THE RIGHTS OF CHILDREN

Bregman Moodley Attorneys Inc provides specialised family law services that cover a broad spectrum of fields. In this case, we offer services that are focussed on the protection of children’s rights in any situation or context, to ensure that their development, education, finances, social, and home lives are properly ensured and protected.

Our services for children’s rights take a strong focus on Section 28 of the constitution of South Africa, which regards the rights of every South African citizen considered to be a minor (under the age of 18).

We are propagators of the fundamental rights of all minors in South Africa, and as such, seek to keep the following ones protected and enforced, regardless of the complexities of the contexts undermining such rights:

1. 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;
• to basic nutrition, shelter, basic health care services and social services;
• to be protected from maltreatment, neglect, abuse or degradation;
• to be protected from exploitative labour practices;
• not to be required or permitted to perform work or provide services that-
  • are inappropriate for a person of that child’s age; or
  • place at risk the child’s well-being, education, physical or mental health or spiritual, moral or social development
• not to be detained except as a measure of last resort, in which case, in addition to the rights a child enjoys under sections 12 and 35, the child may be detained only for the shortest appropriate period of time, and has the right to be-
  • kept separately from detained persons over the age of 18 years; and
  • treated in a manner, and kept in conditions, that take account of the child’s age
• to have a legal practitioner assigned to the child by the state, and at state expense, in civil proceedings affecting the child, if substantial injustice would otherwise result; and
• not to be used directly in armed conflict, and to be protected in times of armed conflict.

2. A child’s best interests are of paramount importance in every matter concerning the child.

We provide further reading with links to useful family law acts. Click on a link below to learn more…

Children Right Articles

Family Law Articles

CONTACT BREGMAN MOODLEY ATTORNEYS INC FOR DETAILS

If you would like to know more about our family law services related to the protection of children’s rights, be sure to get into contact with our Family Law specialist, Sasha Goldstein. Alternatively, for further details on our complete range of services, feel free to continue browsing our website for details.

sasha@bmalaw.co.za