Children's Act Rights
Section 28: every child's constitutional right to education, health, and protection.
7 min read
The Children's Act 38 of 2005 is the primary piece of legislation governing children's rights in South Africa. Combined with the Constitution, it provides a strong framework for protecting the rights of neurodivergent children.
Key constitutional rights (Section 28)
Section 28 of the Constitution guarantees every child the right to:
- Basic nutrition, shelter, basic health care services, and social services
- Be protected from maltreatment, neglect, abuse, or degradation
- Not be required or permitted to perform work or provide services that place the child at risk
- Basic education (under Section 29)
- Have a legal practitioner assigned by the state in civil proceedings if substantial injustice would otherwise result
Children with disabilities: additional protections
The Children's Act specifically requires the state to take measures to:
- Provide early intervention and preventive services for children with disabilities
- Provide therapeutic, rehabilitation, and support services
- Provide family support services (including training caregivers)
- Prevent the institutionalisation of children with disabilities where possible
The SASSA connection
Children with severe disabilities may qualify for the Care Dependency Grant (CDG), which is a social grant administered by SASSA under the Social Assistance Act. This grant exists partly to fulfil the state's obligation under the Children's Act to support families caring for children with disabilities.
Check CDG eligibility →Healthcare rights
Under the National Health Act, children are entitled to free healthcare at public health facilities. This includes:
- Assessment and diagnosis at public hospitals
- Access to occupational therapy, speech therapy, and physiotherapy through the public health system (though waiting times can be long)
- University clinic services, which are often lower-cost than private practitioners
Making a complaint under the Children's Act
If you believe a child's rights under the Children's Act are being violated, you can:
- Contact the Department of Social Development in your province
- Contact a social worker at your local office
- Report to the South African Human Rights Commission: 011 477 8600