The controversial Children’s Bill has been resubmitted to Parliament, but children’s rights groups say the Bill still has holes that leave children vulnerable. The Bill involves only national stipulations concerning parental rights and duties, the rights of children, surrogate motherhood, adoption and child courts. Another Bill on implementation within the provinces will be tabled before the new Parliament after elections.
”Some steps need to be taken now rather than later,” explained Ministry of Social Development spokesperson Mbulelo Musi, adding that the debate on complex implementation issues and cost should not be allowed to delay assistance to children now.
However, child rights lobbyists say they are disappointed and deeply concerned that the proposed law will not be properly dealt with — because Parliament is under pressure to complete legislation before the elections.
”They are rushing it for political reasons and it’s not in keeping with children’s rights. The Children’s Bill has holes in it and it is not very good for children,” said Paula Proudlock, manager of the child rights programme at the University of Cape Town’s Children’s Institute, commenting on behalf of the National Children’s Bill Working Group.
Public hearings in Parliament have been scheduled for next month, not long after the Bill was retabled, primarily for technical reasons.
When it was initially submitted in November 2003 it included both national and provincial aspects. But Parliament cannot deal with such ”mixed Bills”. If proposed legislation impacts on provincial functions, the provinces are entitled to hold public hearings. The Bill was referred back to the ministry on January 19.
In the making for over six years, the Children’s Bill has been sharply criticised by child rights activists as having been ”mutilated” by the removal of key sections — including a chapter expressly stating various government departments’ responsibilities towards children — and falling short of ensuring that minors do not fall through the gaps of the social security net.
The original draft law by the South African Law Commission recommended the legal recognition of child-headed households — that all children (not only those aged 14 and younger) receive grants and that the age of majority be raised to 18.