Government, in partnership with civil society and NGO’s, has a critical role to play in combating child abuse, neglect and exploitation. This Framework will enable us to respond more effectively to community needs regarding child protection. However, we should also remember that effective child protection cannot take place in isolation from other critical problems affecting our communities. We therefore need to implement this policy in conjunction with all relevant government policies and programmes, especially those that are designed to target poverty, HIV/AIDS, violence against women and children, community development and Promotion of gender equality.

In addition to the intersectoral and interdisciplinary approach, the important elements of this policy framework include the creation of a safer environment for children, the strengthening of family life, accessibility of services, capacity building, empowerment of families/children and communities, as well as the provision of adequate resources, and trained and skilled personnel.

The Framework envisages ongoing research, the review of existing regulation and the drafting of appropriate legislation to strengthen our response to the needs of vulnerable children and families. Although the policy is intended to be comprehensive, it may not yet cover all concerns of role-players, these will be addressed during the regular review that will take place over time. The intention is to initiate adequate mechanisms, and to strengthen existing mechanisms, to protect children from abuse, neglect and exploitation.

I am asking all South Africans to regard "everybody’s child as your child" and to take up the challenge of protecting all children anywhere and at any time. Let us put children first in whatever we do and create an environment where children can grow up in security without fear. Remember that the success of a country is judged by the state of its children!

This policy framework is the result of collaboration between role players in the governmental and non-governmental sector. The framework bears witness to the fact that different government departments and their partners in the NGO sector can work together on common issues, especially issues they are passionate about such as the protection of South African children.

The key role of the former National Committee on Child Abuse and Neglect (NCCAN) in overseeing the process of producing the policy framework is acknowledged. Following its establishment in 1996 the committee’s scope was broadened, and it was renamed the National Child Protection Committee (NCPC) in 2003. The NCPC consists of the following principal role players in the field of child protection: Government departments such as Social Development, Correctional Services, Health, Education, Home Affairs, Foreign Affairs, South African Police Service, Justice and Constitutional Development, Labour, the Office on the Rights of the Child, The Presidency (ORC), the National Prosecuting Authority, the Human Rights Commission (HRC), the National Children’s Rights Commission (NCRC), the Youth Commission national House of Traditional Leaders, the South African National Council for Child Welfare, the National Coalition for Social Services (NACOSS), the South African Society for the Prevention of Child Abuse and Neglect (SASPCAN), United Nations Children’s Fund (UNICEF), Save the Children (Sweden), the National Council for Persons with Physical Disability, Family and Marriage Society of South Africa (FAMSA), Institute for Democracy in South Africa (IDASA), Statistics South Africa, Childline SA, the South African Women’s Federation, the National Street Child Alliance, University of the Western Cape: Child and Youth Research and Training Programme, Provincial Programme of Action Steering Committees in the provinces (PPASC), the Offices of the Premiers and the Provincial Departments of Social Development.

Special thanks is extended to all those individuals and departments that participated in this work dating back as far as 1994. They had faith in the democratic process and the patience to know that a consultative policy framework would eventually be tabled, which would signal their commitment to protecting children and preventing further abuse, neglect and exploitation.

The Swedish Save the Children Fund, Radda Barnen, was involved in the process from the start, funding workshops and assisting with training in the provinces. UNICEF affirmed its commitment to the welfare of South African children by funding the latter part of the policy formulation process and providing technical support.

The following people/institutions warrant special mention: Dr Jackie Loffell of the South African Society for the Prevention of Child Abuse and Neglect (SASPCAN), Ms Joan van Niekerk of Childline South Africa, Prof. Rose September of the University of the Western Cape: Child and Youth Research and Training Programme, the Office on the Rights of the Child within the Presidency (ORC) and the Department of Social Services: Gauteng.

Within the Department of Social Development the following units are acknowledged for their important input: The Information Technology Unit and the Directorate: Children.

