Child Justice in South Africa: Application of International Instruments in the Constitutional Court

Abstract

International law provides rights, rules and principles that guide the manner in which children in conflict with the law should be treated. When children’s rights are violated, this international law framework can be used by lawyers and courts to identify the nature of the violation and determine the remedies that must be taken to redress the harm and alter law or practice to ensure such breaches are avoided in the future. This article describes the international framework and its effective application in the South African courts, through a discussion of four Constitutional Court cases dealing with children in conflict with the law. The article discusses the arguments that were advanced in the cases and illustrates the litigation strategies that were employed. The case discussions explore the extent to which the international law was applied, directly or indirectly, by the courts, and assess the jurisprudential and practical impact of the international instruments.