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A Study on the Protection of the Child Right of South Africa

Author: ChenXiaoFang
Tutor: CaoYanZhi
School: Xiangtan University
Course: Legal
Keywords: South Africa Rights of the Child Protection
CLC: DD912.1
Type: Master's thesis
Year: 2011
Downloads: 117
Quote: 0
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Abstract


The 1989 United Nations Convention on the Rights of the Child requires special legislation to protect the rights of children, and to establish the basic principles of protection of the rights of the child - the child's best interests principle, South Africa is one of the signatories. South Africa is the most economically developed countries in Africa, and one of the better child welfare system in the world. Since the birth of a new democratic South Africa in 1994, the children's rights in South Africa to protect the legislative process to speed up South Africa to learn from international rights of the child protection legislation advanced experience, quickly advancing South Africa the rights of the child protection legislation, the provisions made in today's world is more advanced in terms of protection of children's rights. In 1996, the South African Constitution established the principle of the best interests of the child, and on this basis the provisions of the South African children enjoy eight basic constitutional rights. Based on the best interests of the child principle established by the Constitution of South Africa, the South African Children's Act provides for the rights and obligations between parents and children, and the implementation of the national rights of the child protection register system; in child adoption and foster care to make a more specific and operational regulations, rights and obligations for both the rights and obligations of the South African society there are a large number of children born out of wedlock, children with AIDS infected and street children \The children infected health protection measures, as well as to control the spread of AIDS such as the specific provisions. South African Children's Act also explicitly called for the establishment of children's rights to protection of the specialized agencies, such as the establishment of child care, health care and social service agencies, is responsible for the implementation of children's rights law. The perfection of the system of protection of children's rights in South Africa, and to prevent and reduce the phenomenon of parents of child abuse and neglect of children's rights protection, and provide strong legal support for the social stability of the newly formed Republic of South Africa. However, South Africa is a mixed legal system countries, common law and customary law coexist Southern illegal both advanced legal system, but still subject to traditional customary law in South Africa influenced, especially left over from the apartheid policies of the \The sequelae to bring a lot of negative impact on the real implementation of the protection of children's rights in South Africa. Today, South Africa is the country with the highest incidence of rape in the world, rape victims, including children and babies, the HIV virus to the girls and even children spread further expand the scope of the spread of HIV. Despite the protection of children's rights in South Africa, the legislation has yet to be further improved, but look at the whole system, the South African children's rights protection legislation is more comprehensive and state-of-the-art. Therefore, the lack of legislation for the Rights of the Child Protection in China, the country should learn from South Africa's advanced legislation, combined with China's national conditions, China's illegitimate child, parental abuse and neglect of children, street children, and our children's services agency legislation to be perfect.

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