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

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567support programmes.As the HIV/AIDS pandemic spreads, child-headed households will be come a familiarphenomenon. Despite their serious drawbacks, these arrangements have the advantage ofenabling siblings to remain together and provide mutual support, while also providing forcontinuity of relationships with and support from their local community. For this reason, theCommission recommends:• that legal recognition be given to child-headed households as a placementoption for orphaned children in need of care, provided that any courtmaking such an order is satisfied that suitable adult support will beavailable. Support structures, e.g. regular visits by community workersshould be put in place to ensure the survival of child-headed households.• that support rendered to child-headed households be designed to ensurethat the child at the head of the household is not forced to abandon his orher education by taking up adult responsibilities.• that the Departments of Health, Education and Social Development, withthe assistance of the Treasury, be tasked to budget specifically forprogrammes to support child-headed households.The issue of at what age and under what conditions a child may head a household was notdebated, and the Commission invites comments in this regard.A child at the head of a household will need some form of recognised parental responsibilityover the younger siblings in order to perform certain tasks, e.g. giving consent to a medicaloperation. However, such a child may be too young and immature to be entrusted with totalresponsibility for his or her siblings. For this reason, the Commission recommends that -• legal recognition be given to schemes in terms of which one or moreappropriately selected and mandated adults are appointed as ‘householdmentors’ over a cluster of child-headed households by the Department ofSocial Development, a recognised NGO or the court.• the proposed ‘household mentor’ may not make decisions in respect of thesiblings without giving due weight to their opinions as appropriate to theircapacity and to the opinion of the child at the head of the household.• the proposed ‘household mentor’ be able to access grants and other social
568benefits on behalf of the child-headed household.• the proposed ‘household mentor’ be accountable to the Department ofSocial Development or a recognised NGO or the court.The Commission notes that alternative forms of what is currently termed ‘foster care’ may beappropriate for children who require substitute care as a result of AIDS. Recommendations inthis regard will be discussed in Chapter 16. It is the attitude of the Commission thatinstitutional care of children, including orphans, should normally be a measure of lastresort, and that all possible measures should be undertaken to promote and facilitatefamily care.Children living in families where one or both parents are infected with HIV/AIDS are affected invarious ways. For one, they are forced to abandon their education to care for ill parents or towork in order to supplement family income. The Commission therefore recommends thatschools be required to identify children who are absentees due to AIDS and to refer suchchildren to the Department of Social Development or link them to community supportstructures.13.4 Children with Disabilities13.4.1 IntroductionThere is no statutory definition for the term disability, it however still remains a concept linked toexclusion, inequality and dependency. Children with disabilities are often excluded frommainstream society due to lack of access or impaired access to essential resources andservices. There is also a close link between disability and poverty. Disability worsens povertydue to the additional costs attached to disability. More than 80% of black children withdisabilities live in extreme poverty and have very poor access to appropriate services. 67 Due tothe lack of services, children with disabilities grow to be disempowered adults with little tocontribute to society. In this section effort is made to identify the rights of South African childrenwith disabilities and also to determine to what extent these rights are currently being fulfilled.Recommendations are then made for legislative reform to adequately provide in the needs ofdisabled children.
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 40 and 41: 563regulate the system of support w
Page 42 and 43: 565on HIV/AIDS for Learners referre
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
Page 90 and 91: 613the court, to enable them to sup
Page 92 and 93: 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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