Abstract
This is the first of two articles focusing on the development and consequence of children’s constitutional rights to bodily integrity and autonomy, as expressed in South African legislation. While this particular contribution evaluates the core constitutional rights at play and analyses key legislative provisions giving effect to these rights in South Africa, the contribution which follows tackles a more specific issue: the inadequate regulation of the legal position of “saviour sibling” and“benefactor children” in South African law.
Highlights
The Constitution of the Republic of South Africa, 1996 (“the Constitution”) represents a dramatic breakthrough in the realisation of human rights for South Africans of all ages, classes and colours.[1]
Working hand-in-hand with the right to bodily integrity is the contentious right of autonomy or self-government/self-determination
Despite not being found within a particular section of the Constitution, it is arguable that the right to autonomy is comprised of the rights to privacy, freedom of religion, belief and opinion, freedom of expression and freedom of association, all of which are rights that are guaranteed to children.[22]
Summary
This is the first of two articles focusing on the development and consequence of children’s constitutional rights to bodily integrity and autonomy, as expressed in South African legislation. While this particular contribution evaluates the core constitutional rights at play and analyses key legislative provisions giving effect to these rights in South Africa, the contribution which follows tackles a more specific issue: the inadequate regulation of the legal position of “saviour sibling” and “benefactor children” in South African law
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