Early Childhood Development refers not only to what is happening within the child, but also to the care that the child requires in order to thrive. For a child to develop and learn in a healthy and normal way, it is important not only to meet the needs of protection, food and health care, but also to meet the basic needs for interaction and stimulation, affection, security, and learning through exploration and discovery.

Three main documents speak to the Child's Right to Early Childhood Development services. (i) The African Charter on Human and Peoples' Rights
The African Charter on Human and Peoples' Rights refers to the right of the child to early childhood development services in 7 articles.

Article 6 states that children have the right to life; the State must ensure the survival and maximum development of the child.
Article 16 states that every individual shall have the right to enjoy the best attainable state of physical and mental health.
Article 17 states that every individual shall have the right to education.
Article 24 states that children have the right to the highest attainable standard of health and access to- medical services; the State must attempt to diminish infant and child mortality, combat disease and malnutrition, ensure health care for expectant mothers, provide access to health education, develop preventive health care and abolish harmful traditional practices. Article 28 states that children have the right to education, that the state must provide free and compulsory education, ensure equal access to secondary and higher education and ensure that school discipline reflects the child's human dignity.
Article 29 explains the aims of education. That education is directed at developing the child's personality and talents; preparing the child for responsible life in a free society; developing respect for the child's parents, basic human rights, the natural environment and the child's own cultural and national values and those of others.
Article 31 states that children have the right to leisure, play and participation in cultural and artistic activities.


(ii) The South African Children's Charter

In South Africa the Children's Charter, a unique document developed in 1992 by children themselves, extends upon all other children's right documents, and was adopted by the Children's Summit of South Africa in Cape Town on 1 June 1992.






TAKING CHILDREN SERIOUSLY: WRITING EARLY CHILDHOOD DEVELOPMENT SERVICES INTO THE CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA


Article 6 relates to family life and stresses that:

all children have the right to a safe, secure and nurturing family and the right to participate as a member of a family all children have the right to clothing, housing and a healthy diet

all children have the right to clean water, sanitation and a clean living environment.

Article 7 relates to Health and Welfare and records that all children have the right to adequate health care and medical attention both before and after birth. It goes further by stating that children have the right to free and comprehensive health services, especially in schools, including screening of diseases, treatment of diseases and physical and psychological treatment and services.

Article 8 relates to education. Six items relate to early years development.

All children have the right to free and equal, non-racial, non-sexist and compulsory education within one education department as education is a right and not a privilege. All children have the right to education which is in the interest of the child and to develop their talents through education, both formal and informal.

All teachers should be qualified and should treat children with patience, respect and dignity. All teachers should be evaluated and monitored to ensure that they are protecting the rights of the child.

Parents have a duty to become involved in their children's education and development and to participate in their children's education at school and home.

All children have the right to play and to free and adequate sports and recreational facilities so that children can be children.

All children have the right to educational facilities and the transportation to such facilities should be provided to children in difficult or violent situations.


(iii) The Convention on the Rights of the Child

The Convention of the Rights of the Child was unanimously adopted at the forty-fourth United Nations General Assembly on 20 November 1989, and came into force on 2 September 1990. This Convention recognises that children have needs which extend beyond basic concepts of protection. After 1 0 years of negotiations, the nations of the world endorsed a document covering civil, economic, social, cultural and political rights for children and accepted the challenge to translate them into national action. The World Summit on Children held in New York in September 1990, endorsed the World Declaration on the survival, protection and development of children and the Plan of Action for its implementation.

The Conventions 54 Articles defines the rights and needs of children from a wide perspective and outlines the duties and responsibilities of governments and adults.

The Preamble states that...


TAKING CHILDREN SERIOUSLY: WRITING EARLY CHILDHOOD DEVELOPMENT SERVICES INTO THE CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA

"... the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as afterbirth."

It further stresses that there are children living in exceptionally difficult circumstances, all over the world, and that they require special consideration.

The Rights of the Child can be broadly categorised under three main headings:

The Right to Survival - through the provision of adequate food, shelter, clean water and primary health care;

The Right to Protection - from abuse, neglect and exploitation, including the right to special protection in times of war; and

The Right to Develop - in a safe environment, through the provision of formal education, constructive play, advanced health care and the opportunity to participate in the social economic, religious and political life of the culture - free from discrimination..

