An analysis of the implementation of the child's right to be heard within the family environment in accordance with section 31 of the South African Children's Act 38 of 2005.

Abstract

The United Nations Convention on the Rights of a Child 1989 has endowed children with the right to express their views in all matters that affect them. According to the Committee on the Rights of a Child this right extends to decisions that are made within the family environment. In keeping with its obligation under the Convention on the Rights of a Child, South Africa enacted section 31(1)(a) and (b) of the Children’s Act 38 of 2005 which deals exclusively with the child’s right to be heard within the family environment. Research has shown the importance and benefit of implementing the child’s right to be heard within the family environment. This dissertation provides an analysis of South Africa’s implementation of the child’s right to be heard within the family environment. The analysis is done in light of the relevant international and foreign law, and from this recommendations are drawn as to how South Africa can improve its implementation of the right.