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Summary: General overview of South Sudan's national legal provisions on children's rights, including guidance on how to conduct further research.
National laws on children's rights Status of the CRC in national law Article 9(3) of the Transitional Constitution of South Sudan provides that all rights and freedoms enshrined in international human rights treaties, covenants and instruments ratified or acceded to by the State form part of the national Bill of Rights. Under Article 104 of the Constitution, the Supreme Court is empowered to apply the rights within the Bill or Rights, and so also any rights within a ratified treaty. However, South Sudan is yet to sign or ratify the Convention on the Rights of the Child, so the Convention cannot be applied in domestic courts. Constitution: Part II of the Transitional Constitution of South Sudan includes a number of rights provisions that apply regardless of age, but a number of other provisions throughout the Constitution make specific reference to the rights children. Article 17 of the Constitution specifically enumerates “the rights of the child”, including but not limited to, the right to life, survival and development; to a name and nationality; to know and be cared for by his or her parents or legal guardian; and that his or her best interests be given paramount consideration in actions concerning the child. A number of other provisions throughout the Constitution also make reference to the rights of children: Article 16(4)(c): requires government to provide maternity, child and medical care for pregnant and lactating women. Article 29: requires all levels of government to ensure free and compulsory education at the primary level and a free illiteracy eradication programme. Article 33: provides that ethnic and cultural communities have a right to raise their children within the context of their respective cultures and customs in accordance with the Constitution and law. Article 38(2)(b): requires the national government to avail the necessary financial resources to make secondary and higher education affordable in order to bridge the educational gap caused by the collapse of educational services during the years of conflict. Article 39(3): provides that it is the right and duty of parents to care for and bring up their children. Article 39(4): provides that children shall not be separated from their parents or persons legally entitled to care for them against the will of those parents or such persons, except in accordance with the law. Article 40: provides that all levels of government shall adopt polices and provide facilities for the welfare of children and youth and ensure their moral and physical development and protection from moral and physical abuse and abandonment. Schedule B(19): places pre-school, primary and secondary education within the exclusive legislative and executive powers of the State Legislation: despite the fact that South Sudan has not yet signed or ratified the Convention on the Rights of the Child, the Child Act addresses many of the rights within the Convention and requires the Child Commission to monitor national compliance with the Convention on the Rights of the Child. Other legislation that specifically addresses children's rights includes, but is by no means limited to: The Child Act 2008 The Penal Code Act 2008 The Code of Criminal Procedure Act 2008 The Prison Service Act 2011 The Civil Procedure Act 2003 The Human Rights Commission Act 2013 The Refugee Act 2012 Legal Research The website of the Government of South Sudan provides access to the full texts of national legislation (http://www.goss-online.org/magnoliaPublic/en/Laws--Legislation--Policies.html) and the Transitional Constitution of South Sudan is available through the website of the Sudan Tribune (http://www.sudantribune.com/IMG/pdf/The_Draft_Transitional_Constitution_of_the_ROSS2-2.pdf). In addition, the GlobaLex project at New York University has published a guide to legal research in South Sudan, as well as the texts of enacted legislation (http://www.nyulawglobal.org/Globalex/South_Sudan.htm). The World Legal Information Institute ((http://www.worldlii.org/catalog/50020.html) and the U.S. Law Library of Congress (http://www.loc.gov/law/help/guide/nations/southsudan.php) both provide access to a selection of legal and governmental resources. Case Law CRC Jurisprudence Please contact CRIN if you are aware of any cases in national courts that reference the Convention on the Rights of the Child. Case Law Research Explanations of the courts of South Sudan are available through the GlobaLex project at New York University (http://www.nyulawglobal.org/Globalex/South_Sudan.htm) and the Gurtong website (http://www.gurtong.net/Governance/JudiciaryofSouthSudan/tabid/344/Default.aspx). Please contact CRIN if you are aware of any online resources that provide access to the judgments of the courts of South Sudan. Compliance with the CRC South Sudan has not signed or ratified the Convention on the Rights of the Child and so has not reported to the Committee on the Rights of the Child. Current legal reform projects Please contact CRIN if you are aware of any current legal reform projects.