The articles reflecting early childhood education are:

article 3, the best interest of the child;

article 6, the right to survival and development; article 9, the right to both parents;

article 18, the responsibility of both parents for the child; article 27, the right to a standard of living which provides for the optimal development of the child;

article 31, the right to play;

Article 3. The best interest of the child shall be the principle in all situations where children are involved. All institutions - private or public - shall fill set norms concerning;

security

health

the number of staff per given number of children the suitability of the staff who are working with children the educational level of the staff

The country undertakes to ensure for the child, such care as is necessary for the well-being of the child. This means that the country has promised that the institutions shall conform to the standards set by competent authorities in order to provide for the child's development and education, and that this quality should not be impaired, due, for example to the lack of economical resources.





TAKING CHILDREN SERIOUSLY: WRITING EARLY CHILDHOOD DEVELOPMENT SERVICES INTO THE CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA



Article 6. The right to life. It states that the country shall, to the maximum extent, ensure the survival and development of each child. As is well known, and is said above, the precondition for the survival and development of a child is stimulation, or, you could say, early childhood education.

Article 9. The right to both parents. It states that under no circumstances shall a child be separated from its parents, unless it is evident that it is in the best interest of the child to do so. The meaning behind this is, that in order for a child to develop to its maximum, it has to feel trust, be secure and confident. It means that separation from those that the child loves the most, must not happen, since it is devastating for the well-being and development of the child.

Article 18. Recognises the principle that both parents are responsible for the upbringing of their children; the State to assist parents or guardians in this responsibility and to ensure the provision of child care for eligible working parents.

Article 24. Records the child's right to the highest attainable standard of health and access to medical services; the State to attempt to diminish infant and child mortality, combat disease and malnutrition, ensure health care for expectant mothers, provide access to health education and develop preventive health care.

Article 27. The right to a good standard of living. It states that the child is entitled to a standard of living which is adequate for physical, mental, spiritual, moral and social development. Even if the main issue here refers particularly to nutrition, clothing and housing, it also states that other kinds of support programmes are needed, in terms of the development of the child.

Article 31. Speaks of the child's right to leisure, play and participation in cultural and artistic activities in order to develop.



RECOMMENDATIONS

It is recommended that

1 . the rights of children be entrenched in the new Constitution;

2. the UN Convention on the Rights of the Child be signed by the South African government without delay;

3. access to early childhood development services be a right of every child;

4. the 1 0 articles of the South African Children's Charter form part of the Constitution.

TAKING CHILDREN SERIOUSLY: WRrriNG EARLY CHILDHOOD DEVELOPMENT SERVICES INTO THE CONSTITUTION OF THE. REPUBLIC OF SOUTH AFRICA


CONCLUSION

Writing the rights of children into the Constitution is fundamental to economic prosperity, political stability and development of our new found democracy.

What is needed at this point in time is for the Constitution to commit itself to the survival, protection and development of all South Africa's children.

If this is not written into the Constitution and protected with vigour then it is our belief that women and childrens rights in the new South Africa will be a myth - for they will essentially remain disadvantaged and oppressed.

INTERNATIONAL SUMMIT ON THE RIGHTS OF CHILDREN IN SOUTH AFRICA:

THE CHILDREN’S CHARTER OF SOUTH AFRICA

3

South African Children Speak Out...

Molo Songololo had the unique opportunity to host the "International Summit on The Rights of Children in South Africa", which was held over 27th May to 1 st June 1992 in Somerset West, Cape Town. The summit at which the 'Children's Charter of South Africa'was drawn up and adopted, has been a historical turning point in realising a culture of children's participation in child rights advocacy.

The summit brought together over 200 children, between the ages of 12 and 16 years. Children came from 20 different regions all over South Africa and were representative of race, dassgender and disability. At the summitchildren discussed the problems facing them and spoke out about the continuing violations of human rights. They recognised that Apartheid still affects them and that children are not treated with respect and digrdty.

"Where is the new South Africa you all talk about? Show us, because we do not see it .... 1" was loudly heard throughout the sumn-dt.

More importantly, the children drew up and adopted the first 'Children's Charter

'Where is the of South Africa'. The charter reflects the voices of children and their desperate plea

New South to be respected and consulted on issues affecting them and their future. A number

Africa you all of unconventional clauses, reflecting the d d of a diverse group of children are
talk about? Slww made in various articles. These clauses are particularly challenging as they mirror
the experiences and feelings of children and what they want done on Violence,
us, because we do Family Life, Health and W@e, Education, Child Labour and Homelessness. This
notsee it" makes the charter uniquely South African.

The children aredemandingtobeputfirst@nthepoliticalagendanotlastTheyare lookingtothepresentnegotiationstoprovideanswerstotheircries.Theyrecogdse that the pending new constitution and bill of rights, will have major implications for the realisation of the kind of rights set out in the charter. They resolved that 'Children will no longer remain silent about their rights, but will speak and even shout out their needs and demands.

