September 2025. TWO ANSWERS PROVIDED.
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The Constitutional Protection of Children’s Rights and the Role
of the Family Advocate
The Constitution of the Republic of South Africa, 1996, is the
supreme law of the country and provides a comprehensive
framework for the protection and advancement of fundamental
human rights. One of its most progressive features is its explicit
recognition of children as vulnerable members of society who
deserve special constitutional protection. Section 28 of the
Constitution sets out the rights of children in a clear and
detailed manner, and these rights are central to the role of a
Family Advocate, particularly in custody disputes and matters
involving the welfare of minor children. Sindy, in her capacity as
Family Advocate in the High Court of South Africa, must ensure
that the best interests of children are always prioritised in legal
proceedings, as constitutionally required.
Section 28 of the Constitution: Prioritising Children’s Rights
Section 28 of the Constitution codifies the rights of children and
reflects South Africa’s commitment to international human
rights instruments, such as the United Nations Convention on
the Rights of the Child (CRC) and the African Charter on the