What does the draft constitution say about children's rights and the family?

Do you have any idea what the new constitution says about your child and family? There are certian key statements that are made in section 41 and 42 of the draft constitution that you need to be conversant with. For instance, it states that all children, whether born within or outside wedlock are equal in the eyes of the law! That has quite significant implications in a society where 'extra' families have been known to make an appearance at the death of spouse. It seems then that should their claim be legitimate, they may as well be entitled to the property you shared with your spouse. Another interesting statement is that a child should not be arrested or detained unless it be a measure of last resort. And should it amount to that, then the child should be treated in a way that maintains his/her dignity. We have seen, quite often, our police officers take into custody mothers with very young children and put them together in very embarrasing and degrading adult conditions. Do you think this will change?

There are some aspects that the law does not touch on and yet we think are crucial to a child's welfare. Like a child's right to agree to or to refuse medical treatment. And that includes thorny issues like access to contraception by children.When a 13 year old girl seeks access to contraception and other aspects of sexual health, is the health care giver bound to maintain confidence?

Well, have a look at the draft below and share your thoughts.

Page 29 to page 30 of the draft constitution...

Children
41.
(1) Children hold a special place in society.
(2) It is the duty of parents, the family, society and the State to nurture,
protect and educate children.
(3) All children, whether born within or outside wedlock, are equal before
the law and have equal rights under this Constitution.
(4) A child's best interests shall be of paramount importance in every
matter concerning the child.
(5) A child's mother and father, whether married to each other or not, have
an equal responsibility to protect and provide for the child
(6) Every child has a right to-
(a) a name and a nationality from birth and to have their birth
registered;
(b) parental care, or appropriate alternative care when separated
from its parents;
(c) free and compulsory basic education;
(d) be protected from discrimination, harmful cultural rites and
practices, exploitation, neglect or abuse;
(e) be protected from all forms of exploitation and any work that is
likely to be hazardous or adverse to the child's welfare;
(f) adequate nutrition, shelter, basic health care services and social
services;
(g) not to be subjected to violence or to be treated or punished in a
cruel, inhuman or degrading manner in schools and other
institutions responsible for the care of children;
(h) not take part in hostilities or be recruited into armed conflicts
and be protected from situations of armed conflict;
(i) not be arrested or detained except as a measure of last resort,
and, when arrested or detained, to be treated in a manner that
promotes the child's dignity and self-worth and pays attention to
the child's rights, including but not limited to the right to-
(i) be detained only for the shortest appropriate period;
(ii) be kept separate from adults in custody;
(iii) be accorded legal assistance by the State; and
(iv) be treated in a manner, and be kept in conditions, that take
account of the child's disability, if any, gender and age;
(j) have an advocate assigned to the child by the State and at State
expense in proceedings affecting the child, other than those
contemplated in paragraph (k) if injustice would otherwise result;
(k) know of decisions affecting the child, express an opinion and
have that opinion taken into account, taking into consideration
the age and maturity of the child and the nature of the decision.
(7) Children with special needs are entitled to the special protection of the
State and society.
(8) The state shall take legislative and other measures to implement the
provisions of this Constitution and of international instruments and
standards on the rights of the child.

Family
42. (1) The family is the natural and fundamental unit of society and the
necessary basis of social order.
(2) Every adult has the right to marry a person of the opposite sex, based
upon the free consent of the parties.
(3) Every adult has the right to found a family.
(4) Parties to a marriage are entitled to equal rights at the time of the
marriage, during the marriage and at the dissolution of the marriage.
(5) Parliament shall enact legislation that recognizes-
(a) marriages concluded under any tradition, or system of religious,
personal or family law; and
(b) personal and family law under any tradition, or adhered to by
persons professing a particular religion, to the extent that such marriages or systems are consistent with this Constitution.