The legal protection of abandoned infants in South Africa and Namibia

Abstract

This dissertation examines South Africa's adherence to international principles concerning the protections established for infant abandonment. The advancement of children's rights has progressed significantly from the Geneva Declaration of 1924 to the establishment of binding international frameworks such as the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child. The four fundamental principles identified in international child law, under the above two treaties, are considered the guiding principles for the enforcement of children's rights. The four principles are non-discrimination, the best interests of the infant, the right to life, survival and development, and participation in decision-making. South Africa and Namibia have both ratified these treaties, thereby binding themselves to align and interpret their national laws in accordance with these international principles. Although South Africa has made significant progress, legislation concerning infant abandonment remains mainly reactive rather than preventative and proactive. Namibia, in contrast, has established a legislative framework that incorporates safe haven provisions, serving both as a proactive and protective measure for vulnerable infants. The Namibian legislation decriminalizes the safe abandonment of infants while simultaneously punishing unsafe abandonment and abusive treatment of infants. Overall, Namibia demonstrates a greater adherence to international principles, whereas South Africa remains in a reactive stance, concentrating on the effects following abuse. This study demonstrates that, despite South Africa possessing a comprehensive legislative framework concerning children's rights, some aspects remain only partially addressed. Deficiencies persist in clearly distinguishing between safe and iii unsafe abandonment of children. Furthermore, South Africa remains in the legislative stance of criminalising all instances of abandonment.