rights framework to give effect to the rights of children in terms of the ACRWC and the CRC. The Act introduces the following legal innovations and /or amendments: 210.1 Section 3(a) of the act imposes a positive obligation on all parents to protect their children from neglect, discrimination, violence, abuse, exposure to physical and moral hazards and oppression. It further requires that all parents ensure that their children are not neglected in their temporary absence, during which time they are obliged to ensure they are cared for by a competent person. In the case of a toddler this may not be anyone younger than 15 years of age. The Act further provides that the State may assist them in the fulfilment of their duties in the case of need. 210.2 The Act expressly prohibits any person from subjecting a child to torture or other cruel, inhuman or degrading treatment or punishment including any harmful cultural practices which dehumanise or are injurious to the physical and mental welfare of a child. 210.3 Whilst the Act repeals the Corporal Punishment Act, it does not expressly prohibit all forms of corporal punishment. It prohibits and criminalizes the correction of children which is “unreasonable in kind or in degree according to the age, physical and mental condition of the child and no correction is justifiable if the child by reason of tender age or otherwise is incapable of understanding the purpose of the correction.” 210.4 The act prohibits and criminalizes customary practices that are harmful to a child’s health or well-being and expressly prohibits and criminalized child betrothals and marriages. 210.5 The act further mandates the National Commission for Children (established by the act) to engage in an ongoing process of review of customary law and practices related to children and to advise the GoSL as to necessary legal amendments and innovations to ensure their compatibility with the ACRWC and the CRC. 210.6 It further prohibits the use, by any person, of a child in any exploitative labour, which is defined as labour that deprives a child of his or her health, education or development and sets the minimum age for full time employment at 15. 210.7 It protects children from involvement in armed or any other kind of violent conflict and sets a minimum age of 18 years for recruitment into the armed forces and further prohibits the use of land mines or any other weapons declared adverse to children by international instruments; 210.8 The Act not only prohibits the preceding forms of abuse and/or exploitation, it also makes the commission of the acts a criminal offence subject to a maximum fine of Le 30 million and/or two years imprisonment. 210.9 Moreover, the Act encourages all children, parents and any other community member who may be concerned about the welfare and protection of a child to report the matter to the village or village child welfare committee 6. Family Environment and Alternative Care  57

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