Klinck M E, Iuris B, Louw D A, Peens B J
Department of Constitutional Law and Philosophy of Law, Faculty of Law, University of Orange Free State, Bloemfontein, South Africa.
Med Law. 2000;19(1):49-72.
South Africa has made rapid progress in the field of human and especially children's rights. This is in sharp contrast with it's apartheid history where even the basic principles of human rights were negated. In this article an overview will be given of the general principles on which the realization of children's rights in South Africa are based. More specifically information on the population, economic status, political climate and recent developments in this field is presented. This is followed by a discussion on the social-economic nature of children's rights, the courts as enforcement mechanisms, and the contents of the best interest standard as described both in convention on the rights of the child and the South African Constitution.
南非在人权领域,尤其是儿童权利领域取得了迅速进展。这与它的种族隔离历史形成了鲜明对比,在种族隔离时期,甚至人权的基本原则都被否定。本文将概述南非实现儿童权利所依据的一般原则。更具体地说,将介绍该领域的人口、经济状况、政治氛围和近期发展情况。随后将讨论儿童权利的社会经济性质、作为执行机制的法院,以及《儿童权利公约》和《南非宪法》中所述的儿童最大利益标准的内容。