LO Notes: bill of rights

Section 28 of the Bill of Rights: Children's Rights

• Every child has specific rights:
  • Right to a name and nationality from birth.
  • Right to family or parental care, or suitable alternative care if removed from family.
  • Right to basic nutrition, shelter, healthcare, and social services.
  • Right to protection from maltreatment, neglect, abuse, or degradation.
  • Right to protection from exploitative labor practices.
  • Protection from work that:
    • Is inappropriate for their age.
    • Endangers their well-being, education, health, or development.
  • Right not to be detained, except as a last resort, and when detained:
    • Detention should be for the shortest appropriate time.
    • Must be kept separate from adults.
    • Must be treated with consideration for their age.
  • Right to a state-assigned and funded legal practitioner in civil proceedings if injustice would result otherwise.
  • Right not to be used in armed conflict and to be protected during armed conflict.
• A child's best interests are paramount in all matters concerning them.
• Definition of a child: anyone under 18 years old.

History of Human Rights

• World War I:
  • The war highlighted the need to protect vulnerable individuals.
  • Vulnerable groups include the elderly, mentally ill, disabled, and children.
  • These groups suffered due to economic and social hardships after the war.
• 1924: Declaration of Geneva
  • Recognized the rights of children.
  • Emphasized the need to protect this vulnerable group.
• Post-World War II:
  • The United Nations furthered children's rights.
  • Established the Declaration of the Rights of the Child in 1959.
• International Convention on the Rights of the Child:
  • Created on November 20, 1989.
• South African Bill of Rights:
  • Emerged from the struggle against apartheid and injustice.
• 1948:
  • The apartheid government came into power.
  • The United Nations adopted the Universal Declaration of Human Rights.
  • South Africa was one of eight countries that refused to sign due to the impending apartheid program.
  • Apartheid systematically violated every right in the declaration.
• Until April 27, 1994:
  • The majority of South Africans were excluded from government.
  • They were subjected to various human rights violations.
• 1994: South Africa became a constitutional democracy.
  • The human rights of all South Africans received protection in the Bill of Rights.

Rights and Responsibilities

• Fundamental rights come with responsibilities.
• Exercising rights should not infringe on the rights of others. *Examples of Rights and Responsibilities. From the transcript:
  • Right: Right to a safe and loving home.
    • Responsibility: Respect your family and take care of your home.
  • Right: Right to be treated with dignity and respect.
    • Responsibility: Treat others with respect and dignity.
  • Right: Right to Education
    • Responsibility: Attend School and learn
• Nelson Mandela quote: "There can be no keener revelation of a society's soul than the way in which it treats its children."