Children's Act, 2005 (Act No. 38 of 2005)Chapter 2 : General Principles6. General Principles |
| (1) | The general principles set out in this section guide— |
| (a) | the implementation of all legislation applicable to children, including this Act; |
| (b) | 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— |
| (a) | respect, protect, promote and fulfil the child’s rights set out in the Bill of Rights, the best interests of the child standard set out in section 7 and the rights and principles set out in this Act, subject to any lawful limitation; |
| (b) | respect the child’s inherent dignity; |
| (c) | treat the child fairly and equitably; |
| (d) | 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; |
| (e) | recognise a child’s need for development and to engage in play and other recreational activities appropriate to the child’s age; and |
| (f) | recognise a child’s disability and create an enabling environment to respond to the special needs that the child has. |
| (3) | If it is in the best interests of the child, the child’s family must be given the opportunity to express their views in any matter concerning the child. |
| (4) | In any matter concerning a child— |
| (a) | an approach which is conducive to conciliation and problem-solving should be followed and a confrontational approach should be avoided; and |
| (b) | a delay in any action or decision to be taken must be avoided as far as possible. |
| (5) | A child, having regard to his or her age, maturity and stage of development, 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. |