Presentation on theme: "HL Child Law Conference Youth Day Talk JCAF 18/06/2014 Luke Lamprecht."— Presentation transcript:
HL Child Law Conference Youth Day Talk JCAF 18/06/2014 Luke Lamprecht
The Background UNCRC Section 28 HRBC Child Rights Negative Duty Child Rights Positive duty
The Laws in practice Children’s Act – Gate keepers to services – Family preservation as a concept – Lack of care facilities – Care facilities for “special category” children.
Cont Child Justice Act – Gatekeepers to services – Law used to not open cases – Diversion not considered part of the CJS – Stats!
Cont… CJS CPA and CLSORMAA – Child as witness of the state – Assisting the State to discharge its positive duty – Medical, Legal and Care Triangle of intervention – State needs for a good witness supersede child’s rights to care in certain courts – Assessments (of many varieties) replace therapy.
Cont… Human rights and the unintended consequences for children – “Bad Buildings”. – Children denied services while adults rights protected.
Other Access to healthcare Access to school “papers”
Reflections Implementation and interpretation of the Law has become a barrier to children accessing rights. Law meant to open “basket of services” to children. Law untrained Under resourced Sense that some rights not met and some even regressive! Crisis in Child Protection and Development