Constitutional LawPublished 10 days ago1 min read
Section 28: Children's Rights - Best Interests of the Child
Section 28 protects children's rights with the best interests principle as paramount. Essential for family law and constitutional law exams.
Section 28: Children's Rights
The Core Principle (28(2))
"A child's best interests are of paramount importance in every matter concerning the child."
This is the golden thread running through all children's rights.
Key Rights (28(1))
Every child has the right to:
- (a) A name and nationality
- (b) Family/parental care or appropriate alternative care
- (c) Basic nutrition, shelter, healthcare, social services
- (d) Protection from maltreatment, neglect, abuse, degradation
- (e) Protection from exploitative labour practices
- (f) Not be required/permitted to perform work inappropriate for their age
- (g) Not be detained except as last resort
Who Is a "Child"?
Section 28(3): A person under 18 years.
Key Cases
- S v M (2008) — Sentencing parent; best interests of child
- De Reuck v DPP (2004) — Child pornography
- Centre for Child Law v Minister of Justice (2009) — Minimum age of criminal capacity
Exam Tips
Always start with: "Section 28(2) — best interests of the child are paramount."
Stronger than other rights:
- Immediate, not progressive
- Paramount, not balanced equally with other considerations
Conflicts: Even parental rights yield to best interests
Tags: #section28 #childrensrights #bestinterests #familylaw #billofrights
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