Section 28 of the Bill of Rights, entitled "Children", says:
- Every child has the right to -
a name and a nationality from birth;
family care or parental care, or to appropriate alternative care when removed from the family environment;
basic nutrition, shelter, basic health care services and social services;
be protected from maltreatment, neglect, abuse or degradation;
be protected from exploitative labour practices
not be required or permitted to perform work or provide services that -
are inappropriate for a person of that child's age; or
place at risk the child's well-being, education, physical or mental health or spiritual, moral or social development;
not be detained except as a measure of last resort, in which case, in addition to the rights a child enjoys under sections 12 and 35, the child may be detained only for the shortest appropriate period of time, and has the right to be -
kept separately from detained persons over the age of 18 years; and
is treated in a manner, and kept in conditions, that take account of the child's age;
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
not be used directly in armed conflict, and to be protected in times of armed conflict. - A child's best interests are of paramount importance in every matter concerning the child.
- In this section 'child' means a person under the age of 18 years.
This section gives children the right to a name, citizenship and some form of care. Children need food and shelter, and should be protected from abuse, neglect and degradation. No child should work when under-age, or do work that would interfere with his or her education or development.
Children should be jailed only as a last resort and should not have to share a cell with adults. They should not take part in wars and should be protected during conflict.
The second sub-section, a very important clause, says a child's interests are the most important consideration in any matter concerning the child.