CRC/C/15/Add.122
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choose their own language of learning (multilingualism); and the abolition of corporal
punishment in schools. The Committee also notes with appreciation the establishment of an
integrated National Primary School Nutrition Programme intended to encourage enrolment and
facilitate attendance of all children, especially those from economically disadvantaged families.
The Committee also notes that under “Curriculum 2005”, additional initiatives are envisaged
within the school environment, including programmes to encourage non-discrimination and
facilitate inclusion, especially of children with disabilities and those with HIV/AIDS.
“Curriculum 2005” also aims to address the inequalities within the educational system
established during apartheid.
C. Factors and difficulties impeding the implementation of the Convention
9.
The Committee acknowledges the challenges faced by the State party in overcoming the
legacy of apartheid which continues to have a negative impact on the situation of children and to
impede the full implementation of the Convention. In particular, the Committee notes the vast
economic and social disparities that continue to exist between various segments of society as
well as the relatively high levels of unemployment and poverty which adversely affect the full
implementation of the Convention and remain challenges for the State party.
D. Subjects of concern and recommendations of the Committee
1. General measures of implementation
Legislation
10.
The Committee notes the efforts of the State party to bring about legal reform and to
introduce measures to ensure greater conformity between domestic legislation and the
Convention. The Committee also notes that the South African Law Commission is currently
reviewing legislation as well as customary law with a view to introducing additional legal reform
concerning, inter alia, the prevention of family violence, HIV/AIDS policies in school, the
establishment of a new juvenile justice system, the expansion of the child-care system and the
protection of sexually abused children. However, the Committee remains concerned that the
law, and in particular customary law, still does not fully reflect the principles and provisions of
the Convention. The Committee encourages the State party to continue its efforts in the
area of legal reform and to ensure that its domestic legislation conforms fully with the
principles and provisions of the Convention.
Ratification of international human rights instruments
11.
The Committee notes that the State party has not yet ratified the International Covenant
on Economic, Social and Cultural Rights. The Committee is of the opinion that the ratification
of this international human rights instrument would strengthen the efforts of the State party to
meet its obligations in guaranteeing the rights of all children under its jurisdiction. The
Committee encourages the State party to reinforce its efforts to finalize the ratification of
this instrument.