Children's Act 38 of 2005
The Children’s Act comprehensively reformed the law relating to the care, protection, and welfare of children in South Africa. Enacted in 2005 and fully operational from 2010, it replaces the Child Care Act of 1983 and establishes the best interests of the child as the paramount consideration in all matters concerning the care, protection, and welfare of children.
Legal area: Law specifically protecting the rights and welfare of children.
Year enacted: 2005
Full text: https://www.gov.za/documents/south-africa-childrens-act-38-of-2005
Key Provisions
- Section 7: Best interests of the child standard
- Section 9: Children’s rights including the right to a name and nationality
- Section 110: Parental responsibilities and rights
- Part 4: Children in need of care and protection
- Part 7: Adoption of children
- Chapter 3: National Child Protection Register
Significance
The Children’s Act is the primary statute governing children’s welfare in South Africa. It gives effect to section 28 of the Constitution and the UN Convention on the Rights of the Child. The Act established the National Child Protection Committee and the National Child Register to prevent unsuitable persons from working with children.