, RSK4804 Assignment 2
Semester 2 2025
DUE 11 September 2025
Use this document as a guide and for references to answer your assignment
The Paramountcy of Children’s Rights under Section 28 of the
South African Constitution: A Guide for the Family Advocate
Introduction
As Family Advocate in the High Court of South Africa, Sindy’s role is
pivotal—she must assess the welfare and custody arrangements of children in
divorce proceedings, compile reports, and guide the court in safeguarding
minors. Her constitutional compass is section 28 of the Constitution of the
Republic of South Africa, 1996, which enshrines children’s rights in robust,
justiciable terms. This essay explores how section 28 establishes legal
priorities that inform and govern her duties, with reference to legal
instruments, jurisprudence, legislation, and best practices.
1. Constitutional Foundations: Section 28 – Scope and Content
Section 28 forms part of Chapter 2—the Bill of Rights—and is unique in its
broad, detailed, and enforceable articulation of children's rights.
1.1. Rights Enumerated in Section 28(1)
Section 28(1) guarantees every child the right to:
A name and nationality from birth
Family or parental care, or appropriate alternative care when removed
from the family environment
Basic nutrition, shelter, basic health care services, and social
services
Protection from maltreatment, neglect, abuse or degradation
Semester 2 2025
DUE 11 September 2025
Use this document as a guide and for references to answer your assignment
The Paramountcy of Children’s Rights under Section 28 of the
South African Constitution: A Guide for the Family Advocate
Introduction
As Family Advocate in the High Court of South Africa, Sindy’s role is
pivotal—she must assess the welfare and custody arrangements of children in
divorce proceedings, compile reports, and guide the court in safeguarding
minors. Her constitutional compass is section 28 of the Constitution of the
Republic of South Africa, 1996, which enshrines children’s rights in robust,
justiciable terms. This essay explores how section 28 establishes legal
priorities that inform and govern her duties, with reference to legal
instruments, jurisprudence, legislation, and best practices.
1. Constitutional Foundations: Section 28 – Scope and Content
Section 28 forms part of Chapter 2—the Bill of Rights—and is unique in its
broad, detailed, and enforceable articulation of children's rights.
1.1. Rights Enumerated in Section 28(1)
Section 28(1) guarantees every child the right to:
A name and nationality from birth
Family or parental care, or appropriate alternative care when removed
from the family environment
Basic nutrition, shelter, basic health care services, and social
services
Protection from maltreatment, neglect, abuse or degradation
