An examination of the extent to which South Africa is meeting its legal obligations with regard to the protection of undocumented foreign migrant children

Abstract

Undocumented foreign migrant children suffer from xenophobia, detention, deportation and abuse at the hands of South African government officials. The South African Constitution guarantees the rights of equality, humanity, dignity and non-discrimination to 'everyone' in South Africa. Section 28 of the Constitution is dedicated to children's rights and has effectively succeeded in domesticating the substance of the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child. South Africa has however failed in adequately domesticating the international legal provisions which protect the rights of undocumented foreign migrant children in national legislation. This thesis examines the extent to which South Africa has domesticated the international provisions protecting this group of children. The thesis further investigates procedural gaps and makes recommendations in respect of law and procedure to ensure the adequate protection of the rights of undocumented foreign migrant children in South Africa.