Reproductive health issues emanating from the Children's Act no. 38 of 2005 and amended in 2008: Rights of parents versus rights of children

Mpumelelo Ennocent Ncube, Eleanor Ross


The study took as its point of departure the Children's Act no. 38 of 2005 implemented in 2010, that aims to promote the preservation and strengthening of families and to give effect to the rights of children as enshrined in the Constitution of the Republic of South Africa. When the Act was introduced certain sectors of society applauded the government for its efforts to promote the rights of children, while others condemned the government's approach towards parents' rights in relation to reproductive health issues affecting their children. The primary aim of the research project was to explore the views of a group of parents in Johannesburg Metro Region 11 regarding reproductive health aspects embedded in the Children's Act. A small-scale, descriptive, cross-sectional survey research design was employed which involved individual interviews with 35 participants. The main finding that emerged from the study was that participants did not participate in the process leading up to the promulgation of the Act and consequently had little knowledge about the Act or its objectives. The fact that participants did not support certain clauses on reproductive health care and felt that their rights as parents were being violated, has implications for recommending amendments to the Act.

Authors' affiliations

Mpumelelo Ennocent Ncube, University of the Witwatersrand

Eleanor Ross, University of the Witwatersrand

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reproductive health care; contraception; surgical procedures; termination of pregnancy; virginity testing; consent; Children's Act

Cite this article

South African Journal of Bioethics and Law 2010;3(2):67.

Article History

Date submitted: 2010-06-17
Date published: 2010-12-15

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