Abstract
This article looks at the development of 'baby safe haven' laws in Namibia as a response to unsafe infant abandonment and examines the lack of similar laws in South Africa to curb this practice. The central question addressed in the article is whether an obligation rests with the South African legislature to prevent unsafe infant abandonment by providing a safe alternative. This question is expounded upon by looking at the approach or the mechanisms adopted in countries around the world with a specific focus on South Africa's neighbouring country, Namibia. The impact of the non-legalisation of any of these mechanisms in South Africa is dealt with through analysing the various human rights that are infringed in terms of the South African Constitution. The previous laws governing the abandonment of infants in Namibia are compared with the more recent introduction of 'baby safe haven' laws, which is indicative of how far Namibia has come in moving from emulating South African laws in the realm of children to taking the lead in introducing a safe alternative to unsafe abandonment. Lastly, the current South African law, which is reactive in its approach to infant abandonment, is dealt with. The conclusion is reached that in view of what Namibia has done an obligation indeed rests on the South African legislature urgently to implement similar laws to save the lives and protect the various other rights of unsafely abandoned infants. It is proposed that 'baby savers' and 'baby safe haven laws' urgently should be introduced in South Africa to prevent further deaths through the unsafe abandonment of infants in places such as toilets, pit latrines and open fields.
Highlights
The worldwide issue of unsafe infant abandonment with a specific focus on NamibiaThe issue of unsafe infant abandonment, which often leads to the death of infants, is a worldwide problem that has seen many countries introduce mechanisms to prevent this practice
Summary: This article looks at the development of ‘baby safe haven’ laws in Namibia as a response to unsafe infant abandonment and examines the lack of similar laws in South Africa to curb this practice
The previous laws governing the abandonment of infants in Namibia are compared with the more recent introduction of ‘baby safe haven’ laws, which is indicative of how far Namibia has come in moving from emulating South African laws in the realm of children to taking the lead in introducing a safe alternative to unsafe abandonment
Summary
The worldwide issue of unsafe infant abandonment with a specific focus on Namibia. The issue of unsafe infant abandonment, which often leads to the death of infants, is a worldwide problem that has seen many countries introduce mechanisms to prevent this practice. Freedom of association is not limited to companies and applies to family relations.[21] A child’s right to a legal identity is encompassed in the right to a name and nationality from birth (section 28(1)(a)).[22] The right to family and parental care (section 28(1)(b)) entails that where such a family no longer is in existence, at the very least information must be provided to the child of his or her origins, otherwise the right to knowledge of origins will be infringed.[23] Section 28(2), which deals with the best interests of the child, includes the right to an identity according to Giroux.[24] Lastly, the right to human dignity comprises the right to knowledge of one’s origins as various authors suggest that dignity is at the core of psychological well-being.[25] Despite the various rights at play arising out of the unsafe abandonment of an infant, the right to life remains the most important of all rights and the threat of an infringement of this fundamental right warrants a look at the alternative options available in lieu of unsafe infant abandonment. It is found that the right to life prevails and the limitation of the right to knowledge of the child’s origins is warranted in terms of the limitation clause in sec 36 of the Constitution. 24 M Giroux & M de Lorenzi ‘Putting the child first: A necessary step in the recognition of the right to identity’ (2011) 27 Canadian Journal of Family Law 59-60. 25 DM Ziedonis, C Larkin & R Appasani ‘Dignity in mental health practice and research: Time to unite on innovation, outreach and education’ (2016) 44 Indian Journal Medical of Research 491
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