Chapter 13 - Children in need of special protection - Children's ...

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563regulate the system of support whether in grant or other form.Childline Family Centre agreed with the recommendations made. The respondent alsohighlighted the following problems relating to child-headed households: That it is in the bestinterests of siblings who have collectively suffered the loss of parental care, to continue to havethe support and relationship of the sibling group wherever possible. The respondent submittedthat more thought should be given to how child-headed households can materially andpsychologically be supported and given access to resources to facilitate their survival in both thephysical and psychological sense, without compromising the development and particularly theeducation of the older caretaker sibling(s), and without exposing the caretaker siblings toexploitative labour and/or sexual practices. It is suggested that the training of district committeesmight be helpful in the latter regard. The respondent pointed out that the age at which, andconditions under which, caretaker siblings can assume the responsibility of sibling care, needsto be debated. Further, that it is essential for school policy to accommodate the educationalneeds of child-headed households and to provide for some flexibility within the schoolcurriculum and school hours, and to consider the provision of after-school care to relieve theburden of child caretaking on older siblings.Question 6 of Issue Paper 13 read as follows: ‘What are appropriate forms of alternativecommunity and cluster care options that will affect children who might be affected by HIV/AIDS?’The Johannesburg Institute of Social Services proposed that children's villages be consideredas an alternative to community and cluster care options. The Department of Health contendedthat families are an option, though there is a need for such families to be assisted. Mr DSRothman argued that specialist homes and places of safety are needed to accommodate theincreasing numbers of such children and should be subsidised by the State. The Durban Childand Family Welfare Society, however, felt that there should be no differentiation and that alloptions on the continuum of care could be appropriate.13.3.6.4 EducationIn the worksheet respondents were asked to comment on the following recommendations andalso to make specific suggestions as to how these issues might be tackled by legislation:• That the Draft National Policy on HIV/AIDS, for Learners and Educators in PublicSchools, and Students and Educators in Further Education and Training
564Institutions be supported by the Project Committee for the Review of the ChildCare Act, if they concur with its contents.• That the Minister of Education require the adoption of the HIV/AIDS policy as acondition for registration of independent schools in terms of section 46(2) of theSchools Act.No comments were received.13.3.7 Evaluation and recommendationsThe Commission takes the position that children who are ill with AIDS should as far as possiblebe enabled to remain in the care of their own families, including the extended family network,and failing this with caregivers in the community. Social assistance for sick children is a keyform of provision to promote family-based care. It is noted that South Africa, unlike certain othercountries, does not recognise chronic illness, including AIDS, as a form of disability. It isrecommended that family caregivers of children who are chronically and/or terminally ill,including those with AIDS, be eligible for specific social assistance to help them to meetthe special needs of such children. 64It is apparent that children who are HIV-positive are subject to discrimination in a variety ofcontexts. The Commission therefore recommends:• That the new children’s statute provide that no person may discriminate,directly or indirectly, against a child on the basis of his or her HIV status,unless this can be shown to be fair;• That the Department of Social Development, in similar vein to the NationalPolicy on HIV/AIDS for Learners and Educators in Public Schools, andStudents and Educators in further Education and Training Institutions,develop a national HIV/AIDS policy for places of care and residential carefacilities, and that the adoption of such policy, once finalised, be aprerequisite for the registration of such facilities;• That the South African Schools Act 84 of 1996 be amended to include theprovisions of the National Policy on HIV/AIDS for Learners referred toabove, as far as these relate to children;• That the Minister of Education require the adoption of the National Policy64 See also 13.1.4 and chapter 25 at 25.4 below.
Page 1 and 2: CHAPTER 13CHILDREN IN NEED OF SPECI
Page 3 and 4: 526consequently impaired’. The Ch
Page 5 and 6: 528Research shows, e.g., that orpha
Page 8 and 9: 531Although severely impoverished c
Page 10 and 11: 533perinatal mortality is associate
Page 12 and 13: 535Other leading notifiable causes
Page 14 and 15: 537three are related to the provisi
Page 16 and 17: 539adults in their family.The more
Page 18 and 19: 541children. As a consequence of an
Page 20 and 21: 543HIV-infected people than any oth
Page 22 and 23: 545· be experiencing discriminatio
Page 24 and 25: 54713.3.3.1 Promotion of Equality a
Page 26 and 27: 549· the extended family;· family
Page 28 and 29: 551· A continuing life-skills and
Page 30 and 31: 553· Independent living by orphans
Page 32 and 33: 555At present, despite active recru
Page 34 and 35: 557Institutional care is fairly wid
Page 36 and 37: 559• The concept of an ‘authori
Page 38 and 39: 561could be used as a basis for fur
Page 42 and 43: 565on HIV/AIDS for Learners referre
Page 44 and 45: 567support programmes.As the HIV/AI
Page 46 and 47: 56913.4.2 International and regiona
Page 48 and 49: 571The World Programme of Action Co
Page 50 and 51: 573(c)resources such as hearing aid
Page 52 and 53: 575Apart from legislation protectin
Page 54 and 55: 577There is also a lack of ECD serv
Page 56 and 57: 579· total ignorance;· being awar
Page 58 and 59: 581In America, the Vocational Rehab
Page 60 and 61: 583b) The Commonwealth Rehabilitati
Page 62 and 63: 585assistive devices free of charge
Page 64 and 65: 587inaccessibility force children w
Page 66 and 67: 58913.5 Child Labour 10213.5.1 Natu
Page 68 and 69: 591a) children prematurely enter th
Page 70 and 71: 593activity for children was fetchi
Page 72 and 73: 595play in the elimination of child
Page 74 and 75: 597Article 15 of the African Charte
Page 76 and 77: 599Every child has the right -...(e
Page 78 and 79: 601(a) who is under 15 years of age
Page 80 and 81: 603coordination in case-by-case int
Page 82 and 83: 605The Child Care Act lacks specifi
Page 84 and 85: 607inoperative in the labour contex
Page 86 and 87: 609to machines, and work in venues
Page 88 and 89: 158 Sections 58(3) and (4).611
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613the court, to enable them to sup
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615school regularly and who are sus
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617In addition the following defini
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619The proviso ‘where reasonably
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621With regard to the registration
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623In Nacala, Mozambique, the ADPP
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625(a) to beg; or(b) to accompany h
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627The Homestead (Projects for Stre
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629structures be funded?The Homeste
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631position in Zimbabwe, prohibit a
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633· The staff-child ratio is insu
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635matter. Provision should be made
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Commission thus recommends as follo
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639Begging is a time consuming acti
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641community undertaken by the appl
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643(a) children who are of school-g
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645(a) the halfway house is situate
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64713.7.2 Trafficking in children f
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649· revoking the eligibility of f
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651With regard to Thailand and the
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653should be evident that the new c
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655Research shows that South Africa
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657It is believed that child prosti
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659communities where HIV/AIDS anxie
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661In Japan, the Law for Punishing
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663child is in need of care. Indeed
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665depicted in child pornography, t
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667Children must also be protected
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669exploitation. Children should be
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