, SSL2601 Assignment 2 (COMPLETE ANSWERS) Semester 2
2025 - DUE 11 September 2025 ; 100% correct solutions and
explanations.
Introduction
The Constitution of the Republic of South Africa, 1996, is the
supreme law of the country and forms the foundation for the
protection and promotion of human rights. Within this framework,
the Constitution places children at the centre of social and legal
protection. The inclusion of a separate section—section 28—in the
Bill of Rights highlights the recognition of children as vulnerable
members of society, deserving of special care, protection, and
prioritisation of their interests.
As a Family Advocate in the High Court of South Africa, Sindy’s
primary responsibility is to assist courts in safeguarding the best
interests of minor children in divorce litigation and other custody
disputes. This duty requires an in-depth understanding of how the
Constitution prioritises children’s rights, particularly through section
28, and how these rights should be practically applied in custody
decisions and report writing.
This advisory outlines the constitutional framework of children’s
rights, explains the principle of the best interests of the child,
highlights relevant case law and legislation, incorporates
international legal instruments, and finally applies these to Sindy’s
role in safeguarding the welfare of children.
1. Constitutional Recognition of Children’s Rights
The Constitution recognises children as a distinct group with
unique rights, separate from those of adults. While all individuals
2025 - DUE 11 September 2025 ; 100% correct solutions and
explanations.
Introduction
The Constitution of the Republic of South Africa, 1996, is the
supreme law of the country and forms the foundation for the
protection and promotion of human rights. Within this framework,
the Constitution places children at the centre of social and legal
protection. The inclusion of a separate section—section 28—in the
Bill of Rights highlights the recognition of children as vulnerable
members of society, deserving of special care, protection, and
prioritisation of their interests.
As a Family Advocate in the High Court of South Africa, Sindy’s
primary responsibility is to assist courts in safeguarding the best
interests of minor children in divorce litigation and other custody
disputes. This duty requires an in-depth understanding of how the
Constitution prioritises children’s rights, particularly through section
28, and how these rights should be practically applied in custody
decisions and report writing.
This advisory outlines the constitutional framework of children’s
rights, explains the principle of the best interests of the child,
highlights relevant case law and legislation, incorporates
international legal instruments, and finally applies these to Sindy’s
role in safeguarding the welfare of children.
1. Constitutional Recognition of Children’s Rights
The Constitution recognises children as a distinct group with
unique rights, separate from those of adults. While all individuals
