CHILDREN’S BILL AND RELATED LEGISLATION: IMPLICATIONS FOR STATE DEPARTMENTS AND OTHER INSTITUTIONS
ISSUE |
LEGISLATION AND POLICIES |
ROLES AND RESPONSIBILITIES |
FINANCIAL IMPLICATIONS |
GENERAL COMMENTS |
Office on the Rights of the Child (President’s Office) |
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Oversight function: implementation of children’s rights as set out in the Constitution, the Children’s Bill and all other legislation pertaining to children. |
All legislation pertaining to children |
Clarification is required on whether the Office on the Rights of the Child would be able to fulfil an oversight function. The current function of the ORC are the following:
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An amount of R2.8 million was allocated to the ORC for 2004/2005 financial year. |
A decision on an oversight function and which department / institution should be responsible for exercising an oversight function could only be taken at a high level after a thorough investigation of the matter. |
National Policy Framework |
SALRC Children’s Bill Clause 5: National Policy Framework |
Clarification is required on whether the Office on the Rights of the Child should be responsible for the establishment of a national policy framework. |
The financial implications are uncertain. |
The Office on the Rights of the Child has no formal legal standing and it is uncertain whether the responsibility for the drafting, implementation and enforcement of a national policy framework on children could be exercised by this office. |