Failing to respect and fulfill: South African law and the right to protest for children

Nurina Ally

Abstract


Despite the historical and ongoing importance of protest as a vehicle for expression by children, current laws fail to protect and enable children’s participation in protest. More than two decades after the formal end of Apartheid, a child may be subject to criminal processes for convening a peaceful, unarmed protest.  This article highlights the importance of the right to protest for children and the obligation on the state to respect, protect and fulfil the right to protest specifically taking into account children’s interests. Through a description of the Mlungwana & Others vs The State and Others case, the article highlights the manner in which the criminalisation of peaceful protest by the Regulation of Gatherings Act fails to take into account the best interests of children and violates the right to protest.

Keywords


right to protest; children's rights

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References


Articles

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DOI: http://dx.doi.org/10.17159/2413-3108/2017/v0n62a3109

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