Children's rights
Child neglect in South Africa is on the rise.
As children have experienced neglect at alarming rates in South Africa, it is important to note that the Constitution provides that every child has a fundamental right to the following, amongst other things:
> access to basic nutrition, shelter and health care services;
> access to family care and parental care; and
> to be protected from maltreatment, neglect, abuse and degradation.
Child Protection Week runs from 29 May 2023 to 5 June 2023 aiming to bring awareness to children's rights and how they can be protected. In the official statement, it is specifically mentioned that “It is in our hands to stop the cycle of neglect, abuse, violence and exploitation of children.” Although abuse and violence are terms that everyone is quite familiar with, neglect is not always something everyone is aware of. This article will focus on what child neglect is and where to report it.
What is child neglect?
> In order to protect a child's best interests and rights, parents and caregivers must be able to provide for the child financially, physically and psychologically (emotional development). This includes the parental rights set out in section 18 of the Children's Act 38 of 2005 (“Children's Act”) that provides that parents have the duty to care for the child, maintain contact with the child, act as guardian of the child, and contribute to the maintenance of the child.
> Child neglect can be defined as the failure of a parent or caregiver to sufficiently provide for a child's well-being and healthy development. This includes a failure to provide for a child's physical, intellectual, emotional or social needs, for example:
- failure to provide a child with health care services, basic education, and a safe and stable environment;
- not providing the child with adequate nutrition;
- having very little, to no contact and interaction with the child;
- not allowing children to play and engage with their family or other children; and
- subjecting the child to dangerous and inhumane practices.
> Generally, child neglect is done intentionally by the parents or caregivers. For example, they usually have the physical and psychological resources available, however, they elect not to provide the necessary care for the child.
> It is important to differentiate between those who have the resources to provide for a child but fail to do so and those that do not have the necessary resources available despite their best efforts to get a hold of the resources and protect the child's best interests. For example, an unemployed parent who refuses to look for a job or apply for social grants versus an unemployed parent who has applied for jobs and social grants. The latter might sometimes incorrectly be classified as child neglecters, which can be detrimental to their efforts and reputation as parents or caregivers.
Who must report child neglect?
> It sometimes happens where someone might think that a child is being neglected, but they are not sure whether they should report it.
> Section 110 of the Children's Act provides that child neglect and abuse must be reported by certain persons as a result of their position or status in society, for example, a police official, medical practitioner, a legal practitioner, a minister of religion, social service professional, educators and so on. Persons falling in this category are obligated to report child neglect if they belief that on reasonable grounds a child has been deliberately neglected, physically or sexually abused.
> Ordinary members of the public that do not fall under the above category may report child neglect but are not obligated to.
To whom and when must child neglect be reported?
> Section 110(2) of the Children's Act provides that a suspicion or reasonable belief of child neglect must be reported to the provincial department of social development, a designated child protection organisation or a police official.
> The belief must be reported as soon as reasonably possible and immediately if there is also a suspicion of sexual abuse.
> Once the child neglect has been reported, the provincial department of social development or designated child protection organisation must ensure the safety of the child and protect them from any danger. The relevant officials will have to investigate the neglect and compile a report that will confirm or disprove the existence of neglect and provide recommendations based on the best interest of the child.
> The recommendations can, amongst other things, include to assist the child with counselling, family reconstruction and rehabilitation, referral to another suitably qualified person or organisation and so on.
> It is worth noting that should an investigation confirm that the child concerned has not been abused or subjected to neglect, the person who reported the suspicion will not be held liable for any damages if it was done in good faith and to protect the interest of the child, and not to maliciously victimise the parent or caregiver.
> The provincial department of social development or designated child protection organisation which has conducted an investigation must report the possible commission of an offence to a police official and the parent or caregiver may be charged for committing that offence.
Child neglect can also be reported to certain organisations, such as the following:
> ChildLine South Africa: 08000 55 555
> Child Welfare South Africa: 074 080 8315
Did you know…Child neglect includes the failure to provide for a child's physical, intellectual, emotional or social needs.