Fierce as always when it comes to the rights of children, the Centre for Child Law (CCL) at the University of Pretoria once again has big plans to protect the rights of the young ones, which include paving the way for laws ensuring the right to access education for children with disabilities.
This children’s rights strategic litigation organisation fearlessly takes on the State or anyone who stands in their way as they seek to protect these rights.
Its director, Karabo Ozah, said some plans in the pipeline are to look towards streamlining the law regarding the protection of child victims and witnesses, children’s rights to environmental and climate justice, and birth registration.
The CCL does not only serve as a watchdog over the rights of children, but it frequently acts as a friend of the court, providing expert legal insights and arguments to assist judges in considering children’s rights and well-being.
In one of its latest victories - a case where they acted as a friend of the court - the court overturned the government’s plans to add 1 500 MW of new coal-fired power to the national grid as it impacted upon the rights of current and future generations.
The application was mostly in respect of the health rights of children, in which the CCL drew case law and international children’s rights during its arguments regarding the state’s constitutional duty towards children.
The CCL has, for almost 27 years, advanced its goal of making children’s constitutional rights a reality by contributing to the protection and implementation of children’s rights and the national legal framework for the benefit of children’s well-being in South Africa.
The centre’s work aims to establish systemic change and sustainable impact by developing the law to the benefit of children, Ozah explained.
The vision of the centre, as set out in its Constitution, is to establish child law and uphold the rights of children in South Africa, within an international and regional context, particularly insofar as these interests pertain to their legal position.
Their vision and mission centre around making children’s constitutional rights a reality, Ozah said.
“March is a month to commemorate human rights; however, in the current climate of a global pushback against human rights, children’s rights are not immune to challenges, both in so far as the content as well as the funding for the implementation thereof.”
Ozah said one of the key focuses this year is to engage in their work through strategic litigation, legal advice, law reform, research, and educational advocacy. This is done in a manner aimed at dispelling the notion that children have too many rights.
She pointed out that the Constitution guarantees that every child has the right to a name and a nationality from birth; to family care or parental care, or to appropriate alternative care when removed from the family environment.
Children also have a right to, among others, basic nutrition, shelter, basic health care services, and social services; to be protected from neglect, abuse or degradation and from exploitative labour practices.
“Children are also entitled to other constitutional rights such as the right to dignity, the right to education, and the right to privacy – just to mention a few. We are also of the view that society is responsible for providing a conducive environment for the realization of children’s rights and our failure to do so leaves children vulnerable.”
Therefore, Ozah said, the CCL continues to strive to make the rights of the most marginalised children a reality.