3. States Parties shall undertake to provide whenever possible, material assistance to such children and to direct their efforts towards the elimination of all forms of discrimination and Apartheid on the African Continent. 33.The main prohibition of discrimination in the Constitution is provided for under section 20. Section 20 has listed a number of grounds under which discrimination is prohibited including “race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, disability, property, birth or other status or condition”. More importantly, section 20 (2) provides for enactment of legislation that addresses inequalities in society and prohibits discriminatory practices and the propagation of such practices. It also provides that such practices may render such practices criminally punishable. 34. With respect to children, the Constitution in section 23 provides that all children are entitled to equal treatment before the law regardless of the circumstances of their birth. Section 23 of the Constitution constantly uses the term “all children” notwithstanding that in other instances, the term “children” is used. 35. In order to ensure that other legislation conforms to the Constitutional provision against discrimination, the Child Care, Protection and Justice Act provides for, as a duty and responsibility by the parents or guardians, protection from discrimination. Several pieces of legislation also provide for prohibitions against discrimination. Already enacted are the Disability Act and the Gender Equality Act. 36. The Gender Equality Act prohibits the practice of what have been termed harmful practices on account of gender, sex or marital status. The practices may be customary, traditional, religious or social in nature. The Gender Equality Act also prohibits sex discrimination and sexual harassment. Contravention of the provisions making these prohibitions is punishable by criminal sanctions. 37. The proposed Trafficking in persons Bill is based on the United Nations Convention against Transnational Organized Crime whose Protocol on preventing and suppressing trafficking in persons, specially identifies women and children. In the proposed Bill, children are persons under the age of 18 years. 11 | P a g e