, Study unit 6: age
Factor that influences status
Minority as an important factor influencing status. Youth influences a person’s
judgment and the law protects minors by limiting their capacity to act
LEGALLY: A person under 18 does not have the intellectual ability or experience to
participate independently in legal / commercial dealings
<7(infant) = not / 12+: independently receive
capacity to act contraceptives / medical advice
/ examinations re
5G
contraceptives
Ages relevant
.
7 – 18: limited capacity to 14+: witness a will
act (contracts with
assistance)
16+: make a will
, Constitution 1996: children's rights
protected from maltreatment, neglect,
abuse and degradation Family or parental care
I
Name & nationality
from birth
Protected from Basic nutrition, shelter
exploitative labour Section 28(1) of constitution - basic health care and
social services
Not be forced to preform work 1
inappropriatefor their age Not to be detained except as
a measure of last resort
have a legal practitioner
assigned to him by state in Not to be used directly in
civil proceedings, at state armed conflict, and to be
expense, if substantial protected in times of armed
injustice would otherwise conflict
result
Section 28(2) of the Constitution moreover provides that a child’s best
interests are of paramount importance in every matter concerning the
child
, Children's Act 38 of 2005
Gives effect to the constitutional rights
S6 General principles
S7 BIOC standard (& s 9)
S 10 Child participation
S 12 Social, cultural and religious practices
S 13 Information on health care
S 14 Access to court
S 15 Enforcement of rights
S 16 Responsibilities of children
Must guide implementations of leg. and guide proceedings
All actions in matter of child must fulfil and respect child in terms
of B.O.R. and protect dignity
Protect unfair discrimination
It disable - disability must recognised
Requires confrontal approach needs to be avoided
Customary initiation act 2 of 2021 = additional duties on leaders, school
principlals, ect.
Factor that influences status
Minority as an important factor influencing status. Youth influences a person’s
judgment and the law protects minors by limiting their capacity to act
LEGALLY: A person under 18 does not have the intellectual ability or experience to
participate independently in legal / commercial dealings
<7(infant) = not / 12+: independently receive
capacity to act contraceptives / medical advice
/ examinations re
5G
contraceptives
Ages relevant
.
7 – 18: limited capacity to 14+: witness a will
act (contracts with
assistance)
16+: make a will
, Constitution 1996: children's rights
protected from maltreatment, neglect,
abuse and degradation Family or parental care
I
Name & nationality
from birth
Protected from Basic nutrition, shelter
exploitative labour Section 28(1) of constitution - basic health care and
social services
Not be forced to preform work 1
inappropriatefor their age Not to be detained except as
a measure of last resort
have a legal practitioner
assigned to him by state in Not to be used directly in
civil proceedings, at state armed conflict, and to be
expense, if substantial protected in times of armed
injustice would otherwise conflict
result
Section 28(2) of the Constitution moreover provides that a child’s best
interests are of paramount importance in every matter concerning the
child
, Children's Act 38 of 2005
Gives effect to the constitutional rights
S6 General principles
S7 BIOC standard (& s 9)
S 10 Child participation
S 12 Social, cultural and religious practices
S 13 Information on health care
S 14 Access to court
S 15 Enforcement of rights
S 16 Responsibilities of children
Must guide implementations of leg. and guide proceedings
All actions in matter of child must fulfil and respect child in terms
of B.O.R. and protect dignity
Protect unfair discrimination
It disable - disability must recognised
Requires confrontal approach needs to be avoided
Customary initiation act 2 of 2021 = additional duties on leaders, school
principlals, ect.
