The Children’s Act, 2009, in addition to the Constitution, provides additional protection to the child’s right to life. It provides, inter alia, that a child shall not be sentenced to death in terms of the following provisions: Section 10 (1) provides that, “every child has an inherent right to life and that in order to ensure the enjoyment of this right, no person shall take any action or make any decision the effect of which will be to deprive the child of survival and development to the child’s full potential”; Section 89 (2) provides that, “A child convicted of murder shall not be sentenced to death”; and Section 89 (3) provides that, “A child charged with a capital offence other than murder shall, subject to the provisions of the Penal Code, be sentenced to imprisonment for such term as the court considers appropriate. ARTICLE 5 RIGHT TO RESPECT OF HUMAN DIGNITY, PROHIBITION OF SLAVERY; SLAVE TRADE; TORTURE CRUEL INHUMAN AND DEGRADING TREATMENT Botswana has legislative measures that protect the dignity of the person from childhood and prohibits slavery, slave trade, torture, cruel inhuman and degrading treatment: 1. RIGHT TO RESPECT OF HUMAN DIGNITY (a) CHILDREN: Section 11 of the Children’s Act protects the dignity of the child. It provides that every child has a right to a name, from birth, which neither stigmatises nor demeans the dignity of that child. This was the first time Government sought to regulate child-naming, thereby promoting the dignity of the child especially in instances where parents name children after their bad experiences. Sections 12(4) and 12(5) of the Children’s Act upholds the dignity of the child by making it mandatory for every child to know the identity of both parents thereby placing them at the same level with children born in wedlock. 32 | P a g e

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