Legislative Framework
LEGISLATION
>International Obligations
In recognizing the fundamental importance of the need to ensure that children globally are entitled to care, assistance and protection, South Africa has ratified and signed various international agreements, protocols, declarations and conventions. As Bosasa Youth Development Centres we make sure that we work within the parameters of these.
• United Nations Convention on the Rights of the Child
This Declaration aims to establish that a child by reason of his physical and mental immaturity needs special safeguards and care, including appropriate legal protection, before as well as after birth. These rights are also applicable to children awaiting trial.
· United Nations Guidelines for the Prevention of Juvenile Delinquency
The Riyadh Guidelines set out the roles of Government with regards to the following sections:
- General prevention
- Socialisation processes- Within Families,
Education, Community, Mass media
- Social policy
- Legislation and juvenile justice administration
- Research, policy development and
co-ordination
• United Nations Standard Minimum
Rules for the Administration of Juvenile Justice
The Standard Minimum Rules provide a set of basic principles to promote the use of non-custodial measures, as well as minimum safeguards for persons subject to alternatives to imprisonment. The Rules are intended to promote greater community involvement in the management of criminal justice, specifically in the treatment of offenders, as well as to promote among offenders a sense of responsibility towards society.
When implementing the Rules, the State shall endeavour to ensure a proper balance between the rights of individual offenders, the rights of victims, and the concern of society for public safety and crime prevention.
The State shall develop non-custodial measures within their legal systems to provide other options, thus reducing the use of imprisonment, and to rationalize criminal justice policies, taking into account the observance of human rights, the requirements of social justice and the rehabilitation needs of the offender.
• United Nations Rules for Juveniles
Deprived of their Liberty (JDL Rules)
The JDL Rules aims to establish minimum standards accepted by the United Nations for the protection of juveniles deprived of their liberty. The standards are set in sections, i.e.:
- Records
- Admission, registration, movement and
transfer
- Classification and placement
- Physical environment and accommodation
- Education, vocational training and work
- Recreation
- Medical care
- Notification of illness, injury and death
- Limitations of physical restraint and the use of
force
- Disciplinary procedures
- Inspection and complaints
- Return to community
- Personnel
• United Nations Convention on the Rights of the Child
This Declaration aims to establish that a child by reason of his physical and mental immaturity needs special safeguards and care, including appropriate legal protection, before as well as after birth. These rights are also applicable to children awaiting trial.
· United Nations Guidelines for the Prevention of Juvenile Delinquency
The Riyadh Guidelines set out the roles of Government with regards to the following sections:
- General prevention
- Socialisation processes- Within Families,
Education, Community, Mass media
- Social policy
- Legislation and juvenile justice administration
- Research, policy development and
co-ordination
• United Nations Standard Minimum
Rules for the Administration of Juvenile Justice
The Standard Minimum Rules provide a set of basic principles to promote the use of non-custodial measures, as well as minimum safeguards for persons subject to alternatives to imprisonment. The Rules are intended to promote greater community involvement in the management of criminal justice, specifically in the treatment of offenders, as well as to promote among offenders a sense of responsibility towards society.
When implementing the Rules, the State shall endeavour to ensure a proper balance between the rights of individual offenders, the rights of victims, and the concern of society for public safety and crime prevention.
The State shall develop non-custodial measures within their legal systems to provide other options, thus reducing the use of imprisonment, and to rationalize criminal justice policies, taking into account the observance of human rights, the requirements of social justice and the rehabilitation needs of the offender.
• United Nations Rules for Juveniles
Deprived of their Liberty (JDL Rules)
The JDL Rules aims to establish minimum standards accepted by the United Nations for the protection of juveniles deprived of their liberty. The standards are set in sections, i.e.:
- Records
- Admission, registration, movement and
transfer
- Classification and placement
- Physical environment and accommodation
- Education, vocational training and work
- Recreation
- Medical care
- Notification of illness, injury and death
- Limitations of physical restraint and the use of
force
- Disciplinary procedures
- Inspection and complaints
- Return to community
- Personnel
Children's rights illustration
Rights & Responsibilities illustration
Magistrates Office illustration
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International Obligations
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