The aim of this brief is to propose themes that could be explored during the debates, and to suggest possible aspects that could be focussed on in a particular theme.

2. International Children's Day Debate

Section 28 of the Constitution of South Africa defines a "child" as a person under the age of 18 years. It states that the best interest of the child is of paramount importance in any matter concerning the child. To this end, it contains clear provisions regarding the rights and the protection of children. These include, amongst others, the right to a name and nationality from birth; family care or parental care, or appropriate alternative care when removed from the family environment; basic nutrition, shelter, basic health care services and social services; to be protected from maltreatment, neglect, abuse or degradation; and to be protected from exploitative labour practices. In line with children's constitutional rights, it is suggested that the debate on International Children's Day focus on themes such as

2.1 Child-Headed Households

In the context of South Africa, child-headed households am generally those where the main caregiver is younger than 18, as the Constitution defines a child as such. Child-headed households can result from a number of factors, including the death of parents as a result of HIV and AIDS or from other causes, the migration of parents or the abandonment of children by parents. Children growing up in such households may face many challenges that effectively exclude them from accessing their basic rights guaranteed in the Constitution. These include difficulty in getting food and shelter, threats to their education because of poverty, a higher risk of being abused (sexually) by neighbours and relatives, child prostitution and child labour, as well as the increased likelihood of pursuing life on the street. Other rights that might be affected include getting births registered, as well as accessing health care treatment, social security and other State mechanisms which can assist them. It is suggested that this theme focus on specific rights relevant to child-headed households such as the child's rights to:

• Registration of his or her birth.
• Inheritance.
• Social grants
• Guardianship in terms of the Guardianship Act (Act 192 of 1993)
• Access education
• Health Care.

2.2 Children in Prison

• Correctional Services statistics reflect a high number of youth. in prisons around the country. Some of the challenges that have been identified in relation to children in prison are:
• Although policy directs that no children under 18 years should be detained in prison (especially awaiting trial children), the reality is that there are, at present, limited alternatives in place to keep them out of the prison system.
• Prison facilities are often overcrowded and short staffed which means that there is limited ability to effectively rehabilitate offenders. In other words, juvenile offenders tend to have limited access to education, skills and personal improvement programmes.
• Conditions in prisons are often not conducive for juvenile offenders, with insufficient toilets, beds. etc., which can lead to the spread of diseases.
• Overcrowded conditions in prisons lead to the spread of drugs, gang activities and sodomy.
• Children awaiting trial do not have access to any educational or recreational programmes. In many cases, they can spend up to 23 hours per day locked up in crowded prison cells. In some prisons, children are sometimes detained for up to 4 years due to the backlog in cases.

Furthermore, during his State of the Nation Address at the Second Joint Sitting of the third democratic Parliament on 11 February 2005, the President promised that Government would, amongst others, rapidly reduce in 2005 the number of children both in police cells and i n prisons. He stated that Government would focus on cells and prisons in KwaZulu-Natal, the Western Cape and Gauteng provinces.

It is suggested that a debate on this theme focus n issues such as:

· Overcrowding in prisons.

· The rehabilitation of offenders.

· Prison conditions, including health facilities.

· Recreational facilities, especially for awaiting trial juvenile offenders.

· Recidivism (re-offending).

· Human resources.

· Government's progress in rolling out facilities for juvenile offenders and challenges experienced in this regard.

2.3 Education

In South Africa education has been identified as one of the significant areas of investment for an equal post apartheid society and in developing an education and training system that is geared towards meeting the challenges of the 21^st Century. Since 1994 the Government has initiated various policies and legislation aimed at ensuring social justice, particularly the right to basic quality education for all, equality of opportunities, and redress of past educational inequalities and vulnerability. However, due to the legacy of apartheid, poverty and inequality, there are still pervasive imbalances in access to education throughout the country, particularly between the poor and the rich, urban and rural communities.

It is suggested that a debate on this theme not be limited to the initiatives that have been undertaken by Government to ensure equal access to education for all, but that it should include a focus on the existing or remaining imbalances in access to education. These relate to issues such as:

The difficulties faced by learners on farm and rural schools.

User fees (school fees).

Sexual harassment and sexual violence in schools.

Lack of scholar transport.

Leaner and Teacher Support Materials.

School uniforms

Gangsterism, unsafe schools and perpetuated leaner and non-learner violence. This is an aspect on which Government promised to deliver during the President's 2005 State of the Nation Address.

