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HL Child Law Conference. Youth Day Talk JCAF 18/06/2014 Luke Lamprecht. The Background. UNCRC Section 28 HRBC Child Rights Negative Duty Child Rights Positive duty. The Laws in practice. Children’s Act Gate keepers to services Family preservation as a concept
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HL Child Law Conference Youth Day Talk JCAF 18/06/2014 Luke Lamprecht
The Background • UNCRC • Section 28 • HRBC • Child Rights Negative Duty • Child Rights Positive duty
The Laws in practice • Children’s Act • Gate keepers to services • Family preservation as a concept • Lack of care facilities • Care facilities for “special category” children.
Cont • Child Justice Act • Gatekeepers to services • Law used to not open cases • Diversion not considered part of the CJS • Stats!
Cont… • CJS CPA and CLSORMAA • Child as witness of the state • Assisting the State to discharge its positive duty • Medical, Legal and Care Triangle of intervention • State needs for a good witness supersede child’s rights to care in certain courts • Assessments (of many varieties) replace therapy.
Cont… • Human rights and the unintended consequences for children • “Bad Buildings”. • Children denied services while adults rights protected.
Other • Access to healthcare • Access to school • “papers”
Reflections • Implementation and interpretation of the Law has become a barrier to children accessing rights. • Law meant to open “basket of services” to children. • Law untrained • Under resourced • Sense that some rights not met and some even regressive! • Crisis in Child Protection and Development
