CRC/C/15/Add.122
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B. Positive aspects
3.
The Committee expresses appreciation for the efforts made by the State party in the area
of legal reform. In this regard, the Committee welcomes the new Constitution (1996), in
particular article 28, which guarantees children a number of specific rights and freedoms also
provided for under the Convention. Further, the Committee notes with appreciation the
additional legislation enacted to bring about greater harmonization between domestic legislation
and the Convention, including: the National Youth Amendment Act (1996); the Legal Aid
Amendment Act (1996); the Criminal Procedure Amendment Act (1996); the Film and
Publications Act (1996); the National Education Policy Act (1996); the Child Care Amendment
Act (1996); the Abolition of Corporal Punishment Act (1997); the Divorce Courts Amendment
Act (1997); the Establishment of Family Court Act (1997); the Maintenance Amendment
Act (1997); the Natural Fathers of Children Born out of Wedlock Act (1997); and the Criminal
Procedure Second Amendment Act (1997).
4.
The Committee welcomes the implementation of a National Programme of Action (NPA)
within the State party. In this regard, it welcomes the establishment of the National Programme
of Action Steering Committee (NPASC) which is responsible for the identification of plans, the
coordination and evaluation of programmes, and the periodic submission of progress reports to
Cabinet on the implementation of the NPA as well as compliance obligations under the
Convention. The Committee notes that the membership of the NPASC comprises
representatives from various ministries and agencies involved in the promotion of the rights of
children as well as representatives of civil society, including NGOs and the National Children’s
Rights Committee (NCRC) and UNICEF South Africa.
5.
The Committee welcomes the establishment of the South African Human Rights
Commission and the appointment of a director with responsibility for children’s rights.
6.
The Committee also welcomes the implementation of the “Human Rights Institutional
Strengthening Project” with the support of the Office of the High Commissioner for Human
Rights (OHCHR). The Committee notes that the project includes provision of advisory services
to finalize the human rights training package developed by the South African Police Service
(SAPS); publication of a pocket guide for police on human rights standards and practice; advice
and assistance to the South African Human Rights Commission (SAHRC); advice and assistance
to the Justice College of the Ministry of Justice in integrating human rights in the training
curriculum for magistrates, prosecutors and other officials concerned with the administration of
justice; and support to Fort Hare University in developing a series of human rights training
workshops and establishing a documentation centre.
7.
The Committee welcomes the State party’s efforts in establishing a Children’s Budget
Project launched with the aim of developing an overall perspective on the Government’s
expenditure with respect to children’s programmes and examining the impact of this expenditure
on the lives of children.
8.
The Committee appreciates the State party’s initiatives within the school environment. In
this regard, it welcomes the enactment of the South African Schools Act (1996) which has led to
enhanced participatory rights for children within the educational system; the right of children to