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The Right to Special Protection - The Law

Domestic, regional and international laws

Domestic Law

  • Criminal Law (Sexual Offences and Related Matters) Amendment Act (32 of 2007) covers statutory sexual offences and special protection measures for children and persons who are mentally disabled, including offences relating to sexual exploitation or grooming, exposure to or display of child pornography or pornography to children and the creation of child pornography. The Act further provides for the creation of a National Register for Sex Offenders.
  • The Domestic Violence Act 2005 defines the different forms of domestic violence against adults and children and says a child (or other people on behalf of the child) can get a Protection Order against the abuse6

International and Regional Law

  • UN Convention on Rights of Child entered into force September 1990. Article 34 protects children from all forms of sexual exploitation and sexual abuse. Article 35 prevents abduction of, sale of, or trafficking in children
  • African Charter on the Rights and Welfare of the Child. Adoped by the OAU (Organisation of African Unity) in 1990 and entered into force in 1999, the Charter calls on all States party to the charter to protect children from all forms of sexual exploitation and sexual abuse