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       110. The Children’s Act, 2005333 gives effect to certain rights of children as contained in the Constitution and sets out principles relating to the care and protection of children. The Older Persons Act, 2006334 provides for the protection of older person from violence of all forms including from intimate partners, abuse and neglect. The Criminal Law (Sentencing) Amendment Act, 2007335 provides that certain circumstances shall not constitute substantial and compelling circumstances justifying the imposition of a lesser sentence when a sentence must be imposed in respect of the offence of rape. The Criminal law Amendment (Sexual Offences and Related Matters) Act, 2007336 seeks to protect women and children by, inter alia, criminalizing a wide range of acts of sexual abuse and exploitation. It repeals the common law offence of rape and replaces it with a new expanded statutory offence of rape, applicable to all forms of sexual penetration without consent, irrespective of gender. It also repeals the common law offence of indecent assault and replaces it with a new offence of sexual assault, which contains a wider range of acts of sexual violation without consent. Moreover, the Act targets for punishment sexual predators that prey on children and people with disabilities. It criminalizes sexual exploitation or grooming of children and people with disabilities, exposure or display of child pornography or pornography to children and the creation of child pornography. The Protection from Harassment, 2011337 aims to protect victims of harassment (including sexual harassment), in order to put into effect the right of all people in South Africa to be free from all forms of violence from either public or private sources. The Prevention and Combating of Trafficking in Persons Act, 2013338 protects women and children from trafficking and related unlawful acts. The legislation fulfils the objectives to provide for an offence of trafficking in persons and other offences associated with trafficking in persons to prevent and combat the trafficking in persons within or across the borders of the Republic; to provide for measures to protect and assist victims of trafficking in persons; and to provide for the establishment of the Intersectoral Committee on Prevention and Combating of Trafficking in Persons and the criminalization of practices resulting in forced and early marriages and harmful cultural and traditional practices such as Ukuthwala. It has also the effect of domesticating the UN Protocol to Prevent, Suppress, and Punish Trafficking in Persons. South Africa has adopted an integrated approach to the management of violence against women and children. It has established an Inter-Departmental Management Team (IDMI) which is a multidisciplinary expert team, established in 2005 to design and implement programmes aimed at addressing gender-based violence. Its programmes were integrated in the objectives of the National Crime Prevention Strategy, which, with evolution of crime approaches, resulted in the adoption of the Justice Crime Prevention Strategy. This strategy has several components, including 333 Act No. 38 of 2005 Act No. 13 of 2006 335 Act No. 38 of 2007 336 Act No. 32 of 2007 337 Act No. 17 of 2011 338 Act No. 7 of 2013 334 167

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