REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA 372. During the period under review, the implementation of the Children’s Act, 2005 changed the terminology previously used in respect of children. It has also defined the parental rights and responsibilities that parents or other parties may have, and confers equal and joint guardianship status on parents of children born from marriage. The child’s best interest is a constitutional right of every child. In all matters concerning a child, the best interests of the child is paramount. The Act provides a list of factors that have to be considered when determining a child’s best interests. 373. The Children’s Act, 2005 came into force on the 1st July 2007. The parental responsibilities and rights that a person may have in respect of a child, include the responsibility and the right to care for the child, to maintain contact with the child, to act as guardian of the child; and to contribute to the maintenance of the child. The biological mother of a child, whether married or unmarried, has full parental responsibilities and rights in respect of the child. The biological father of a child has full parental responsibilities and rights in respect of the child if he is married to the child’s mother; or if he was married to the child’s mother at the time when the child was conceived (in other words, when the mother fell pregnant) or at the time of the child’s birth; or any time between these events. 374. Unmarried fathers have full parental responsibilities and rights in respect of the child if at the time of the child’s birth, he is living with the mother in a permanent relationship; or even if he is not living with the mother or has never lived with her, he is identified as the child’s father or pays damages in terms of customary law, contributes or has tried to contribute to the child’s upbringing for a reasonable period; and contributes or has tried to contribute towards the child’s maintenance for a reasonable period. 375. However, this does not affect the duty of a father to contribute towards the maintenance of the child. If there is a dispute between the unmarried father and the mother of a child regarding any of these conditions, the matter must be referred for mediation to a family advocate, social worker, social service professional or any other qualified person. 376. Both parents have a legal duty to support their children. Where children are not given reasonable care, then the court may remove the child from the parent’s care in terms of child care provisions. The duty of parents to support their children ends when the children become independent, for example when they marry, or when they become selfsupporting. If the children are not living with the mother or the father, the person who is looking after them can apply for maintenance from the parents. For example, if a child is living with the grandparents, the grandparents can apply to get maintenance from the father and the mother of the child. 377. When people become parents they have legal responsibilities and rights in respect of their children. Parents must give their children enough support to live at the same standard of living as the parents. This duty continues until the children are self- 106