Children’s rights organisations have expressed their support for proposed amendments to parts of the Children’s Act‚ according to the Department of Social Development.
The department has proposed amendments to the act to address a number of issues‚ including inserting a definition of sexual offence thereby aligning the Children’s Act to the Sexual Offences Act.
It also seeks to create a deeming provision in section 120 making it easier to find adult offenders unsuitable to work with children. Other proposed changes include amending section 150 in order to clarify the requirements for finding an orphaned or abandoned child in need of care and protection; and amending section 152 to provide for a judicial review of a decision to remove a child without a court order.
These amendments are carried in the Children’s Act Amendment Bill 13 of 2015.
“The Children’s Amendment Bill 14 of 2015 proposes extending the definition of ‘adoption social worker’ to include social workers in the employ of the state to enable them to do adoptions; amending sections 151 and 152 so as to provide to a speedy review to remove a child with an interim order and placing him or her in temporary safe care; amending section 171 by empowering the provincial head of Social Development to transfer a person‚ placed in alternative care as a child and who has remained in alternative care after having reached the age of 18‚ from one alternative care to another; as well as amending section 176(2)(b) by replacing the words ‘education and training’ with the words ‘grade 12‚ higher education‚ further education and training’ so as to clarify what was intended and in order to empower the provincial head of social development‚ to extend an alternative care placement in respect of persons who are still doing their secondary and tertiary education‚” the department said in a statement on Saturday.
It said the portfolio committee on Social Development had received oral submissions over two days from the National Association of Child Care Workers (NACCW)‚ Child Welfare South Africa‚ Childline‚ Molo Songololo‚ The International Society for the Prevention of Child Abuse and Neglect‚ The Children Institute‚ Centre for Child Law‚ Save The Children South Africa‚ South African Human Rights Commission as well as children in parliament.
“These organisations work closely with children and are operational in the area of children’s rights and protection.
“The organisations supported the proposed amendments of the Children’s Act. However‚ they wanted the department to look into the use of words such as ‘deemed’ and ‘must’ and their meaning and they called upon the department not to include child sex offenders on the child protection register and proposed a merger of the sexual offences register and child protection register.”
Children who were present at the hearings had made a passionate plea to the portfolio committee members not to list children with adults on the Register. Martha Jacobs‚ a 16-year-old grade 10 learner from Atlantis and part of Molo Songololo said: “Children should have a Separate child register because they are not same as adults‚ they don’t know right and wrong and are sometimes influenced by adults.”
Odwa Xaziyane from Delft said: “Crime and poverty is rife in our area. It is unfair and wrong to be put on the same register as adults. Children see media and adults and are easily influenced. They think differently. Let’s take a moment to think about the children whose names are on the register. What about their future when their names are on the register? Section 24 of bill of rights states that it is the Right of children not to be detained with adults and receive legal assistance‚ be protected from conflict. They need to create a separate register and give children fair trial.”
Some of the organisations had also gone further saying that it was better to rehabilitate the minors rather than to list them on the register‚ the department added.
Children’s right organisations support amendments to act
Children’s rights organisations have expressed their support for proposed amendments to parts of the Children’s Act‚ according to the Department of Social Development.
The department has proposed amendments to the act to address a number of issues‚ including inserting a definition of sexual offence thereby aligning the Children’s Act to the Sexual Offences Act.
It also seeks to create a deeming provision in section 120 making it easier to find adult offenders unsuitable to work with children. Other proposed changes include amending section 150 in order to clarify the requirements for finding an orphaned or abandoned child in need of care and protection; and amending section 152 to provide for a judicial review of a decision to remove a child without a court order.
These amendments are carried in the Children’s Act Amendment Bill 13 of 2015.
“The Children’s Amendment Bill 14 of 2015 proposes extending the definition of ‘adoption social worker’ to include social workers in the employ of the state to enable them to do adoptions; amending sections 151 and 152 so as to provide to a speedy review to remove a child with an interim order and placing him or her in temporary safe care; amending section 171 by empowering the provincial head of Social Development to transfer a person‚ placed in alternative care as a child and who has remained in alternative care after having reached the age of 18‚ from one alternative care to another; as well as amending section 176(2)(b) by replacing the words ‘education and training’ with the words ‘grade 12‚ higher education‚ further education and training’ so as to clarify what was intended and in order to empower the provincial head of social development‚ to extend an alternative care placement in respect of persons who are still doing their secondary and tertiary education‚” the department said in a statement on Saturday.
It said the portfolio committee on Social Development had received oral submissions over two days from the National Association of Child Care Workers (NACCW)‚ Child Welfare South Africa‚ Childline‚ Molo Songololo‚ The International Society for the Prevention of Child Abuse and Neglect‚ The Children Institute‚ Centre for Child Law‚ Save The Children South Africa‚ South African Human Rights Commission as well as children in parliament.
“These organisations work closely with children and are operational in the area of children’s rights and protection.
“The organisations supported the proposed amendments of the Children’s Act. However‚ they wanted the department to look into the use of words such as ‘deemed’ and ‘must’ and their meaning and they called upon the department not to include child sex offenders on the child protection register and proposed a merger of the sexual offences register and child protection register.”
Children who were present at the hearings had made a passionate plea to the portfolio committee members not to list children with adults on the Register. Martha Jacobs‚ a 16-year-old grade 10 learner from Atlantis and part of Molo Songololo said: “Children should have a Separate child register because they are not same as adults‚ they don’t know right and wrong and are sometimes influenced by adults.”
Odwa Xaziyane from Delft said: “Crime and poverty is rife in our area. It is unfair and wrong to be put on the same register as adults. Children see media and adults and are easily influenced. They think differently. Let’s take a moment to think about the children whose names are on the register. What about their future when their names are on the register? Section 24 of bill of rights states that it is the Right of children not to be detained with adults and receive legal assistance‚ be protected from conflict. They need to create a separate register and give children fair trial.”
Some of the organisations had also gone further saying that it was better to rehabilitate the minors rather than to list them on the register‚ the department added.
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