A child's best interests are paramount — not the convenience of parents, extended family, or tradition. A child may not be subjected to degradation, exploi...
FreeChapter 2 — Bill of RightsConstitution of South Africa, 1996
The Constitutional Text
What Section 28 Says
(1) Every child has the right— (a) to a name and a nationality from birth; (b) to family care or parental care, or to appropriate alternative care when removed from the family environment; (c) to basic nutrition, shelter, basic health care services and social services; (d) to be protected from maltreatment, neglect, abuse or degradation; (e) to be protected from exploitative labour practices; (f) not to be required or permitted to perform work or provide services that— (i) are inappropriate for a person of that child's age; or (ii) place at risk the child's well-being, education, physical or mental health or spiritual, moral or social development; (g) not to be detained except as a measure of last resort; (h) to have a legal practitioner assigned to the child by the state, and at state expense, in civil proceedings affecting the child, if substantial injustice would otherwise result; and (i) not to be used directly in armed conflict, and to be protected in times of armed conflict. (2) A child's best interests are of paramount importance in every matter concerning the child. (3) In this section 'child' means a person under the age of 18 years.
What This Means for You
Plain-Language Explanation
Practical Significance
A child's best interests are paramount — not the convenience of parents, extended family, or tradition. A child may not be subjected to degradation, exploitative labour, or conditions that harm their development. This applies regardless of cultural or religious claims.
Common Questions
Frequently Asked Questions
Does a child's best interests override cultural or religious traditions?
Yes. Section 28(2) states that a child's best interests are of paramount importance in every matter concerning the child. The Constitutional Court has confirmed this overrides cultural and religious practices that harm children.
Does Section 28 prevent child labour?
Yes. Section 28(1)(f) prohibits children from performing work that is inappropriate for their age or that risks their well-being, education, or development. The Basic Conditions of Employment Act sets a minimum age of 15 for work.
The Advocate gives you 149 real South African scenarios — with exact rebuttals grounded in the Constitution, statute law, and Scripture. Know your rights. Know your word.