AIDS Acquired Immune Deficiency Syndrome

AU African Union

BCEA Basic Conditions of Employment Act

CLAP Child Labour Action Programme

COLTS Culture of Learning and Teaching

CPR Child Protection Register

CPS Child Protection System

DCS Department of Correctional Services

DEAT Department of Environmental Affairs and Tourism

DH Department of Health

DICAG Disabled Children Action Group

DoE Department of Education

DoJ Department of Justice and Constitutional Development

DSD Department of Social Development

DSS Department of Social Services

FCS Family Violence, Child Protection and Sexual Offences Unit

GEM Girls education movement

HIV Human Immunodeficiency Virus

HRC Human Rights Commission

IDASA Institute for Democracy in South Africa

IDP Integrated Development Plans

ILO International Labour Organisation

ISPCAN International Society for the Prevention of Child Abuse and Neglect

LPASC Local Programme of Action Steering Committee

LCPC Local Child Protection Committee

MINMEC Committee of Ministers and respective Members of the Executive Council

NACOSS National Coalition for Social Services

NAFCI National Adolescent Friendly Clinic

NCCAN National Committee on Child Abuse and Neglect

NCOP National Council of Provinces

NCPC National Child Protection Committee

NCPS National Crime Prevention Strategy

NCRC National Children’s Rights Commission

NGO Non-governmental organisation

NPASC National Programme of Action Steering Committee

OAU Organisation of African Unity

ORC Office on the Rights of the Child, The Presidency

PHC Primary Health Care Policy

PCPC Provincial Child Protection Committee

PPASC Provincial Programme of Action Steering Committees

PPASA Planned Parenthood Association of South Africa

RNCS Revised National Curriculum Statement

SACU South Africa Custom Union

SALRC South African Law Reform Commission

SAPS South African Police Services

SASPCAN South African Society for the Prevention of Child Abuse and Neglect

SDIB Service Delivery Improvement Plan

SOCA Sexual Offences and Community Affairs Unit

TBP Time Bound Programme

UCT University of Cape Town

UNCRC United Nations Convention on the Rights of the Child

UNGASS United National General Assembly Special Session

UNICEF United Nations Children’s Fund

VEP Victim Empowerment Programme

WFCL Worst forms of child labour

WHP Women’s Health Project

WTO World Trade Organisation

The Draft Strategy on Child Abuse and Neglect – now called the National Policy Framework for the Prevention and Management of Child Abuse and Neglect – has a history going back eight years.

The development of the policy framework and strategic plan was a coordinated and integrated response to child abuse, recognised as far back as 1996, when the NCCAN devised a Draft National Strategy for Child Abuse and Neglect (Draft Strategy). The NCCAN comprised all government departments responsible for providing services to children, as well as the key non-governmental organisations that operated under the auspices of the then Inter-Ministerial Committee on Children and the National Programme of Action. The Draft Strategy, which was published in 1998, covered critical elements of policy and legislation, prevention strategies, child protection service management, training and capacity building, research and the dissemination of knowledge, and structural provisions for service delivery. Although the Draft Strategy was not adopted formally, it has informed many of the initiatives implemented since then, and many aspects of the Draft Strategy remain relevant today.

In May 2001, the former Department of Welfare, as the lead department, started reviewing the Draft Strategy with a view to updating it for submission to and adoption by the NCCAN.

To fast-track the collation of inputs, the NCCAN selected a core task team of conveners to work on different chapters. The brief of the task team was to collate inputs from role players in order to finalise the policy framework.

The work of the core task team culminated in a document known among the role players as the June 2003 Document. This document became the main source for the "new" process of finalising the policy framework.

The new process is based on the following milestones:

• Task team meetings to finalise the draft document: February – May 2004
• Workshop with all role players: 1 – 2 April 2004 and 29 – 30 April 2004
• Task team meeting to round off work: April and May 2004
• Distribution of document to wider role players: May 2004
• Task team meeting to finalise the inputs: June 2004
• Costing of the document: June – July 2004
• Approval by Cabinet: October 2004

