South Africa

Abstract

The Bill of Rights in the South African Constitution contains a powerful children’s rights clause, the wording of which was shaped by the Convention on the Rights of the Child (CRC). Since the introduction of the Bill of Rights, the CRC has continued to wield influence through litigation. This chapter describes the favourable climate for child rights litigation provided by South Africa’s constitutional democratic legal order, including progressive rules on standing, costs, and the obligation on the courts to consider international law in Bill of Rights cases and to prefer an interpretation compatible with it. The courts have embraced the CRC to the extent that a description of every case mentioning it is beyond the scope of this chapter. Cases where the CRC was clearly evoked and had an influence on the outcome of cases are discussed according to thematic groups. The courts have also used the African Charter on the Rights and Welfare of the Child, as well as UN guidelines, resolutions and general comments. The chapter concludes by observing that these sources of international law create a rich store of ideas for child rights litigators to bring before the courts, ideas to which the courts fortunately appear to be receptive.