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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
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.ISNI
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
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.
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