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HUMAN RIGHTS, ADVOCACY AND VICTIM EMPOWERMENT
"The experience of South Africans and of all peoples everywhere has taught that in order for the rights and freedoms embodied in constitutions to be realised, they must become a part of the everyday reality of citizens’ lives, and the institutions protecting them must be deeply entrenched. Our Constitution also embodies our understanding that our democratic rights and freedoms will only gain their true meaning as we overcome apartheid’s legacy of poverty and social injustice. South Africa’s National Action Plan for the Promotion and Protection of Human Rights is part of our efforts to achieve these goals. As the beneficiaries of the international community’s insistence that human rights are the rights of all people everywhere, the people of South Africa are proud to be participating, through this Plan, in an international effort to promote and protect human rights. The South African Government takes this opportunity, in the 50th Anniversary of the Universal Declaration of Human Rights, to put on record our commitment to the implementation of the National Plan and to put the Plan before our people and the international community." It is very difficult to obtain valid and reliable data on the magnitude of the violation on vulnerable groups. Of all the vulnerable groups in society (women, children, older persons and people with disabilities) only the rights of children are protected in the Constitution. There are however a number of international and national instruments to promote and protect the rights of the aforementioned vulnerable groups. As far as the national instruments are concerned, all welfare programmes and legislation are aligned with the Constitution. Adding to the power of the Constitution, the department works in partnership with the Office on the Status of Women, the Office on the Status of People with Disabilities and the Human Rights Commission. The department also ensures that the standards set in international instruments are integrated into our policies, legislation and programmes. Resolution 46/91, defining the principles for older persons, forms the basis of all programmes for older persons. As far as children is concerned, the Convention on the Rights of the Child adopted by the United Nations, is actively being promoted According to the statistics compiled by the Child Protection Unit for the period January-June 1998, sexual offences against children, were rated the highest with a figure of 9661, attempted murder 4099, abduction 1115. Other offences on children were 2539. Presently there are 70 000 children in foster care and 15 000 in residential care. The magnitude of violence against children suggests the degeneration of the social fabric of society and family life. The plight of women living in rural communities has to be addressed effectively. Often they are the primary caregivers, but lack access to effective welfare and health services. They are also subjected to unfair cultural practices. Approximately 5% of the South African population can be classified as older persons. The rapid growth in the number of older persons, especially the age group 85 years and older, indicate that mechanisms to promote the status of older persons is of critical importance for the very old, as well as frail older persons. There are currently 28 000 older persons accommodated in 408 residential care facilities. The aforementioned group is extremely vulnerable as a result of their physical and emotional condition. The mere fact that the majority of older persons has to collect their old age grants at paypoints suggests another group of vulnerable persons in need of protection. It is envisaged that the proposed new Bill on the Status of Older Persons will effectively promote the status of older persons in society. The integration of international instruments strengthen our efforts People with disabilities have been discriminated against for many years. They are treated as a liability rather than an asset and a pool of potential. The integration of the 21 Rules on the Equalisation of People with Disabilities, into the Welfare policies, programmes and legislation will actively promote the status of people with disabilities in society. Legislation regarding equal opportunities and recognition of people with disabilities by means of the Office on the Status of Disabled Persons, strengthen the endeavours of the Department of Welfare to promote the social integration of people with disabilities. The mainstreaming of people with disabilities, including children, is a positive development, but also warrants effective monitoring in order to prevent the abuse of the vulnerable disabled. Issues raised by a critical evaluation of the department’s responses to this situation - The transformation of social welfare services is most probably the best example of the department’s endeavours to promote the status of children, youth, families, older persons and people with disabilities. As far as older persons are concerned, the following will effectively address the plight of elderly:
Due to the high level of violence against women, children and families, the department has taken the lead in the Victim Empowerment Programme. (See Annexure 1). Good progress has been made with the finalisation of the Victim’s Charter of Rights 1999. (See Annexure 2). As far as the protection and promotion of the rights of children are concerned, good progress is being made. The African Charter on the Rights and Welfare of the Child will also be ratified before the end of 1999. The transformation of social welfare services will address the plight of children in need of care. Good progress is being made with Project Go, to prevent the detention of children and young people in police cells and prisons. It is also envisaged that the new comprehensive legislation for children will further promote current programmes and policies.
The following are suggested items for the agenda on transformation -
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