Finally, the summit delegates must be commanded for their courage, leadership and commitment. @uth Africa can be proud of them for setting the pace for children's rights. Molo Songololo challenges all people and organisations to support the children, their charter and to help contribute to realise Children's Rights in South Africa.

The summit was p art of the'Intemational Conference on the Rights of Children in South Africa' which followed on the 10th-13th June 1992. The conference was hosted by the Conununity Law Centre of the University of the Western Cape and focused developing policy on children's rights. Both these events was a result of the Harare Conference on Children, Repression and Law in South Africa held in 1987.

4

PREAMBLE

We, the delegates of the International Children's Summit heldfrom 27 May to 1 June 1992, acting as representatives ftom the regions of Western Cape, Eastern Cape, Southern Cape,

Northern Cape, Boland, border, MidTands, Southern Natal, Northern N@tal, Nanwquala'nd,

PWV, Eastern Transvaal, Western Transvaal, Northern Transvaal, Northern Orange Free

State, Southern Orange Free State, Transkei and on beha@of all the children of South Afrim,

Realizing that,

all children are created equal and are entitled to basic human rights and freedoms and that all chfldren deserve respect and spedal care and proteffion as they develop and grow and

Recognizing that,

within South Ahica, chfldren have not been treated with respect and dignity, but as a direct result of Apartheid have been subjected to di ation, violence and radsm that has destroyed families and communities and has disrupted education and sodal relationships and

Acknowledging that,

at the present time, children have not been placed on the agenda of any political party, or the

existing government or wiffiffi the CODESA negotiations and are not given the attention that they deserve.

Taking into consideration the cultural values, languages, and traditions of all the dffldren and,

Recognizing the

urgent need for attention to improving the life of children and protecting their rights in every

region, in p@cular those regions which have been especially subjected to violence, poetical unrest and poverty.

Have agreed upon the following:

5

PART 1

Article One

For the purposes of the charter, a child means any person under the age of 18 years old, unless otherwise stated.

Article Two

CHdrenhavebeenandcontinuetobeabused,tortured,mistreated,neglectedand abandoned by the people of South Africa. Children are not treated with the respect and dignity that every human being deserves, but instead are subjected to violence, poverty, racism, and the ignorance of adults. Children continue to suffer from the inequalities of apartheid, especially in the area of education. Children do not receive proper health and medical care and attention, yet do not have the right to den-Land treatment. Children are arrested, tried without lawyers and held in prisons.

Children are beaten and abused by the police and by gangs and other adults. Children are the future leaders of tomorrow, but they are not given the right to participate in consultations or negotiations about their future. The goverrunent and other political parties have put children last, not first.

We therefore set forth that all children of South Africa are entitled to the following rights and protections:

PART 11

Article One

1. All children have the right to protection and guarantees of all the rights of the CAarter and should not be discriminated against because of his / her or his / her parents or family's colour, race, sex, language, religion, personal or political opinion, nationality, disability or for any other reason.

2. All political parties, the government, CODESA, the future government, communities families, and parents should do everything possible to ensure that children are not

di ated against due to his / her or his / her parents or family's colour, race, sex, language, religion, personal or political opinion, nationality, disability or for any other reason.

Article Two

All children have the right to a name and nationality as soon as they are born.

Article Three

1. . All children have the right to express their own opinions and the right to be heard in all matters that affect his / her rights 'and protection and welfare.

2. All children! have the right to be heard in courtrooms and hearings affecting their future rights and protection and welfareand to be treated with the special care and consideration within those courtrooms and hearings which their age and maturity demands.

3. All children have the right to free legal representation if arrested.

4. All children have the right to participate in the government of the country and special attention should be given to consultations with children on their rights and situation.

Article 4

All children have the right to freedom to practice their own religion, culture or beliefs without fear.

7

Article Five

Violence

1. All children have the right to be protected from all types of violence indudin . g: physical, emotional, verbal, psychological, sexual, state, political, gan

91 domestic, school, township and conununity, street, radar, self-destructive and all other forms of violence.

2. All children have the right to freedom from corporal punishment at school, from the police and in prisons, and at home.

3. All children have the right to be protected from neglect and abandonment.

4. All d-dldren have the right to be protected from township and political violence and to have "safe places" and to have community centres where they can goforhelp and r>afety from violence.

5. All children have the right tobe educated aboutchild abuse and the right to fonnyouth groups to protect them from abuse.

6. Allpersons have theduty toreportall violenceagainst, abuseof and neglectof anychild to the appropriate authorities.

7. Children should not be used as shields or tools by the perpetrators of violence.

8. Children have the right to say no to violence.

8

viol

9. The media has the duty to prevent the exploitation of children who are victims of ence

and should be prohibited from the promotion of violence.

