The recent judgment by the Supreme Court of Appeal (SCA) in De Villiers v S to set aside the decision of the High Court and reduce the sentence of Mrs De Villiers is a victory for children’s rights and echoes precedent that dictates that where a child will be affected by the incarceration of a parent/ caregiver, heavy consideration must be afforded to the best interests of that child. Considering the importance of children’s rights, it is necessary to reflect on the thinking of the Court in handing down this decision.

In this case, Mrs De Villiers, a mother of two minor children, had been tried and convicted of 31 counts of fraud. Her husband and father of the children, has an addiction, thus the childcare responsibilities were largely borne by Mrs De Villiers.

Introduction

1. The Centre for Constitutional Rights (CFCR) is a unit of the FW de Klerk Foundation – a nonprofit organisation dedicated to promoting and upholding the Constitution of the Republic of South Africa, 1996 (the Constitution). To this end, the CFCR seeks to promote the values, rights and principles provided for in the Constitution; to monitor developments including conduct, policy and draft legislation that might affect the Constitution and the values, rights or principles provided therein; to inform people and organisations of their constitutional rights; and to assist them in claiming their rights. We do so in the interest of every person in South Africa.

2015 marks the 24th year of the ‘16 Days of Activism against Violence against Women’ campaign. By now, it is common knowledge that this is an initiative of the United Nations to acknowledge, address and eliminate all forms of violence against women. Each year, for 16 days, governments, organisations and people from all walks of life run campaigns and programmes aimed at creating awareness about gender-based violence, all wearing the colour orange which has become synonymous with the movement.

20 November marks the day on which the United Nations General Assembly adopted the Declaration of the Rights of the Child (the Declaration) in 1959, and later,  the Convention on the Rights of the Child (the Convention) in 1989. The Convention has since come to be the most ratified human rights treaty in history. It holds governments, society, parents and the international community accountable for the fulfilment of certain obligations in the realisation of the rights of children.