Children and young people’s right to participate in residential care in South Africa

Abstract

The South African Children’s Act accords the right to participate in all matters to every child of sufficient maturity. This article examines the Guidelines for the Alternative Care of Children to analyse the extent of the right in residential care and the degree that this right is realised in South Africa. South Africa’s laws and policies include detailed commitments to ensure that children and young people participate in professional assessments; judicial procedures; decisions about daily care and the governance of residential facilities. However, even the most perfectly crafted legal framework is no guarantee of the fulfilment of rights, therefore, it is critical to assess practice and outcomes.The government of South Africa routinely collects administrative data on the number of children and young people in residential care but no data that measure participation or even the statutory decision-making processes. The only information available comes from two cross-sectional studies of child and youth care centres (residential facilities). A review of the results suggests that the critical decision-making processes are not happening, and consequently children and young people lack opportunities to comment on their care or influence what happens to them. The article concludes that the state needs to train professionals on children’s rights and the Children’s Act and include protection and participation indicators as part of monitoring instruments. Monitoring will not be sufficient to create the conditions for participation to happen; however, it will begin to shed light on where efforts need to be increased.