Constitution of South Africa

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SA Constitution (Section 28) — "Every child has the right" :

28. (1) Every child has the right -
(a) to a name and a nationality from birth;
(b) to family care or parental care, or to appropriate alternative care when
removed from the family environment;
(c) to basic nutrition, shelter, basic health care services and social services;
(d) to be protected from maltreatment, neglect, abuse or degradation;
(e) to be protected from exploitative labour practices;
(f) not to be required or permitted to perform work or provide services that -
(i) are inappropriate for a person of that child’s age; or
(ii) place at risk the child’s well-being, education, physical or mental health
or spiritual, moral or social development;
(h) not to be detained except as a measure of last resort, in which case, in
addition to the rights a child enjoys under sections 12 and 35, the child
may be detained only for the shortest appropriate period of time, and has
the right to be -
(i) kept separately from detained persons over the age of 18 years; and
(ii) treated in a manner, and kept in conditions, that take account of the
child’s age;
(j) to have a legal practitioner assigned to the child by the state, and at state
expense, in civil proceedings affecting the child, if substantial injustice would
otherwise result; and
(k) not to be used directly in armed conflict, and to be protected in times of armed
(2) A child’s best interests are of paramount importance in every matter concerning the child.
(3) In this section “child” means a person under the age of 18 years.

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