Abstract
This contribution examines the protection of child witnesses in criminal proceedings under international and regional laws. This consideration is made against the background that the Constitution of the Republic of South Africa, 1996 proclaims in section 39(1)(b) that in interpreting the Bill of Rights and any legislation a court or tribunal must consider international law. The United Nations Convention on the Rights of the Child (1989), the African Charter on the Rights and Welfare of the Child (1990) and the United Nations Guidelines on Justice for Child Victims and Witnesses to Crime (2005) do not make specific reference to child witnesses and how they should be treated. However, it is argued that the guiding principles enshrined therein provide for the protection of child witnesses, particularly the best interests of the child and the right to participate. In addition, the article enumerates and explains the rights of child witnesses as provided for in the UN Guidelines. International law will be discussed first, and then South African law, to establish if the international obligation to protect child witnesses is being adhered to.
 
Highlights
The international child rights movement started in around 1924, when it led to the Geneva Declaration of the Rights of the Child (Geneva Declaration).1 The Geneva Declaration is considered a remarkable, momentous document, recognising and affirming the existence of the human rights of children2 for the first time in history.3 Subsequently, in 1959, the UN Declaration of the Rights of the Child4 was adopted, giving recognition to the vulnerabilities of children and proclaiming that children deserve special treatment in all matters concerning them.5 Further, the adoption of the Convention on the Rights of the Child6 and the African Charter on the Rights and Welfare of the Child7 pronounced children's rights as human rights under international law
This contribution examines the protection of child witnesses in criminal proceedings under international and regional laws
The use of child-sensitive procedures is recommended, including interview rooms designed for children, modified court environments that take child witnesses into consideration, recesses during a child's testimony, hearings scheduled at times of day appropriate to the age and maturity of the child, and other appropriate measures to facilitate the child's testimony
Summary
The international child rights movement started in around 1924, when it led to the Geneva Declaration of the Rights of the Child (Geneva Declaration). The Geneva Declaration is considered a remarkable, momentous document, recognising and affirming the existence of the human rights of children for the first time in history. Subsequently, in 1959, the UN Declaration of the Rights of the Child was adopted, giving recognition to the vulnerabilities of children and proclaiming that children deserve special treatment in all matters concerning them. Further, the adoption of the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child pronounced children's rights as human rights under international law. States parties have an obligation to protect, fulfil and promote the human rights of children, including the rights of “child witnesses” to crime. South Africa has an obligation under international law to ensure the protection and care of child witnesses as is necessary for their well-being.. The term “intermediary”, which is used in South African legislation, does not appear in the CRC or the ACRWC This contribution examines the protection of child witnesses in criminal proceedings under international and regional laws. International law will be discussed first, and South African law (legislation and case law) to establish if the international obligation is being adhered to
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