The Childrens Act 38 of 2005 (Amended 2007)
INTERPRETATION
- “abuse”, in relation to a child, means any form of harm or ill-treatment deliberately inflicted on a child, and includes- (a) assaulting a child or inflicting any other form of deliberate injury to a child;
- “care”, in relation to a child, includes, where appropriate - discrimination, exploitation and any other physical, emotional or moral harm or hazards;
(4 respecting, protecting, promoting and securing the fulfilment of, and
guarding against any infingement of, the child’s rights set out in the Bill
of Rights and the principles set out in Chapter 2 of this Act;
- “child” means a person under the age of 18 years;
- “exploitation”, in relation to a child, includes - the removal of body parts;
- “neglect”, in relation to a child, means a failure in the exercise of parental
responsibilities to provide for the child’s basic physical, intellectual, emotional or social needs;
- “removal of body parts” means the removal of any organ or other body part from a living person in contravention of the National Health Act, 2003 (Act No. 61 of 2003);
The objects of this Act are-
(a) to promote the preservation and strengthening of families;
(b) to give effect to the following constitutional rights of children, namely-
(iv) that the best interests of a child are of paramount importance in every matter concerning the child;
In all matters concerning the care, protection and well-being of a child the standard that the child’s best interest is of paramount importance, must be applied.
The need to protect the child from any physical or psychological harm that may be caused by
(i) subjecting the child to maltreatment, abuse, neglect, exploitation or
degradation or exposing the child to violence or exploitation or other
harmful behaviour
Social, cultural and religious practices
(8) Circumcision of male children under the age of 16 is
prohibited, except when-
(a) circumcision is performed for religious purposes in accordance with the practices of the religion concerned and in the manner prescribed; or
(b) circumcision is performed for medical reasons on the recommendation of a medical practitioner.
OFFENSES
A person convicted of an offence in terms of subsection (l)(s) is, in addition to a sentence for any other offence of which he or she may be convicted, liable to a fine or imprisonment for a period not exceeding 20 years or to both a fine and such imprisonment.
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