The partners in this process are national Government departments such as Social Development, Correctional Services, Health, Education, Home Affairs, Foreign Affairs, South African Police Service, Justice and Constitutional Development, Labour, the Office on the Rights of the Child, The Presidency (ORC), the National Prosecuting Authority, the Human Rights Commission (HRC), the National Children’s Rights Commission (NCRC), the Youth Commission, National House of Traditional Leaders, the South African National Council for Child Welfare, the National Coalition for Social Services (NACOSS), the South African Society for the Prevention of Child Abuse and Neglect (SASPCAN), United Nations Children’s Fund (UNICEF), Save the Children (Sweden), the National Council for Persons with Physical Disability, Family and Marriage Society of South Africa (FAMSA), Institute for Democracy in South Africa (IDASA), Statistics South Africa, Childline SA, the South African Women’s Federation, the National Street Child Alliance, University of the Western Cape: Child and Youth Research and Training Programme, Provincial Programme of Action Steering Committees in the provinces (PPASC), the Offices of the Premiers and the Provincial Departments of Social Development.

The workshops and task team meetings on the National Policy Framework for the Prevention and Management of Child Abuse, Neglect and Exploitation have resulted in a consensus document based on intersectoral collaboration that addresses the hiatuses in child protection. The document will be distributed to all role players for further input and it will also be costed for budgeting and implementation purposes.

• Socio-political factors – The political history of the country, which has been characterised by institutional violence and racism, has impacted negatively on the youth. Most young people are now unable to empathise with others and have become abusers themselves.
• Social attitudes towards children – Social attitudes towards children often determine how children are treated. There are important connections between child abuse and the ways in which children are socially construed.
• Gender roles – Traditional practices of relegating women and girls to inferior positions in society often make them vulnerable to abuse. Girls and women also develop patterns of abusive behaviour themselves.
• Poverty – Children living in impoverished conditions are more likely to become victims of abuse. In their attempt to eke out a living and also because of their abuse by others, children living in poverty often find themselves in prostitution. These are frequently unable to access services that would protect them from abuse.
• Family structure and functioning – While the family is meant to be the first line of protection for children, child abuse often occurs within the family. Many children experience their first abuse in this environment. Various factors in the family situation make children vulnerable to abuse.
• Substance abuse – The abuse of alcohol and other substances contributes to many forms of child abuse and neglect. Parents and caregivers who abuse substances often neglect the children in their care.
• Domestic violence – Children exposed to domestic violence suffer emotional trauma and also learn patterns of violence.
• HIV and AIDS pandemic – Children who are infected and affected by HIV/AIDS are predisposed to abusive behaviour because of their vulnerability. Those infected may be at high risk of neglect and abandonment.
• Child-headed households – Children heading households are vulnerable to abuse in many forms. Some children find themselves in prostitution in an attempt to earn a living for themselves and younger siblings in their care.
• Children in care – Children in care facilities may suffer abuse at the hands of untrained caregivers or other children.
• Children in holding facilities – Sentenced children and children in holding facilities are at high risk of abuse. The delays in the criminal justice system increase the vulnerability of these children.
• Children with disabilities – Children with disabilities are vulnerable to abuse because they need personal care, they often have an impaired capacity to avoid abuse and they have communication difficulties. They may also suffer neglect because of their dependency on others as they cannot do things for themselves or even move around on their own.
• Refugee and undocumented children – Because of their marginalisation from mainstream society, refugee and undocumented children are highly vulnerable to abuse. Such children are also often subjected to xenophobia.
• Traditional and customary practices – Some cultural practices, despite promoting positive values, have been distorted and are causing harm and even death to children and youth in some communities.
• Children being trafficked – in the incidence of child trafficking is on the rise in South Africa and such children are often found in conditions of perpetual slavery; where they are abuses both sexual and physically.
• Shortcomings in the child protection system (CPS) – Because of its ineffectiveness, the child protection system poses the risk of secondary abuse to children.

