recommendation where the it strongly recommended that the Government of
South Africa harmonize the definition of the child under civil, customary, and
common laws in line with article 2 of the Charter and to ensure the effective
implementation of article 21(2) of the Charter which prohibits child marriage and
sets the minimum age for all types of marriages to be set at 18.
C) General Principles
i. Non-Discrimination
9. The Committee notes with great concern that Migrant children and children of
foreign parents in South Africa are discriminated against and face xenophobia from
their peers, teachers and are sometimes barred from accessing schools and other
basic services because of reported illegal entry or stay in the country. The
Committee has learned that at the beginning of each school year, a number of
groups of children including undocumented migrant children, documented refugee
and asylum seeker children are denied admission to school. The Committee also
notes with concern that the barriers and/or denial of service to these children is not
limited to education and includes healthcare, child protection services, and birth
registration services. Therefore, the Committee reiterates its previous
recommendation and calls upon South African government to eliminate all forms
of discrimination against these groups of children by avoiding defacto and de jure
barriers hindering them from accessing basic services such as education, health
care, birth registration, child protection services and so on. In particular, the
Committee urges the Government of South Africa to take legislative and other
necessary measures to ensure that asylum seekers, migrant, refugee and
stateless children access basic services without requirement of presenting
document.
II.
Best interests of the child
10. The Committee notes with appreciation the State Party’s Report on the effort that
the Government is employing to consider the principle of best interest of the childin
matters of criminal procedure, as well as the manner in which the principle is used
by the judiciary, among others. However, the Committee notes with concern the
lack of information of efforts made by the Government in other areas to ensure that
the best interests of the child are always considered. Thus, the Committee
recommends that the Government survey other areas and document the efforts
made, as well as their results and provide information to the Committee in the next
periodic State Party report.
III.
The Right to Life, Survival and Development
11. The Committee appreciates that the Government has developed and rolled out the
National School Safety Framework (NSSF), which is a tool for School Management
Teams (SMT) and School Governing bodies (SGBs) for promoting holistic safety
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