SAHRC’S Work on Children’s Rights

1. SAHRC’S Work on Children’s Rights Commissioner Lindiwe Mokate South African Human Rights Commission 12 November, 2014

2. Structure of Presentation Mandate of the Commission Strategy Promotion and Education Protection Challenges

3. Mandate of the Commission In terms of Section 184 (1) of the Constitution, the Commission is to: Promote respect for human rights and a culture of human rights; Promote the protection, development and attainment of human rights; and Monitor and assess the observance of human rights in the Republic. S 184(2)The South African Human Rights Commission has the powers, as regulated by national legislation, necessary to perform its functions, including the power : to investigate and to report on the observance of human rights; to take steps to secure appropriate redress where human rights have been violated; to carry out research; and to educate. S 184(3) Each year, the South African Human Rights Commission must require relevant organs of state to provide the Commission with information on the measures that they have taken towards the realisation of the rights in the Bill of Rights concerning housing, health care, food, water, social security, education and the environment.

4. Strategy Co-operation with various institutions involved in child rights, eg UNICEF, HSRC, Centre for Child Law, Children’s Institute and children’s NGOs . Advisory Committee on the Rights of the Child. The Committee is formed in terms of section 11 of the HRC Act. The Committee is largely an information resource on what is happening in the Children’s sector.

5. Promotion and Education Commenting on pending legislation and regulations, eg the Draft Minimum Norms and Standards for School Infrastructure. Carrying out advocacy and human rights education initiatives through hosting of events, presentation of conference papers and participating in stakeholder events.

6. Promotion and Education Cont.: Corporal Punishment in Schools 2013, Dialogue on Corporal Punishment in Schools. -Among the resolutions was to convene a conference on the subject. National Conference convened on 29 and 30 May 2014 entitled “Ending Corporal Punishment in Schools” Publication produced by the Centre for Child Law titled “Promoting Effective Enforcement of the Prohibition Against Corporal Punishment in South African Schools” was launched at this event.

7. Promotion and Education Cont.: Research Commissioned: Situation Analysis : Challenges of operating under poverty and inequality . In 2011 the Commission in partnership with UNICEF South Africa compiled a study entitled South Africa’s Children: A Review of Equity and Child Rights. Using statistics, this publication aimed to demonstrate the multiple deprivations suffered by children from various segments of the child population. This included datasets on education, which presented a disturbing picture of how children are situated in this country and, to a degree, informed our next piece of research.

8. Promotion and Education Cont.: Research Commissioned: The Charter of Children’s Basic Education Rights was launched in January of 2013. The Charter is a consolidated statement of obligations, seeking to bring together international instruments and national laws and policies into a unified trajectory for realising the right to basic education. The Charter gives parents, children, teachers and other stakeholders an idea of what to expect when a child is sent to school. The main purpose of the Charter is to enable the SAHRC to monitor the realization of the right to basic education and to assist other stakeholders in their work in the sector.

9. Promotion and Education Cont.: Research Commissioned: The SAHRC commissioned a study on “Poverty Traps and Social Exclusion Among Children in South Africa.” In furtherance of the National Development Plan vision 2030, the report aims through a child rights lens and by means of literature reviews and policy simulations, to arrive at recommendations to reduce the entrapment and exclusion. The study sought to examine why some children have managed to escape poverty while others remain caught up in it.

10. Protection Commission’s Complaint’s Handling Procedures. which include: convening national hearing in terms of the Human Rights Commission Act, egdelivery of primary learning materials to schools. The Commission heard from eight of the nine provinces as well as external stakeholders. A report was compiled containing recommendations, which has since been released. The Commissioner also contributes to and signs off on all investigative reports produced by the Commission concerning children’s rights and the right to basic education.

11. Challenges The new structure of government having no special focus on the rights of children. Use of corporal punishment Children without parents or guardians Poverty among children

12. Thank You