Research 

In South African Child Gauge 2008/2009, pp. 10-15 

‘Following the first democratic elections in 1994, South Africa ratified various international treaties, including the UN Convention on the Rights of the Child (UNCRC). Shortly after that South Africa adopted a new Constitution, which includes a dedicated children’s rights section that is based on the provisions of the UNCRC. The State is obliged to take legislative and other measures to make all of these rights a reality. This includes passing laws and regulations, developing policies and establishing programmes that “protect, respect, promote and fulfil” the rights of children. International law is constantly evolving as new treaties are written and states are obliged to bring domestic laws and policy in line with international law when they ratify new treaties. Expert panels established to monitor the implementation of various treaties also publish General Comments that explain how international treaties should be interpreted. Although General Comments are non-binding, they nevertheless set international standards of best practice which states are expected to adhere to. All laws must be consistent with the Constitution and international law, and laws that do not comply with the Constitution and international law can be challenged in court. Hence, the Constitution, international law and General Comments collectively assist in the drafting and development of new laws and policies for children.’ [p. 1.] 

Book chapter