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
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