The South Africa Council of Churches (SACC) yesterday welcomed the passing of the Children's Bill by Parliament as a "new era for children's rights in our democracy".

The General Secretary of the SACC, the Rev. Dr. Molefe Tsele, commended the Department of Social Development, the Portfolio Committee on Social Development, the SA Law Reform Commission and a range of non-governmental and faith-based organisations. He said they had worked together to produce a "superior piece of legislation that recognises that millions of South Africa's children are in need of special care and protection from harm, abuse and neglect".

The landmark legislation represents a radical departure from the patchwork of regulatory legislation inherited from the apartheid era. It recognises the rights enshrined in our democratic constitution and gives effect to South Africa's commitments in terms of the United Nations Declaration on the Rights of the Child and the Convention on Rights of the Child.

The General Secretary expressed appreciation for the stakeholders' shared emphasis on the well being and flourishing of children in families and in society. The Council of Churches maintains that these values and principles are paramount if South Africa is to answer the national question of our identity and coexistence now and in the future. Children, the nation's most vulnerable and marginalised citizens, must be nourished and sustained by today's leaders if they are to be tomorrow's leaders.

After nine years of deliberation and consultation, the Bill inevitably contains some compromises. However, Dr. Tsele said, "the Bill is an appropriate and timely indication of our shared political and moral will to shape our nation around values of mutual care and accountability."

The Children's Bill criminalizes virginity testing and defines the age of majority as 18 years in line with South Africa's Constitution. The SACC's Senior Vice President, Ms. Thabisile Msezane, stressed that the section of the Bill dealing with social, cultural and religious practices aimed to protect children against practices that might be considered harmful to their social and emotional development. "These provisions are not", she warned, "to be seen as a vendetta against social, cultural and religious practices per se."

Ms. Msezane further rejected claims that, by lowering the age of consent for medical and surgical treatment to 12 years, the Bill imposed a burden on children. "Research indicates that children as young as 12 are engaging in sexual activity. Given that 12 is a recognised age for reproductive capability and taking into account the prevailing climate of HIV and Aids, the Bill responsibly acknowledges the need for children to be treated with dignity and respect." The Bill allows children from the age of 12 confidential access to "condoms, contraceptives and contraceptive advice".

Bishop Ivan Abrahams, Chair of the South African Church Leaders' Forum, applauded the proposed "inter-sectoral implementation" of the legislation. According to the Bill all organs of state in the national, provincial and local spheres of government must co-operate in developing, co-ordinating and integrating the services delivered to children. Bishop Ivan said that this was consistent with the social and religious belief that "it takes a village to raise a child". Children ought not to be regarded as the sole responsibility of the department of Social Development. The Bill requires other departments, including Justice and Education, to play an active role in providing effective care and services for South Africa's most vulnerable children.

Dr. Tsele remarked that the Churches initially had no preferred model for the establishment and jurisdiction of Children's Courts, but approved of the Bill's approach of making Magistrates' Courts de facto Children's Courts. In addition, the General Secretary "warmly welcomed" the proposal to open courts to the participation of children and especially to those with disabilities. "All who have worked at bringing this section of the Children's Bill to fruition need to be congratulated."

"My one reservation relates to provisions for dealing with guardianship at the High Court," Dr. Tsele said. "If the Act is to address the needs of the poorest and most vulnerable children such as orphans who may seek protection against property grabbers, how could they afford to gain access to the High Court?"

For more information contact: Rev. Keith Vermeulen, 082 523 0701