Court support workers speak out: Upholding children's rights in the criminal justice system
Loading...
Date
2014
Journal Title
Journal ISSN
Volume Title
Publisher
Institute for Security Studies (ISS)
Abstract
The prevalence of sexual offences against children in South Africa continues to be among the highest in the
world. The quality and accuracy of a child's testimony is often pivotal to whether cases are prosecuted, and
whether justice is done. Child witness programmes assist child victims of sexual abuse to prepare to give
consistent, coherent and accurate testimony, and also attempt to ensure that the rights of the child are upheld
as enshrined in the various laws, legislative frameworks, directives and instructions that have been introduced
since 1994. We draw on information from two studies that sought the perspectives of court support workers to
explore whether a child rights-based approach is followed in the criminal justice system (CJS) for child victims
of sexual abuse. Findings suggest varying degrees of protection, assistance and support for child victims of
sexual abuse during participation in the CJS. The findings revealed that the rights of children to equality, dignity
and not to be treated or punished in a cruel, inhuman or degrading way were undermined in many instances.
Finally, recommendations are given on ways to mitigate the harsh effects that adversarial court systems have on
children's rights.
Description
Keywords
Children's rights, Sexual abuse, Sexual offences, South Africa, Child victims, Criminal justice system
Citation
Waterhouse, S. et al. (2014). Court support workers speak out: Upholding children's rights in the criminal justice system. South African Crime Quarterly, 48: 74 - 88