CHILD RIGHTS QUESTIONS AND ANSWERS
Got questions about your rights as a child? Check out the common questions below to see if we’ve answered them already. If not, just fill in the form below and our friendly lawyers will get back to you with an answer. Your question will help other children too! Let’s explore together!
Question: Hi. I am a 12 year old girl living in Soweto I don't have a birth certificate. My granny took me to Home Affairs to get one because the school said I need it. Home Affairs said they won't give me a birth certificate. They say I must go to Lesotho. I have never been there and my granny can't travel far. My mom was from Lesotho. She used to have a passport from there too, but I don't know where it is now. She died when I was small. My dad has a South African green ID card. It has an ID number on it. How can I get a birth certificate?
Answer:
Thank you for writing to us.
This is what you need to know:
1. First, you have the right to have a birth certificate. The Constitution of South Africa says so. Because you were born in South Africa, the South African government must issue you with a birth certificate. You do not need to go to Lesotho.
2. Second, you are both a South African citizen and a Lesotho citizen. That’s because you get your citizenship from your parents. Even if your mom is not South African and she wasn’t married to your dad, you are still a South African citizen by birth.
This means your birth certificate must have an ID number on it, just like your dads.
When you are 16 you must apply for a green ID card and if you want, you can get a South African passport.
One day, if you want, you can also get a passport from Lesotho.
Follow this link to our “How to get documented page” for more information.
Q: Katlego asks: I am a child with a disability. I live in Upington. I am not going to school at the moment. My mom tried to put me in a school nearby but they say I have to go to the special school in Kimberley. What can I do?
Answer:
Dear Katlego.
The Constitution says EVERYONE has the right to a basic education (section 29). It also says that no one may be discriminated against based on disability (section 9). That means you have as much of a right to go to school as every other child, and the government is supposed to provide you with that.
To find help to access your rights you can lodge a complaint at the South African Human Rights Commission in Upington (45 Mark and Scott Road, Ancorley Building, Upington) or you can contact the Association for Persons with Disabilities (Brand straat 7, Lemoendraai, Upington or call 074 603 009 / 074 602 9523).