• Insufficient attention to prevention – The CPS continues to underrate the importance of prevention. Children are still not receiving the protection they deserve, as strategies to prevent child abuse are more reactive than proactive, with children expected to protect themselves against abusive adults.
• Child protection system and secondary abuse – Where protective interventions are not carried out with the required knowledge, skill, intensity and follow-up, there is a potential for secondary abuse of children.
• Critical human resource problems – In all sectors of the CPS, staff carry heavy workloads, are paid poorly and have to put up with poor working conditions. This often results in a high turnover of experienced professionals, leaving new and inexperienced staff to attend to abused children. This constitutes a serious problem in the system.
• Inadequate service delivery – The lack of a common philosophy, methodology and approach is detrimental to the CPS. There is no uniformity across the provinces in terms of the availability of different team members and resources within the CPS. The criminal justice system warrants special mention because of limited collaboration between the major role players, limited support at the courts for children and in particular for children with disabilities.
• Local authorities – Children are still not offered protection in their immediate neighbourhoods because of the lack of involvement of some local authorities in the child protection system.
• Media messages – Children often suffer abuse because of the way in which the media report events. The media frequently disregard laws protecting children.
• Lack of coordinated research knowledge – There is a dearth of research knowledge and statistics on child abuse, neglect and exploitation. Where research is undertaken, children are not always protected.
• Services to children with disabilities – Children with disabilities are still confronted with barriers in the child protection system.
• Reporting system – The reporting system has inadequacies in terms of back-up services for children, and these inadequacies expose children to further abuse.
• Relationship between government and child protection NGOs – The protection of children is primarily a government responsibility. In South Africa, most of the statutory work of protecting children is done by NGO’s without adequate resource support from government. This strains the relationship between government and NGOs.

• UN Convention on the Rights of the Child – The Convention spells out the human rights of children: The right to survival, to develop to the fullest, to receive protection from harmful influences, to be protected against abuse and exploitation, and to participate fully in family, cultural and social life. The Convention has four foundation principles: Non-discrimination; best interests of the child; the child’s right to life, survival and development; and respect for the views of the child.
• African Charter on the Rights and Welfare of the Child – African nations have adopted this Charter, which commits them individually and collectively to take the necessary steps and measures (legislative and others) to ensure the protection, survival and development of the African child in conformity with the provisions of the Charter.
• International Labour Organisation (ILO) 182 0n the Elimination of the Worst Forms of Child labour – Ratifying governments have to take measures to abolish the worst forms of child labour.
• Optional Protocol to the UN Convention on the Rights of the Child, on the Sale of Children, Child Prostitution and Child Pornography – The Protocol focuses on the criminalisation of serious violations of children’s rights: The sale of children, illegal adoptions, child prostitution and pornography.

• SA Constitution Act, 1996 (Act No. 108 of 1996) – The Bill of Rights entrenched in the Constitution provides for the protection, promotion and respect for the human rights of all South Africans. Section 28(1) deals particularly with the rights of children.
• Child Care Act, 1983 (Act No. 74 of 1983) – The Act is the primary statute for the protection of children and young people. It also provides for the investigation of cases of alleged abuse and neglect.
• Prevention of Family Violence Act, 1993 (Act No. 133 of 1993) – The Act requires that anyone in a position of responsibility for a child must report to a police official, a Commissioner of Child Welfare or a social worker in a designated organisation, any reasonable suspicion that a child has been abused.
• Common law – Common law covers a wide range of offences including murder, assault, kidnapping, rape and incest. It is the basis for the prosecution in offences against children and adults in such cases.
• Domestic Violence Act, 1998 (Act No. 116 of 1998) – The Act enables a court to exclude a known or alleged perpetrator of domestic violence from a child’s home or restrict other forms of access by him/her.
• Criminal Procedure Act, 1977 (Act No. 51 of 1977)

• Sexual Offences Act, 1957 (Act No. 23 of 1957)

• Film and Publications Act, 1996 (Act No. 65 of 1996 as amended)

4. ELEMENTS OF AN EFFECTIVE RESPONSE TO CHILD ABUSE, NEGLECT AND

• The rights of children as set out in the Constitution, the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child should be upheld at all times.
• The child protection system in South Africa should be child-centred and should recognise children as individuals and also as members of families and communities. In all decisions and actions concerning the child, his or her best interests should be the primary concern.
• Opportunities should be provided for children to be heard in matters affecting them.
• Programmes should be responsive to the diversity of children’s cultural backgrounds and to the circumstances in which they find themselves.
• Services should be intersectoral, fully integrated and based on partnerships between government and civil society; all role players should be accountable for their actions.
• The safety, well-being and protection of children should take precedence in all matters affecting them.
• Services for children should be in alignment with Batho Pele and Ubuntu principles.

