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