| Popis: |
LLM (International Child Law), North-West University, Potchefstroom Campus The existence of the plight of street children is a clear violation of children’s human rights. Children across the world find themselves on the street for various reasons. Specifically, in South Africa, the main push and pull factors that contribute to children winding up on the streets include economic poverty; high unemployment rate; HIV and AIDS; abuse; neglect; and familial breakdown, to name but a few. Street children represent a vulnerable group of children or those in the most difficult circumstances in need of care and protection. Once on the street, these children become victims of violence and abuse due to the nature of street life. They are deprived of a healthy childhood as being on the street means that they spend most of their young lives trying to survive and taking care of themselves — this should be the responsibility of their parents and family. Hence, they do not have the time for leisure and to be children. The violence and abuse suffered on the streets are a violation of these children’s rights, exemplifying the government’s failure to guarantee and protect these children from further harm. Difficulties in establishing a universal definition of who street children are, have somehow created confusion for the State, which often leads to street children not being included in policy conceptualisation and their needs going unmet. This has also led to the stigma regarding street children as they are misunderstood and mistreated or discriminated against by society. Notably, the needs and circumstances of these children must be understood to ensure a positive response by the government and society as a whole. These are the future leaders and need to be nurtured to become better citizens without having to live the traumatic experiences of being unprotected and vulnerable on the streets. Most of these children who find themselves in the street situation have either lost their parents or have lost connection with their families. Once on the streets, they are the responsibility of the State, and State has certain obligations to ensure that the rights of these children are protected, promoted, and fulfilled. This has been done through ratifying international treaties applicable to all children, including street children, such as the United Nations (UN) Convention on the Rights of the Child; regional law, such as the African Charter on the Rights and Welfare of the Child; national laws, such the Constitution of the Republic of South Africa, 1996 and the Children’s Act 38 of 2005; and policies, such as White Paper for Social Welfare services (1997) and National Child Care and Protection Policy (2019). These legal frameworks are, however, not clear on addressing the needs of street children and at times do not guarantee these children the same protection as other children. This dissertation explores the plight of street children, the existing legal frameworks, and whether they adequately protect the rights of street children, as well as the extent of the State’s obligation regarding the rights of street children. |
