S
outh Africa has enshrined children’s rights in the Constitution (Act 108 of 1996),
the supreme law of the country that was designed to respect, protect, promote
and fulfil the rights of all people in the country.1 This commitment resonates
strongly with international principles. The former United Nations Secretary General, Mr
Kofi Annan, argued "there is no trust more sacred than the one the world holds with
children. There is no duty more important than ensuring that their rights are respected,
that their welfare is protected, that their lives are free from fear and want and that
they can grow up in peace."2 In so doing, governments have an obligation to protect
and promote the survival, development and well-being of children, which ultimately
affects their quality of life.3
It is worth taking the time to consider the question “What are human rights?” In
essence, human rights are not merely abstract notions. On the contrary, they are
intended to transform people’s lives. Thus fostering a culture of human rights goes
beyond the attainment of material conditions. Instead, it defines one’s sense of
nationhood. Closely related to this is the inculcation of a set of values that underpin a
culture of human rights and bringing to the fore systems of beliefs that further develop
the shared objectives of shared values.4 Hence a human rights culture can only be built
on value systems; herein lies the challenge for children’s rights. Society’s notions of
childhood and how this is defined as well as what this means within a particular
context and time, are significant variables in shaping the manifestation of children’s
rights. This publication attempts to explore what the promotion of children’s rights
entails and the role of Parliament in this regard.