4. Under section 23 of the Constitution, provision for rights of children is made as follows: “(1) All children, regardless of the circumstances of their birth, are entitled to equal treatment before the law, and the best interests and welfare of children shall be a primary consideration in all decisions affecting them. (2) All children shall have the right to a given name and a family name and the right to a nationality. (3) Children have the right to know, and to be raised by, their parents. (4) All children shall be entitled to reasonable maintenance from their parents, whether such parents are married, unmarried or divorced, and from their guardians; and, in addition, all children, and particularly orphans, children with disabilities and other children in situations of disadvantage shall be entitled to live in safety and security and, where appropriate, to State assistance. (5) Children are entitled to be protected from economic exploitation or any treatment, work or punishment that is, or is likely to— (a) be hazardous; (b) interfere with their education; or (c) be harmful to their health or to their physical, mental or spiritual or social development.” 5. A child is defined as a person below the age of 16 years. Section 23 has been significantly improved since its enactment in 1994. The current provision covers issues of equality of children and has also introduced the principle of the best interests of the child as the primary consideration in all decisions that affect children. 6. Section 23 also provides for matters of identity for children and the right of a child to know and be raised by his or her parent. 7. Section 23 (4) has been extensively revised and now provides for reasonable maintenance of children by their parents and guardians. The State, under the same provision, has been obligated to providesafety and security and, where appropriate, assistance, to all children, especially orphans, children with disabilities and other children in situations of disadvantage. 5|Page