DRAFT STRATEGY ON CHILD PROTECTION

Developed by:

Department of Social Development
Private Bag X901
PRETORIA
0001

11 September 2000

1. INTRODUCTION

There has for a number of years been increasing concern over the extent and severity of child abuse, neglect and exploitation in South Africa. While these problems appear to be spiralling, our country's child protection system is in disarray. Ensuring the wellbeing of children is fundamental to the transformation process and to the reconstruction and development of our country. The government under two successive Presidents has committed itself to this cause.

The strategy was developed as an intrinsic component of the National Programme of Action for Children in South Africa (NPA) and in accordance with South Africa's international obligations in terms of the UN Convention on the Rights of the Child (CRC) and the goals of the World Summit Declaration on the Survival, Protection and Development of Children. It is similarly relevant to our country's obligations in terms of the African Charter on the Rights and Welfare of the Child (African Children's Charter) which has since been ratified. It was also designed to ensure compliance with Section 28(1) of the Constitution of the Republic of South Africa (The Constitution) which deals with the right of the child to protection from abuse, neglect and exploitation, as a means of implementing a number of current government policy initiatives relating to children, youth and families.

2. PURPOSE OF THE STRATEGY

The purpose of the National Child Protection Strategy is to effectively address child abuse, neglect and exploitation in an integrated manner.

3. PREAMBLE

3.1 Following the ratification of the Convention on the Rights of the Child (CRC) in June 1995, the government sought to bring legislation, policy and practice in line with the requirements of the CRC. This is clearly reflected in Section 28 of the Bill of Rights of the Constitution (1996), which deals specifically with the rights of children. It reads as follows:

"28 (1) Every child has the right -

1. to a name and a nationality from birth;
2. to family care or parental care, or to appropriate alternative care when removed from the family environment;
3. to basic nutrition, shelter, basic health care services and social services;
4. to be protected from maltreatment, neglect, abuse or degradation;
5. to be protected from exploitative labour practices;
6. not to be required or permitted to perform work or provide services that
   1. are inappropriate for a person of the child's age; or
   2. place at risk the child's well-being education, physical or mental health or spiritual, moral or social development;
7. not to be detained except as a measure of last resort, in which case, in addition to the rights a child enjoys under sections 12 and 35 [relating to freedom and security of the person and rights of arrested, detained and accused persons], the child may be detained only for the shortest appropriate period of time, and the right to be -
   1. kept separately from detained persons over the age of 18 years; and
   2. treated in a manner, and kept in conditions, that take account of the child's age;
8. to have a legal practitioner assigned to the child by the state, and at state expense, in civil proceedings affecting the child, if substantial injustice would otherwise result; and
9. not to be used directly in armed conflict, and to be protected in times of armed conflict.

(2) A child's best interests are of paramount importance in every matter concerning the child.

(3) In this section 'child' means a person under the age of 18 years".

3.2 South Africa ratified the African Children's Charter on 7 January 2000 thus, binding South Africa to adhere and implement its content.

The African Children's Charter is inspired by the unique factors affecting the African child such as poverty, exploitation, armed conflict and natural disasters.

The African Children's Charter supplements the CRC by outlining additional specific rights such as the importance of children to families and communities and the responsibilities of children as set out in Article

31 of the African Children's Charter. The African Children's Charter is therefore, an important instrument to advance the implementation of the CRC in communities.

4. IMPLICATIONS OF THE STRATEGY

The implications of the strategy are as follows:

1. Strengthening of existing services and the development of new services.
2. Aligning and implementing of national policies and legislation according to international obligations.
3. Ensuring adequate human and financial resources inter-sectorally.
4. Strengthening and promoting inter-sectoral partnerships.
5. Efficient provisioning of budget allocations on an inter-sectoral level to address poverty eradication effectively.
6. Services should focus on prevention and early intervention.

5. APPROACH

The approach of an effective child protection system in South Africa is based on a holistic, inter-sectoral and multi-disciplinary partnership on national, provincial and local levels.

5.1 Vision

A society in which children are enabled to achieve their full adult potential by growing in a secure, stable and loving environment which ensures adequate nutrition, good health, physical and emotional security, and the opportunity to develop physically, intellectually, emotionally and socially.

5.2 Mission

To protect children against all forms of abuse, neglect and exploitation through accessible, integrated and co-ordinated services, focusing on primary, secondary and tertiary prevention, intervention and rehabilitation based on a multidisciplinary and intersectoral approach.

6. PRINCIPLES FOR PROTECTING CHILDREN

The following principles are based on the CRC:

• Diversity

Services to children, their families and communities should respond to the diversity of their cultural background and of the circumstances in which the child, family and community find themselves.

• Accountability

Everyone who intervenes with children and their families should be held accountable for the delivery of an appropriate and quality service.

