Alternative proposal:

5. To achieve the implementation of this Act in the manner referred to in section 4(2), all organs of state in the national, provincial and, where applicable, local spheres of government involved with the care, protection and well-being of children must co-operate in the development of a uniform approach aimed at co-ordinating and integrating the services delivered to children.

General principles

6. (1) The general principles set out in this section guide –

1. the implementation of all legislation applicable to children, including this Act; and
2. all proceedings, actions and decisions by any organ of state in any matter concerning a child or children in general.

2. All proceedings, actions or decisions in a matter concerning a child

must-

1. respect, protect, promote and fulfil the child's rights set out in the Bill of Rights, the best interest of the child standard set out in section 7 and the rights and principles set out in this Act, subject to any lawful limitation;
2. respect the child's inherent dignity;
3. treat the child fairly and equitably;
4. protect the child from unfair discrimination on any ground, including on the grounds of the health status or disability of the child or a family member of the child;
5. recognise a child's need for development and to engage in play, leisure and recreational activities appropriate to the child's age: and
6. recognise: a child disability and create an enabling environment to respond to the special needs that the child has

2. If a matter concerning a child involves a selection between one parent and the other, or between one care-giver or person and another, there should be no preference in favour of any parent, care-giver or person solely on the basis of that parent, care-giver or person's gender.
3. If it is in the best interest of the child, the child's family must be given the opportunity to express their views in any matter concerning the child.

(5) In any matter concerning a child –

1. an approach which is conducive to conciliation and problem-solving should be followed and a confrontational approach should be avoided; and
2. a delay in any action or decision to be taken must be avoided as far as possible.

2. A child, having regard to the age, maturity and stage of development of the child, and a person who has parental responsibilities and rights in respect of that child, where appropriate, must be informed of any action or decision taken in a matter concerning the child which significantly affects the child.

Best interest of child standard

7. (1) Whenever a provision of this Act requires the best interest of the child standard to be applied, the following factors must be taken into consideration where relevant:

1. the nature of the personal relationship between

1. the child and the parents, or any specific parent; and
2. the child and any other care-giver or person relevant in those circumstances

(b) the attitude of the parents, or any specific parent, towards -

1. the child; and
2. the exercise of parental responsibilities or rights in respect of the child;

(c) the capacity of the parents, or any specific parent, or of any other care-giver or person, to provide for the needs of the child, including emotional and intellectual needs;

(d) the likely effect on the child of any change in the child's circumstances, including the likely effect on the child of any separation from -

1. both or either of the parents; or
2. any brother or sister or other child, or any other care-giver or person, with whom the child has been living;

5. the practical difficulty and expense of a child having contact with the parents, or any specific parent, and whether that difficulty or expense will substantially affect the child's right to maintain personal relations and direct contact with the parents, or any specific parent, on a regular basis;

(f) the need for the child -

1. to remain in the care of his or her parent, family and extended family: and
2. to maintain a connection with his or her family, extended family, [tribe,] culture or tradition;

(g) the child's -

1. age, maturity and stage of development;
2. gender; and
3. background and any other relevant characteristics of the child;

(h) the child's physical and emotional security and his or her intellectual, emotional, social and cultural development;

(i) any disability that a child may have;

(j) any chronic illness that a child may have;

(k)[i] the need for a child to be brought up within a stable family environment and, where this is not possible, in an environment resembling as closely as possible a caring family environment;

(l)[j] the need to protect the child from any physical or psychological harm that may be caused by –

(i) subjecting the child to maltreatment, abuse, neglect, exploitation or degradation or exposing the child to violence or exploitation or other harmful behaviour; or

(ii) exposing the child to maltreatment, abuse, degradation, ill-treatment, violence or harmful behaviour towards another person;

(m)[(k)] any family violence involving the child or a family member of the child; and

(n)[l)] which action or decision would avoid or minimise further legal or administrative proceedings in relation to the child.

2. In this section "parent" includes any person who has parental responsibilities and rights in respect of a child.

Information on health care

13. {1) Every child has the right to-

1. have access to information on health promotion and the prevention and treatment of ill-health and disease, sexuality, and reproduction; [and]
2. have access to information regarding his or her health status;
3. have access to information regarding the causes of his or her health status; and

(d)l(b)] confidentiality regarding his or her health status and the health status of a parent, care-giver or family member, except when maintaining such confidentiality is not in the best interests of the child.

2. Information provided to children in terms of this subsection must be relevant and must be in a format accessible to children, giving due consideration to the needs of disabled children.

Parental responsibilities and rights of unmarried fathers

21. (1) The biological father of a child who does not have parental responsibilities and rights in respect of the child in terms of section 20, acquires full parental responsibilities and rights in respect of the child-

(a) if at the time of the child's birth the father is living with the mother in a permanent conjugal life-partnership; or

1. if he, in the event of the father not living with the mother in-a permanent conjugal life-partnership-

1. consented to be identified or applied in terms of section 25 to be identified as the child's father at the registration of the child's birth;
2. contributes or has attempted in good faith to contribute to the child's upbringing for a reasonable period; and
3. contributes or has attempted in good faith to contribute towards expenses in connection with the maintenance of the child for a reasonable period.

2. This section does not affect the duty of a father of a child to contribute towards the maintenance of the child.
3. (a) If there is a dispute between the biological father referred to in subsection (1) and the biological mother of a child with regard to the fulfilment by that father of the conditions imposed under subsection (1), the matter must be referred for mediation to a family advocate, social worker, social service professional or other suitably qualified person.

(b) Any party to the mediation may have the outcome of the mediation reviewed by a court.

(4) When this Act comes into operation, a biological father of a child who does not have parental responsibilities and rights in respect of the child in terms of section 20 or in terms of a court order, acquires full parental responsibilities and rights in respect of the child in accordance with subsection (1) regardless of whether the child was born before or after the commencement of this Act.