4.10 Handves van menseregte  (Page 3/4)

CHILDREN

Every child has the right –

• to a name and a nationality from birth;
• to family care or parental care, or to appropriate alternative care when removed from the family environment;
• to basic nutrition, shelter, basic health care services and social services;
• 1. to be protected from maltreatment, neglect, abuse or degradation;
  2. to be protected from exploitative labour practices;
  3. not to be required or permitted to perform work or provide services that –
     1. are inappropriate for a person of that child’s age; or
     2. place at risk the child’s well-being, education, physical or mental health or spiritual, moral or social development;
  4. not to be detained except as a measure of last resort, in which case, in addition tot he rights a child enjoys under sections 12 and 35, the child may be detained only for the shortest appropriate period of time, and has the right to be –
     1. kept separately from detained persons over the age of 18 years; and
     2. treated in a manner, and kept in conditions, that take account of the child’s age.
  5. to have a legal practitioner assigned to the child by the state, and at state expense, in civil proceedings affecting the child, if substantial injustice would otherwise result; and
  6. not to be used directly in armed conflict, and to be protected in times of a armed conflict.
• A child’s best interests are of paramount importance in every matter concerning the child.
• In this section “child” means a person under the age of 18 years.

EDUCATION

1. Everyone has the right –
   1. to a basic education, including adult basic education; and
   2. to further education, which the state, through reasonable measures, must make progressively available and accessible.
2. Everyone has the right to receive education in the official language or languages of their choice in public educational institutions where that education is reasonably practicable. In order to ensure the effective access to, and implementation of, this right, the state must consider all reasonable educational alternatives, including single medium institutions, taking into account –
   1. equity;
   2. practicability; and
   3. the need to redress the results of part racially discriminatory laws and practices.
3. Everyone has the right to establish and maintain, at their own expense, independent educational institutions that –
   1. do not discriminate on the basis of race;
   2. are registered with the state; and
   3. maintain standards that are not inferior to standards at comparable public educational institutions.
4. Subsection (c) does not preclude state subsidies for independent educational institutions.

LANGUAGE AND CULTURE

a) Everyone has the right to use the language and to participate in the cultural life of their choice, but no one exercising these rights may do so in a manner inconsistent with any provision of the Bill of Rights.

CULTURAL, RELIGIOUS AND LINGUISTIC COMMUNITIES

1. Persons belonging to a cultural, religious or linguistic community may not be denied the right, with other members of that community –
   1. to enjoy their culture, practise their religion and use their language; and
   2. to form, join and maintain cultural, religious and linguistic associations and other organs of civil society.
2. The rights in subsection (a) may not be exercised in a manner inconsistent with any provision of the Bill of Rights.