• Empowerment

The resourcefulness of each child and his/her family should be promoted by providing opportunities to use and build their own capacity and support networks and to act on their own choices and sense of responsibility.

• Participation

Children and their families should be actively involved in all the stages of the intervention process.

• Family-Centred

Support and capacity building should be provided through regular developmental assessment and programmes which strengthen the families development over time.

• Services

Children and their families should have access to a range of differentiated services and/or programme/s appropriate to their individual developmental and therapeutic needs.

• Integration

 Services to children and their families should be holistic, inter-sectoral and delivered by an appropriate multi-disciplinary team wherever possible.

• Continuity of Care

The changing social, emotional, physical, cognitive and cultural needs of children and their families should be recognised and addressed throughout the intervention process. Links with continuing support and resources, when necessary, should be encourage after disengagement from the system.

• Effective and Efficient

Service provision to children and their families should be rendered in the most effective and efficient way possible.

• Child Centred

Positive developmental experiences, support and capacity building should be ensured through regular developmental assessment and programmes which strengthen the child's development over time.

• Rights of Children

The rights of children as established in the CRC, African Children's Charter and The Constitution shall be protected.

• Restorative Justice

The approach to children in conflict with the law should focus on restoring societal harmony. A child older than seven years is criminally responsible and should be held accountable for his or her actions and where possible make amends to the victim.

• Appropriateness

All services to children and their families should be the most appropriate for the individual, the family and the community.

• Family Preservation

All services should prioritise the goal to have children remain within the family and/or community context wherever possible. When a child is placed in alternative care, services should aim to retain and support communication and relationships between the child and his/her family (unless proven to not be in the child's best interests), and maximise the time which the child spends in the care of his/her family.

• Permanency Planning

Every child in alternative care should be provided within the shortest time possible with the opportunity to build and maintain lifetime relationships within a family and/or community context.

7. STRATEGIC POINTS OF DEPARTURE

7.1 Rights

• The fundamental rights of children must be upheld regardless of where they find themselves.
• The right of the child to protective intervention when the family cannot or will not meet his/her basic needs or protect him or her from harm.
• The family is the basic unit of society and children need to grow up in nurturing and secure families to ensure their survival, development and protection.
• A child should have the right to protection against abuse, neglect and exploitation within his/her immediate environment, especially the family, school and neighbourhood.

7.2 Services

• All services should be child and family centred.
• All sectors should co-ordinate their services, approaches and procedures.
• Services should strengthen children, families and communities.
• One stop 24-hour services should be available.
• Interventions should have emphasis on empowerment, capacity building, family and community involvement and responsibility.
• Children should be protected on all levels of service delivery.
• A broad range of services should be available and accessible to children and families in different circumstances.
• Service delivery should have an intersectoral and multi-disciplinary approach.
• Service providers at different levels dealing with child protection are qualified, trained and competent.
• An inter-sectoral, co-ordinated reporting system on child abuse, neglect and exploitation should be effectively maintained.
• The degree of confidentiality regarding reporting of cases will be governed by the need to protect the child.
• Ethical and statutory codes pertaining to confidentiality and data protecting should not prevent the exchanging of information.
• Services should be developed to avoid secondary trauma.
• Providing of an adequate social security system.

7.3 Community responsibility

• The community has a responsibility for the well being of children and should remain alert to circumstances in which children may be harmed.
• Voluntary participation in social and community programmes will be actively encouraged and facilitated.

7.4 Data and research

• Establish and operate a national co-ordinated database and ongoing research.

8. GOALS

Government in collaboration with civil society to develop and promote the following on all levels:

8.1 Co-ordination and co-operation on an inter-sectoral level

• Establish international co-ordination and co-operation.
• Establish national co-ordination and co-operation.

8.2 Prevention

• Establish political commitment as a preventative action.
• Provide education in general, to children and families, communities, education institutions, health services, perpetrators, service providers and others.
• Develop effective information for dissemination.
• Develop, review and / or strengthen policies, legislation and programmes regarding prevention.

8.3 Early intervention

• Identify high risk children and to intervene early to prevent abuse, neglect and exploitation.

8.4 Protection services

• Develop, review or strengthen policies, legislation and programmes to protect children.
• Promote community mobilisation and advocacy to protect children.
• Mobilise specialised units or personnel among law enforcers and service providers to protect children.
• Promote services to protect children and to monitor abuse, neglect and exploitation of children.
• Establish safe shelters and one-stop services for children in order to protect and support child victims.
• Promote and co-ordinate poverty eradication programmes on an inter-sectoral basis.
• Establish an effective Social Security System.
• Ensure adequate resource allocation for child protection services.
• Provide comprehensive counselling and support services and facilities to child victims and their families.