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Title: | The child's right to social services, the right to social security, and primary prevention of child abuse: some conclusions in the aftermath of 'Grootboom' |
Author: | Sloth-Nielsen, J. |
Year: | 2001 |
Periodical: | South African Journal on Human Rights |
Volume: | 17 |
Issue: | 2 |
Pages: | 210-231 |
Language: | English |
Geographic term: | South Africa |
Subjects: | lawsuits constitutions 1996 child abuse social security |
External link: | https://doi.org/10.1080/02587203.2001.11827623 |
Abstract: | This paper explores some of the policy issues and choices that have to be made for municipal legislation on child protection in South Africa, and raises the question of whether a constitutional socioeconomic rights analysis derived from the judgment in 'Government of the Republic of South Africa v Grootboom' (2001) can be of assistance in this regard. Three constitutional rights form the particular focus of the paper: the right of everyone to have access to social security, including social assistance, as provided for in s 27 of the 1996 Constitution; the right of the child to social services, which is provided for as one of the range of children's rights in s 28(1)(c); and the rights of children to protection from abuse, neglect, maltreatment and degradation as provided for in s 28 (1)(d). Notes, ref., sum. |