Research report - National Child Labour Action Programme for South Africa (1).doc

The childrens bill has been submitted to parliament

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The Childrens' Bill has been submitted to Parliament in the latter half of 2003. This Bill is the
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Page 42 Proposed action – by forms of harm Draft 4,10 Oct 2003 responsibility of the Department of Social Development (DSD). An important element of the Bill is the shift from an exclusive focus on supporting children who have suffered abuse and neglect, to inclusion of provisions that aim to prevent abuse and neglect, and supporting families to care for their children. Cabinet requested extensive amendments to the draft, which aim is to make the Bill practical and implementable, and these issues are still being debated in Parliament and among stakeholders. The Films and Publications Act prohibits child pornography and includes protection of children, in particular against exploitation or degradation in publications, films and on the Internet – see 3.4. The Department of Home Affairs (DHA) has spoken for some years about strengthening the Films and Publications Act, for example in respect of possession. However, the Act has not been amended yet. The SALRC had on its programme an investigation into pornography. However, this investigation has been put on hold given the fact that the Department of Home Affairs in the process of effecting amendments to the Films and Publications Act. In the SALRC Report on the Review of the Child Care Act, reference is made to child pornography on the Internet. The onus is placed on Internet Service Providers (ISPs) in South Africa to take all reasonable steps to block access to child pornography sites through their servers. Action steps proposed to address CSEC of children include the following: (48) Within DSD as lead department on CSEC, a senior staff member should be assigned to coordinate all CSEC-related activities of concerned departments and institutions. Lead institution: DSD* . New Policy? Elaboration of existing policy. Once off cost : nil . Recurrent cost: minimal. Time line: within one year of adoption of policy. (49) The dedicated courts on sexual offences established by the Sexual Offences and Community Affairs unit (SOCA) in the NProsAuth, should be responsible for prosecution of CSEC-related offences. Lead institution: NProsAuth* . Secondary institution: DJ*. New Policy? Elaboration of existing policy. Once off cost : nil. Recurrent cost regarding ONLY this action step (as distinct from the existing policy to establish such courts): minimal. Time line: within two years of adoption of policy. (50) The Children’s Bill, the Sexual Offences Bill and amendments to the Films and Publications Act should be dealt with and passed by Parliament urgently . Lead institutions: DSD* (Children's Bill); DJ* (Sexual Offences Bill); DHA (Films & Publications Act amendments). Secondary institution: NProsAuth*. New policy? Elaboration of existing policy. Once off cost: nil.
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