oa Article 40 - Enforcing children's rights through litigation

Volume 2 Number 3
  • ISSN : 1562-4382



The two recent High Court cases in Durban and Cape Town, in which the members of the public intervened on behalf of imprisoned children, once again demonstrates the role of litigation in advancing children's constitutional rights. The first case was an urgent application brought before the High Court in Durban by the South African Prisoners Organisation for Human Rights (SAPOHR), a voluntary organisation, on behalf of two boys aged thirteen and fourteen. These children were kept in a local prison in contravention of the provisions of the relevant legislation and in violation of their constitutional rights. The court ordered the immediate transfer of the two boys to a place of safety.

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