Children - Legal advice PDF Print E-mail

Legal Advice for Children      

Here you can find out more about the law in any of the following situations. For example, what are your rights at school, or what are your rights if you have broken the law? These are just general outlines.

Please contact us if you have any questions, or require more assistance.

Dr  Ann Skelton
Tel:  +27 12 420 4502
Fax: +27 12 420 4499
Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Breaking the Law

You need to remember that if you are in trouble with the law that you still have the right to be treated fairly and with respect. This includes being given the opportunity to get your life back on track, and to make the wrong that you have done right. The first offence may result in a reprimand, warning, diversion or charge.

Your rights include:

  • Not being tortured or, punished in a cruel inhumane way; and no person under the age of 18 may be given the death penalty or life imprisonment without possible release. But in South Africa there is no death penalty anymore.
  • Not being detained or imprisoned without good reason.
  • Should you be put in prison you must be treated with dignity and respect, you must be kept separate from adults, and your privacy must be respected.
  • You should be kept in prison for the shortest possible time. This means that you should be allowed legal help as soon after arrest as possible, and given a fair trial in court, if you are charged.

You need to also remember that you have the right to be seen as innocent until you have been proven guilty. You cannot be forced to speak in court, or forced to say that you are guilty. You are also allowed to question people who give evidence against you, call a person to give evidence on your behalf, and have everything that is said in court explained to you in a language that you understand.

This is a very brief overview of your rights when in trouble with the law.

Protection from Abuse     

You have a right to be protected from any kind of abuse, from anyone who might try to hurt you physically or emotionally.

This includes being protected from exploitation – for example where you are forced to work for little or no money.

You should also be protected from any sort of sexual abuse. This includes watching pornographic material, being forced to take part in a sexual act (like being touched in a place you don’t want to be touched, or being asked to touch someone else), being forced to have sex with someone else, or even being forced to become a prostitute.

This could be caused by someone you know very well. But it is still not right. It is okay to say no, and it is better to tell someone you can trust, as soon as possible. Remember, that you are not to blame.

 

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Latest News

11 August 2017

Law concerning child's biological origins under scrutiny

DNA 1

In November 2016, the CCL obtained a judgment from the Constitutional Court concerning surrogacy and the child's right to know their biological origins. The CCL had argued that the genetic link required for a surrogacy in South Africa should remain, as this would allow the child to know an aspect of their biological origins, as protected in international law.

The same issue is now being debated by the South African Law Reform Commission who has asked for comments from the public. The CCL will submit comments to the SALRC at the end of this month.

Read newspaper articles on the issue here:

"The child and the egg" - 10 August 2017

"New report hots up debate on anonymity of sperm donors" - 31 July 2017

"Should sperm or egg donors remain anonymous?" - 30 July 2017

 

 

10 August 2017

Unconstitutional funding cuts to schools

High Court Picture

The Legal Resources Centre, on behalf of the Centre for Child Law and an Eastern Cape school, have launched an application in the Grahamstown High Court to declare the decision made by the Eastern Cape Department of Education to stop funding learners without identity documents, passport or permit numbers unconstitutional. Read more here: http://bit.ly/2urckkN

Centre for Child Law