Concluding Observations and Recommendations on the First Periodic Report of the Republic of South Africa

Summary: This report compiles all mentions of children's rights in the Concluding Observations of the African Commission on Human and Peoples' Rights.

Last Examined: 21 November - 05 December 2005

The Report was presented by the Minister of Justice and Constitutional Development of South Africa, and Head of Delegation of South Africa to the 38th Ordinary Session of the African Commission.

The Commission commended South Africa regarding:

• The decision to provide free Anti-Retroviral drugs to HIV positive pregnant women. (Paragraph 15)

The Commission raised concerns about:

• The high incidence of sexual violence against women and children. (Paragraph 22)
• That professional groups; children, parents, and the public at large, are generally not sufficiently aware of the African Charter and the African Commission.(Paragraph 23)

Matters for follow-up included:
Juvenile Justice
a. The status of the Review of the Child Care Act, 1983 (Act 74 of 1983);
b. The Children’s Broadcasting Forum; and
c. The South African Law Commission Report on Juvenile Justice.

The Commission recommended that South Africa :

• Ensure that the provisions of the African Charter are widely known and understood by adults and children alike, in both rural and urban areas. In this regard, it encourages the State Party to intensify efforts for the effective implementation of the African Charter and make it available in local languages.(Paragraph 28)
• Undertake studies with a view to designing and implementing appropriate policies and measures, including care and rehabilitation, to prevent and combat the sexual exploitation of children. (Paragraph 31)
• Take all appropriate measures to ensure that the rights of children belonging to minority groups, including the Khoi-Khoi and San, are guaranteed, particularly those rights concerning culture, religion, language and access to information. (Paragrah 32)