2.4The girl-child

During February to March 2005, South Africa tabled its country report on Beijing +10 at the 49^th Session of the United Nations Commission on the Status of Women in New York. In this, Government reported on progress made in achieving the strategic objectives relating to the 12^th critical area of concern identified in Beijing +10, i.e. the girl-child. In order to empower women in these critical areas, governments and other bodies, such as political parties and non-governmental organisations, are required to undertake various actions to ensure that this process is facilitated. The strategic objectives relating to the girl-child are

• Eliminate all forms of discrimination against the girl-child.
• Eliminate negative cultural attitudes and practices against girls.
• Promote and protect the rights of the girl-child and increase awareness of her needs and potential. Eliminate discrimination against girls in education, skills development and training.
• Eliminate discrimination against girls in health and nutrition.
• Eliminate economic exploitation of child labour and protect young girls at work.
• Eradicate violence against the girl-child.
• Promote the girl-child's awareness of and participation in social, economic and political life.
• Strengthen the role of the family in improving the status of the girl-child.

Specific issues that could be explored as part oft his theme include initiatives undertaken by the Executive, as well as Parliament, to advance the girl-child by addressing the strategic objectives outlined, as well as those priorities outlined in the President's State of the Nation Address that impact on the girl-child. These include:

• Giving life to the Victim's Charter by re-orientating the implementing personnel, raising awareness among citizens and passing legislation to regulate this service where applicable.
• Operationalising more sexual offences courts, as the conviction rate in these courts (62%) are much higher than in ordinary courts (42%).

3.Youth Day Debate

Since the start of the colonial era, South African youth have been victims of political and Socio-cultural crises. They have been subjected to poverty, blatant political manipulation, racial and other divisions that tore the country apart, at the same time lacking a systematic youth policy to attend to their needs. In short, as a group they have, for many years been ignored by leaders who were in control of their destiny. Yet, from the earliest decades of the century, they have asserted themselves by forming youth organisations, by protesting against injustices and insisting on a decent education and living conditions. With the advent of democracy in 1994, opportunities and challenges were created for Government to develop a comprehensive strategy for youth development.

A major initiative in this regard has been the establishment of the National Youth Commission (NYC), in terms of the National Youth Commission Act, Act 19 of 1996. The mandate of the NYC is to:

• Set up appropriate youth policy instruments for the country.
• Develop a comprehensive National Youth Action Plan for the implementation of the Policy. The Policy covers 3 areas, i.e. the role of the youth, the role of Government and the role of civil society structures.
• Develop mechanisms to redress the imbalances of the past.
• Promote a uniform approach by all agencies of Government in terms of youth development.
• Investigate appropriate programmatic responses to the challenges facing young people.
• Prioritise resource allocation to youth affairs through Government.
• Maintain close relations with similar bodies.

In line with this mandate, Cabinet adopted the National Youth Policy on 9 December 1997. The Youth Policy defines youth as persons between the ages of 14 and 35 years. The purpose of the Youth Policy is to provide a framework for youth development across the country and to ensure that all young men and women are given meaningful opportunities to reach their full potential. Areas of development identified in the Youth Policy include:

• Living conditions for young men and women.
• Education and training.
• Youth employment and unemployment.
• Youth health.
• Crime and violence.

However despite the existence of the National Youth Policy Framework, a recent strategic planning workshop hosted by the Joint Monitoring Committee 0 n the improvement of Quality of Life and Status of Children, Youth and Disabled persons found that:

• The challenge remains to comprehensively integrate youth development in Government policies.
• Resources allocated to youth development are limited. There is also a need to explore how civil society organisations working in the field of youth can be resourced.
• There is insufficient support for youth development work.
• There is a need to devise a mechanism through which government departments can be held accountable and to provide recourse to the National Youth Commission if departments do not deliver.

It is thus suggested that the debate on National Youth Day focus on the areas of development identified in the National Youth Policy, with particular reference to progress made in this regard and Government's plans to address any challenges identified

REFERENCES

National Youth Commission, State of the Youth Report, downloaded from www.nyc.gov.za on 19 May 2005.

Parliament of the RSA: Research Unit Brief - Draft Report: Strategic Planning Workshop of the JMC on Children, Youth and Disabled Persons. 4-5 March 2005.

The Presidency, Republic of South Africa Beijing +10 Report (Draft Progress Report on the Implementation of the Beijing Platform for Action Plus 5 (BPA +5).

National Youth Policy 2000, downloaded from www polity.org.za on 19 May 2005.

Sloth-Nielsen J., Realising the Rights of children growing up in child-headed households, A guide to laws, policies and social advocacy, January 2004, downloaded from www.communitylawcentre.orn.za on 18 May 2005

Parliament of the R SA: Research Unit Brief - Visit by Portfolio Committee on Correctional Services to the Brandvlei Youth Centre and Drakenstein Medium B Juvenile Detention Centre, 18 October 2004.

Parliament of the RSA: Research Unit Brief - Input for Strategic Planning Workshop of JMC on Children, Youth and Disabled Persons, 03 March 2005.