III. AREAS OF CONCERN AND RECOMMENDATIONS A) General measures of implementation 5. The Committee, while commending the constitutional, legal and policy framework for the protection of children’s rights, encourages the Government to also consider taking other measures, such as community engagement and education, to promote and protect children’s rights. 6. The Committee notes with appreciation that South Africa has ratified International Convention on Economic, Social and Cultural Right (ICESCR) which immensely contributes to the realisation of socio-economic rights of children in the State Party. However, the Committee notes with concern that the Government has made a reservation to this Convention the result of which is a state of events where the right to basic education is made progressively realisable. The Committee, therefore, encourages the State Party to consider withdrawing this reservation so that basic education is made immediately realisable, as is also requireed by Article 11(3) (a) of the African Children’s Charter. Moreover, the Committee encourages the Government of South Africa to consider ratifying the Third Protocol to the Convention on the Right of the Child on a Communication Procedure. 7. The Committee notes with appreciation that the South African Human Rights Commission (SAHRC) has designated one commissioner to handle issues of children's rights. However, the Committee notes with concern about reports that the amount of budget allocated to children’s right issues by the SAHRC is declining. As the Committee understood from the Government’s response to list of questions submitted to it following the preliminary examination of the first Periodic State Party Report of South Africa, the SAHRC allocated R376, 177 in 2017 and R 63 286.80 in 2018 to office of Commissioner dealing with issues of children’s right to promote children’s rights in the Country. This decline seriously hampers the SAHRC’s efficacy to discharge its mandate of protecting and promoting children’s right in South Africa. On this basis, the Committee recommends to the Government of South Africa to allocate adequate and specific budget targeting children’s right to the SAHRC to enable it play an effective role in the protection and promotion of children’s rights in the country. Furthermore, the Committee reiterates its previous recommendation to give due consideration to various options, including the possibility and added value of establishing a Children's Ombudsperson. B) Definition of a child 8. The Committee appreciates the fact that the South African Constitution and the Children’s Act define a child as ‘any person below the age of 18’. However, the Committee observed that the definition of the child under civil, customary and common law is not yet harmonised in a way that is consistent with the African Children’s Charter. In this regard, the Committee reiterates its previous 3

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