• Ensuring an effective and holistic service delivery system
• Ensuring an intersectoral and interdisciplinary approach
• Developing and facilitating the implementation of intersectoral and interdisciplinary protocols
• Ensuring the development and implementation of minimum standards
• Providing an appropriate legal environment
• Ensuring monitoring and evaluation
• Promoting and facilitating research and information management
• Ensuring capacity building and training
• Ensuring the provision of adequate resources
• Mitigating the risk factors associated with child abuse

The role players at this level are:

• Cabinet and cabinet committees – Cabinet is responsible for approving and implementing legislation. The portfolio committees of the core departments (Social Development, Justice and Constitutional Development, Safety and Security, Health, Education, Correctional Services) make recommendations to Cabinet.
• National Council of Provinces – Represents provincial interests at the national level.
• MINMEC structures – Departments with concurrent functions report to MINMEC.
• Clusters of directors-general – The directors-general concerned are responsible for implementing and monitoring implementation of the policy.
• National Programme of Action Steering Committee (NPASC) – The main objective of the NPASC is to facilitate, coordinate and monitor collaboration between government and civil society at all levels in initiatives aimed at protecting the child.
• National Child Protection Committee (NCPC) – The Committee is responsible, among other things, for coordinating, planning and implementing the strategic plan, and for providing technical support to provinces and monitoring policy implementation.

• Provincial Programme of Action Steering Committees (PPASC) – These committees are instrumental in the implementation of the National Plan Of Action and the achievement of strategic objectives in the provinces.
• Provincial Child Protection Committees (PCPC) – These committees, which operate only in some provinces, produce sustainable, documented plans for the multidisciplinary investigation, prevention and treatment of child abuse within the ambit of this policy framework.

• Local Programme of Action Steering Committees (LPASC) – These committees facilitate and implement the plans of action at a local level.
• Local Child Protection Committees (LCPC) – These committees coordinate the Strategic Plan on the Prevention and Management of Child Abuse, Neglect and Exploitation at a local level.

The strategic plan will be costed.

1. INTRODUCTION 1 - 2
1. Purpose of the policy framework 2 - 3
2. Historical overview 3 - 5
3. Defining Key Concepts 5
1. Abuse 5
2. Child 6
3. Commercial Sexual Exploitation 6
4. Emotional abuse 6
5. Exploitation 6
6. Neglect 7
7. Physical abuse 7
8. Sexual abuse 7
2. SITUATION ANALYSIS 8
1. Nature of the problem 8
2. Extent of the problem 9 - 12
3. Factors associated with child abuse 12
1. Socio-political factors 12
2. Social attitudes towards children 12
3. Gender Roles 13
4. Poverty 13 - 14
5. Family structure and functioning 14
6. Substance abuse 15
7. Domestic violence 16
8. HIV and AIDS Pandemic 16 - 17
9. Child-headed households 17
10. Children in care 17
11. Children in holding facilities 17 - 18
12. Children with disabilities 18 - 19
13. Refugee and undocumented children 19
14. Traditional and customary practices 19
15. Shortcomings within the Child Protection System 19 - 20
4. Limitations of the child protection system 20 - 21
1. Insufficient attention to prevention 23 - 24
2. Child protection system and secondary abuse 24
3. Critical human resource problems 24 - 26
4. Inadequate service delivery 26 - 28
5. Local authorities 28
6. Media messages 28 - 29
7. Lack of co-ordinated research and knowledge 29
8. Services to children with disabilities 29
9. Inadequately conceptualized and poorly functioning

reporting system 29 - 30

10. Relationship between the government and child

protection NGOs 30 - 32

3. LEGISLATIVE AND POLICY FRAMEWORK 32
1. International obligations 32
1. UN Convention on the Rights of the Child 33 - 34
2. African Charter on the Rights and Welfare of the Child 34
3. International Labour Organisation (ILO) 182 34 -35
4. Optional Protocol to the UN Convention on the Rights of the Child

