Section 234 of the Constitution of the Republic of South Africa, 1996, states that in order to deepen the culture of democracy established by the Constitution, Parliament may adopt Charters of Rights consistent with the provisions of the Constitution. In accordance with its obligations caused by ratifying various international instruments, the government adopted the Service Charter for Victims of Crime in South Africa in 2007. The Service Charter entrenches seven specific rights to a victim of a crime, which also includes the child as a victim. The purpose of this dissertation is to investigate the question whether the rights of child victims to be treated with fairness and with respect for dignity and privacy, to offer information and to receive information are satisfactorily protected within the South African legal framework in light of the requirements of the Constitution and the international legal framework. As point of departure, the background and legal nature of the Service Charter will be investigated briefly. The background of the relevant international and regional instruments are also discussed. This is followed by an analysis and an explanation of the theoretical foundations of the right to be treated with fairness and with respect for dignity and privacy, from an international, regional and a South African perspective. Attention is particularly drawn to the way the courts have interpreted the right to be treated with fairness and with respect for dignity and privacy. What the right entails within the Victim’s Charter is also investigated. This is followed by an analysis and an explanation of the theoretical foundations of the right to offer information and to receive information, from an international, regional and a South African perspective. What the right entails within the Victim’s Charter is also investigated. Finally, a conclusion is reached. / LLM (Comparative Child Law), North-West University, Potchefstroom Campus, 2014

Section 234 of the Constitution of the Republic of South Africa, 1996, states that in order to deepen the culture of democracy established by the Constitution, Parliament may adopt Charters of Rights consistent with the provisions of the Constitution. In accordance with its obligations caused by ratifying various international instruments, the government adopted the Service Charter for Victims of Crime in South Africa in 2007. The Service Charter entrenches seven specific rights to a victim of a crime, which also includes the child as a victim. The purpose of this dissertation is to investigate the question whether the rights of child victims to be treated with fairness and with respect for dignity and privacy, to offer information and to receive information are satisfactorily protected within the South African legal framework in light of the requirements of the Constitution and the international legal framework. As point of departure, the background and legal nature of the Service Charter will be investigated briefly. The background of the relevant international and regional instruments are also discussed. This is followed by an analysis and an explanation of the theoretical foundations of the right to be treated with fairness and with respect for dignity and privacy, from an international, regional and a South African perspective. Attention is particularly drawn to the way the courts have interpreted the right to be treated with fairness and with respect for dignity and privacy. What the right entails within the Victim’s Charter is also investigated. This is followed by an analysis and an explanation of the theoretical foundations of the right to offer information and to receive information, from an international, regional and a South African perspective. What the right entails within the Victim’s Charter is also investigated. Finally, a conclusion is reached. / LLM (Comparative Child Law), North-West University, Potchefstroom Campus, 2014

Sections 15 and 16 of the Criminal Law (Sexual Offences and Related Matters) Amended Act 32 of 2007 regulate consensual sexual acts between children. Both these sections criminalised children engaging in consensual sexual acts. The constitutionality of sections 15 and 16 of the Act where tested before the Constitutional Court by the Teddy Bear Clinic and RAPCAM. The Constitutional Court held that both articles are unconstitutional and ruled that these articles violate children's right to human dignity, privacy and the best interest of the child. The objective of this dissertation is to investigate whether children’s best interests are protected by law when they are involved in consensual sexual conduct. In order to answer this question, the historical background of legislation that regulated consensual sexual acts between children is analysed. Legislation that gives and protects children’s right to self-determination is examined. International instruments are also analysed. The High Court and the Constitutional Court judgements relating to children involved in consensual sexual conducts are discussed. The negative consequences of both these articles are discussed. The best interest principle is discussed according to case law. Ultimately a conclusion is reached. / LLM (Comparative Child Law), North-West University, Potchefstroom Campus, 2014

Sections 15 and 16 of the Criminal Law (Sexual Offences and Related Matters) Amended Act 32 of 2007 regulate consensual sexual acts between children. Both these sections criminalised children engaging in consensual sexual acts. The constitutionality of sections 15 and 16 of the Act where tested before the Constitutional Court by the Teddy Bear Clinic and RAPCAM. The Constitutional Court held that both articles are unconstitutional and ruled that these articles violate children's right to human dignity, privacy and the best interest of the child. The objective of this dissertation is to investigate whether children’s best interests are protected by law when they are involved in consensual sexual conduct. In order to answer this question, the historical background of legislation that regulated consensual sexual acts between children is analysed. Legislation that gives and protects children’s right to self-determination is examined. International instruments are also analysed. The High Court and the Constitutional Court judgements relating to children involved in consensual sexual conducts are discussed. The negative consequences of both these articles are discussed. The best interest principle is discussed according to case law. Ultimately a conclusion is reached. / LLM (Comparative Child Law), North-West University, Potchefstroom Campus, 2014