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)

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:

  • Facilitate integrated policy implementation
  • Facilitate mainstreaming of the objectives of the Children’s Bill and performance indicators in Government planning, programming, funding and communication processes
  • Mainstreaming capacity building in Government
  • Advocate for integrated implementation of the Children’s Bill/Act in Government
  • Monitoring of policy implementation in Government
  • Coordination of integrated policy implementation

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.