10. All cmdren have the right to be protected from violence by the police and in Prisons.

11. Children should not be obligated or forced tofollow adults in their political involvements.

12. All children have the right to be free from torture, detention or any other physical or emotional violence during Apartheid or at times of unrest oT war.

13. All children have the right to be protected from drug and alcohol abuse by their parents, families and others and to be educated about these forms of violence.

14. Children have the right to a special children's court and medical facilities to protect them from violence.

15. Special groups and organizations should be formed within the communities to protect and counsel vi@ of all types of violence.

16. No child should be held in prison or police cells at any @e.

Article 6

Family Life

1. All children have the right to a safe, e and nurturing family and the right to participate as a member of that family.

2. All children have the right to love and affection from their parents and family.

3. All children have the right. to clothing, housing and a healthy diet.

4. : All children have the right to clean water, @tation and a dean living environment.

5. All children have the right to be protected from domestic violence.

6. All children who do nothave a family should be provided with a safe and secure place to live and doffiffig and nutritious food within the commurdty where they live.

7. Special protections should be given to children who are orphaned or abandoned as a result of violence or any other reason or are refugees or returning from exile and every effort should be made to place them within a safe and secure family

Article Seven

Health & Welfare

1. All children have the right to adequate health care and medical attention both before and after birth.

2. All children have the right to be protected from h and toxic substances such as cigarettes, drugs, and alcohol and to be educated about the effects on their health and enviroranent.

3. All children have the right to free and comprehensive health services, especially in schools, including screening of diseases, treatment of diseases and physical and psychological treatment and services.

4. All children have the right to demand health and medical care without the permission of their parent or guardian.

5. All children have the right to be protected and educated about AIDS and to be given adequate health care and protection. Any child whose family is infected with AIDS should be given special care and protection.

6. Disabled children have the right to special health care and protections.

Article 9

Child Labour

1. All children have the ri@ to be protected from child labour and any other economic exploitation which endangers a child's mental, physical, or psychological health and interferes with his / her education so that he / she van develop properly and enjoy childhood.

2. All children, especially in rural areas, should be protected from hard labour including farm, domestic or manual labour or any other type of labour.

3. All children have the right to be protected from prostitution and sexual exploitation such as pornography.

4. There should be a minimum age of employment and no child should be forced to leave school prior to the completion of matric for the purposes of employment.

5. There should be regulations and restrictions on the hours and types of work and penalties for those who violate these regulations.

6. All children have the right to be protected from child slavery and from the inheritance of labour or employment from their parent or family.

Article Ten

Homeless Children

1. No child should be forced to Eve on the streets..

2. Homeless children have the right to be protected from harassment and abuse from police, security guards and all other persons and every person has the duty to report any abuse or violence against children.

3. Homelesschildrenhavetherighttoadecentplacetolive,doffiffi andahealthydiet.

9

4. Street children have the right to special attention in education and health care.

5. Communities and families have a duty to protect their children from becoming homeless and abandoned.

6. All persons should be made aware of the plight of homeless children and should participate in programmes which act to positively eradicate the problem of homeless children.

7. The government has the duty and responsibility for homeless children.

13

RESOLUTIONS

We, the children of South Africa, therefore demand that:

1. The existing government, the Africa . nNation@Congress,thePanAfricanistCongress, Inkatha Freedom Party, CODESA, the National Party, the Democratic Party and all other parties presently involved in negotiations acknowledge, adopt and support the Children's Charter via the establishment of committees, working groups and commissions that will ensure that chddren's rights will no longer be ignored in South Africa and that children will be placed first on the agenda, not last. Also, that these groups act to support existing children's structures and organisations.

· A children's representative orcoundl of representatives should be placed on CODESA, and within the existing and future governments. Children have the right to participate in and be consulted with about Government.

3. ThefutureconstitutionandbWof rightsindudesspecialprovisionsforchildren'scare and protection and development.

4. The National Children's Committee (NCRC) and all other children's structures and organisations,bothd'omesticand,intemational,acknowledge,acceptandsupportthe Children's Charter in as many ways as possible.

5. That con-anunities and regions act to acknowledge, adopt and support the Children's Charter and ensure that the needs of their children are addressed with urgency.

6. That the delegates of the Sumn-dt ad to ensure that their regions, communities, schools, families, adults and peers are informed about the Children's Charter and that there is continuing evaluation about the way forward to a culture of dffl&en's rights.

Children will no longer remain silent about their rights, but will speak and even shout out about their needs and demands.

Approved on this the 1 day of June 1992.