Child Act

The South Sudan Child Act was passed by the Transitional National Legislative Assembly (TNLA) and signed into law by the President of the Republic of South Sudan on October 13, 2008. The aim of the act was to strengthen the protection of children and young people.

A “child” in the Child Act is defined under Article 5 in a manner that aligns with the Convention on the Rights of the Child (CRC), African Charter on the Rights and Welfare of the Child (ACRWC), and other international legal instruments as every human under the age of 18 years old. The act outlines obligations of all actors to protect, respect, and promote the rights of all the children in South Sudan, including refugees and internally displaced persons (under Section 29).

Key provisions of the act include the following:

• Section 6 asserts that “the best interests of the child shall be the paramount consideration” in any determination of matters concerning a child.
• Section 11 provides that every child has a right to free birth registration
• Section 21 establishes every child’s right to protection from torture, degrading treatment, and corporal punishment.
• Section 26 provides for protection of the rights of the female child, including protection from sexual abuse and exploitation and gender-based violence, rape, incest, early and forced marriage, female circumcision, and female genital mutilation.
• Section 31 specifically addresses the issue of children during armed conflict, stating in part, “Where armed conflict occurs, the Government shall ensure that children’s rights are protected in accordance with the provisions of this Act and international humanitarian law.” Section 31 also sets 18 years old as the minimum age for conscription or voluntary recruitment into armed forces or groups. Section 32 establishes penalties for recruitment and use of children, that being imprisonment of a term not exceeding 10 years, or a fine, or both.
• Section 34 establishes a duty to report infringements of a child’s rights and Section 35 establishes penalties for failing to report such infringements.
• Chapter VIII (encompassing Sections 119-125) addresses trafficking and abduction of children.

This act built on previous law adopted by the Interim Government of South Sudan (specifically, the Interim Constitution of Southern Sudan adopted in 2005), and was followed by additional legal developments, notably the Constitution of South Sudan adopted after the country achieved independence from Sudan in 2011.