on the Sale of children and Child Prostitution and Pornography 35 - 36

2. National Legislation 36
1. SA Constitution Act, 1996 (Act No. 108 of 1996) 36 - 37
2. Child Care Act, 1983 (Act No. 74 of 1983) 37
3. Prevention of Family Violence Act, 1993 (Act No. 133 of 1993) 37
4. Common Law 37
5. Domestic Violence Act, 1998 (Act No. 116 of 1998) 38
6. Criminal Procedure Act, 1977 (Act No. 51 of 1977)

as amended 38

7. The Sexual Offences Act, 1957 (Act No 23 of 1957) 38
8. Film and Publications Act, 1996 (Act No. 65 of 1996)

as amended 39

3. Legislation in process 39
4. Other legislation impacting on the lives of children 40
5. Policy and key programme initiatives 41
1. Department of Social Development 41 - 46
2. Department of Education 46 - 53
3. Department of Health 53 - 54
4. Department of Justice and Constitutional Development 55 - 59
5. Department for Safety and Security 59 - 60
6. Department of Correctional Services 60 - 64
7. Department of Labour 64 - 65
8. Department of Home Affairs 65
9. Department of Foreign Affairs 65 - 66
10. Department of Environmental Affairs and Tourism 66
11. Department of Sport and Re-creation 66
4. ELEMENTS OF AN EFFECTIVE RESPONSE TO CHILD

ABUSE, NEGLECT AND EXPLOITATION 67

1. Introduction 67
2. Vision and Mission 67
3. Principles 68
4. Objectives of the Policy Framework 69

1. Ensuring an effective and holistic service delivery system 69 - 70
2. Ensuring an intersectoral and interdisciplinary approach 71
3. Developing and facilitating the implementation of

intersectoral and interdisciplinary protocols 71

4. Ensuring the development and implementation of

minimum standards 72

5. Providing an appropriate legal environment 73
6. Ensuring monitoring and evaluation 73
7. Promoting and facilitating research and information

Management 73

8. Ensuring capacity building and training 73
9. Ensuring the provision of adequate resources 74
10. Mitigating the risk factors associated with child

1. Co-ordinated reporting system 74 - 76
2. Family and community 76
3. Sectors involved in child protection service delivery 77

0. Departments with concurrent functions 77 - 78
1. Department of Social Development 78
2. Social work services delivered by governmental and

2. Department of Justice and Constitutional

1. RESEARCH AND INFORMATION MANAGEMENT 92
2. MONITORING AND EVALUATION 93
1. Objectives of monitoring and evaluation 93
2. Criteria for multi-disciplinary management of child abuse 93
3. Context for monitoring and evaluating 93 - 94
3. INSTITUTIONAL FRAMEWORK 94
1. National arrangements 94
1. Cabinet and Cabinet Committees 94
2. National Council of Provinces 96
3. MINMEC Structures 96
4. Clusters of Directors-General 96
5. National Programme of Action Steering Committee (NPASC) 96 - 97
6. National Child Protection Committee 97 - 99
2. Provincial arrangements 99
1. Provincial Programme of Action Steering Committees (PPASC) 99 - 100
2. Provincial Child Protection Committees 100-101
3. Local arrangements 101
1. Local Programme of Action Steering Committee (LPASC) 101-102
2. Local Child Protection Committees 101-102

8. RESOURRCE IMPLICATIONS 102

9. STRATEGIC PLAN 103

10. GLOSSARY 111-121

REFERENCES 122-123

ADDENDUM 124-131

APPENDIX A: LIST OF NCPC MEMBERS 132

APPENDIX B: LIST OF ROLE-PLAYERS 133

1. RISK ENVIRONMENT 22
2. SERVICES TO CHILDREN 72
3. FLOW CHART; OVERVIEW OF LEVELS OF INTERVENTION 86
4. INSTITUTIONAL FRAMEWORK 95