18. In 2011, the Law Commission concluded the development of legislation on Trafficking in Persons which seeks to especially protect women and children from a form of modern day slavery termed “human trafficking’. The Trafficking in Persons Bill seeks to provide among other things for protection of victims and witnesses of human trafficking, especially children by punishing the demand side of human trafficking. 19. In 2012, the Disability Act was passed into law, which comprehensively provides for rights of persons with disabilities 20. In 2013, the National Assembly passed the Gender Equality Act which among other things, seeks to prohibit commission of, engagement in, subjecting another person to or encouraging commission of a harmful practice. A harmful practice is a cultural, customary, traditional, social or religious practice that discriminates against a person purely on account of the victim’s sex, gender or marital status. Article 2: Definition of a Child For the purposes of this Charter, a child means every human being below the age of 18 years. 21. The ACRWC defines a child as a person who is below the age of 18 years. In the Constitution, there is no broad definition of a child. The provision where a child is defined remains section 23, where a child is defined only for purposes of that section. Under the Constitutional Amendment Act of 2010, section 23 provides as follows: “(6) For purposes of this section, children shall be persons under the age of sixteen years.” 22. It must be noted that section 23 of the Constitution falls within the Scheduled provisions of the Constitution which need a more rigorous process for amendment. The 2010 amendments were a result of a Technical Review of the Constitution concluded in 1998 by the Law Commission. Clearly, at Constitutional level, there is variance with the ACRWC which can only be concluded if the rigorous process is undertaken. 23. A number of law reform processes have sought to propose the age of a child in line with the ACRWC. The major reform programme on child rights concluded in 2006 and its recommendations were enacted under the Child Care, Protection and Justice Act (Act No. 22 of 2010). The Child Care, Protection and Justice Act provides that the age of a child is 8|Page