“There are tons of kids out there who endure chronic abuse and suffer in silence. They can’t trust anyone, they can’t tell anyone, and they have no idea how to get away from it.”[1]
Aggression, Violence and Viciousness against children is a universal and prevalent phenomenon which has been seen to be the most heinous acts against a child.
There is a moral and legal duty to protect children in general which is explicitly addressed in the South African Constitution.
Section 28(1)(d)[2] holds that ‘every child has the right to be protected from maltreatment, neglect, abuse and/or degradation’. The Children’s Act No. 35 of 2005 and its amendment 41 of 2007 addresses children’s rights in its entirety. Section 110 specifically deals with the protection of children and resonates with the UN Convention and the AU Charter on the protection of children’s rights. All persons, including the professional sectors[3] have a duty to report any child abuse, neglect or maltreatment that is suspected on reasonable grounds to:
- a designated child protection organisation;
- the provincial department of social development; or
- a police official. [4]
If the reporting is done in good faith and substantiated to the relevant authorities, there will be no civil liability as a result of their reporting. The SA legislation regulating mandatory reporting is progressive and complies with international conventions for the prevention of child abuse and the protection of children.
[1] C. Kennedy
[2] Children’s Act 38 of 2005.
[3] ‘Any correctional official, dentist, homeopath, immigration official, labour inspector, legal practitioner, medical practitioner, midwife, minister of religion, nurse, occupational therapist, physiotherapist, psychologist, religious leader, social service professional, social worker, speech therapist, teacher, traditional health practitioner, traditional leader or member of staff or volunteer worker at a partial care facility, drop-in centre or child and youth care centre’ to report when they suspect that a child has been abused ‘in a manner causing physical injury, sexually abused or deliberately neglected’. Ordinary citizens are given the discretion to report abuse but are not compelled to do so in terms of section
[4] Section 110(1) of the Children’s Amendment Act
(This article is provided for informational purposes only and not for the purpose of providing legal advice. For more information on the topic, please our offices.)
