period, namely 45% die of immaturity, 28% die of intra-partum hypoxia, 10% die of various infections, 8% die of congenital abnormalities and 12.8% die of low birth weights202. In all the above percentages, there is one aspect that is prevalent and yet it does not appear on the list above. This is what is called induced child deaths due to their physical and mental
provision of disability related services and to bring about change in attitude towards children with disabilities. The idea is to manage practices that stigmatizes and dehumanizes children with disabilities. Considering the current circumstances of child abandonment, dumping, and sometimes even killing children with disabilities defeats the ends of justice enshrined in these conventions namely: The United Nation’s Convention on the Rights of Persons with Disabilities and Optional Protocol and the South African Constitution. It is in this regard that the treatment given to children with disabilities in some other sectors of life remains a major concern.
These children face an atmosphere of hate and violent forces that often deny them of their identity as human beings.207 To this effect, incidents of abandoning of children in inhuman conditions have become common in the region.208 Incidents of these acts compound heavily on the nation, if there are no formal ethical and legal norms in society. The sanctity of life209 seems to have very little impact on the public, considering the high rates of abandoning and dumping of children.210 The sanctity of life as a moral norm states that it is always a morally evil act to abandon intentionally and directly, dump and kill an innocent human being. In this case, we can understand that it also refers to a child who is born with physical and mental disabilities.211
In view of the above basic human values envisaged in the ethical norms, and in consideration of the dictates of the International Human Rights Charter, the Report of the Minister of Social Development stated that the government introduced several initiatives to address the needs of children and youth, with the aim of creating a caring and integrated system of social development services that would facilitate human development. Some of the major institutions that were put in place to ensure the welfare of children are the 1996 Constitution
207 Nagel, N., (2014), National Adoption Coalition: Fact Sheet on Child Abandonment Research in South Africa, Media Interviews with NACSA and Dee Blackie: Teresa Settas Communications, 20th May. On an Intensive One Year, Long Research Project.
208 Ibid.
209 Baranzke, H., (2012), Sanctity of Life – A Bioethical Principle for a Right to Life? In Musschenga, A., W.
and Heeger, R., (Eds), A Journal of Ethical Theory and Moral Practice, Massachusetts: Springer Publishers, Volume 15, Issue 3, June 2012, 281-282. The notion of Sanctity of Life is used to mean that human life is sacred, it has a unique value beyond all living creatures since human beings were created in the image and likeness of God. Therefore, violation of the inherent rights of children with disability disrespects a child’s God given freedom and dignity. The reason the research work here uses this ethical concept is because it informs us on virtue-ethical quality of acting. It helps someone to create self -responsibility and towards others hence demanding that we take care of one another. This concept is very fitting for this discourse as we come to realize our relational responsibilities towards children with disabilities. Therefore, it is a concept that people ought to adopt as means establish human dignity for everybody alike.
210 Bailie, G., (2004), Violence Unveiled: Humanity at the Crossroads, New York: The Crossroad Publishing Company, 153-166.
211 Ibid.
of South Africa, the Children’s Act No. 38 of 2003, the Children’s Amendment Act No.41 of 2007 and the Non-Profit Organization Act No. 71 of 1997, as amended. 212
The 1996 South African Constitution, Section 28, states that “every child has the right to family care, parental care and appropriate alternative care when removed from the family”.213 The child has the right to a healthy environment, basic nutrition, shelter, basic health care and social services and to be protected from maltreatment, neglect, abuse and degradation.214 Further to these legal norms, the Reconstruction and Development Programme in South Africa (RDP) had set up goals that provide strategic guidance, priorities and specific targets which inform and guide provincial authorities, in collaboration with civil society, other organizational authorities, communities and individuals of good will, aimed at providing improved protection for children in difficult circumstances, which include children who are born with physical and mental disabilities.215 Specific to legal statements, Child Care Act No. 38 of 2005 provides the official investigation decree into cases of alleged abuses and neglect in the Children’s Court of Inquiries.216 Section 42 of the same Child Care Act of 1983 compels health care professionals, social workers, teachers, managers and staff of various children’s homes to report suspected ill-treatment of children.217 Section 50 provides for prosecution in cases of ill-treatment or abandonment of children.218
The current situation in the country defeats the goals and ideals stipulated by the different legal and ethical documents mentioned above. The high rate of acts of abandonment of children is enough evidence to prove the contrary. In the context of such high ideals and goals, and within the context of having various government institutions established to address the problem, the project questions the delivery of services in the various sectors of life in the region. The system requires constant and regular review if all the priority goals and ideals enumerated are to be met and the intended goals achieved.
212 HRC Quarterly Review, (1999), Children’s Rights and Personal Rights. Human Rights Review: New York:
Human Rights Committee. 36-55.
213 Constitution of the Republic of South Africa, (1996), Chapter 2, Section 9, 10, 12 and 28.
214 Ibid.
215 The Human Rights Council Resolution 26/20, (2015), On the Rights of Persons with Disabilities to Social Protection: Special Rapporteur Questionnaire to States Parties, Republic of South Africa and Response from the Government of South Africa, 9. It states: “Since 1994 the government has formulated various policies to address the inequalities which were embedded in the policies pursued by the apartheid regime. The policies have focused on empowering previously disadvantaged groups including women, children, and disabled persons. These policies are contained in various policy documents such as the Reconstruction and Development Programme (RDP), Growth, Employment, and Redistribution (GEAR) and the Integrated National Disability Strategy (INDS). The need for relevant data and information on prevalence and experience of disability has increasingly grown because of the need to monitor and evaluate the impact of these policies.
216 Child Care Act 38 of 2005, Gazette No. 28944, Notice No. 610. Chapter 2, Section 2, Article 11, 1 and 2.
217 Ibid.
218 Ibid.