Transitional Constitution of the Republic of South Sudan

South Sudan attained independence on July 9, 2011. Two days earlier (on July 7, 2011), the South Sudan Legislative Assembly had ratified the Transitional Constitution of the Republic of South Sudan. The constitution was amended in 2013. The Constitution is the supreme law of the land in South Sudan, as stated in Article 3.

Part Two if the constitution articulates a Bill of Rights, which includes rights for children, as articulated in Article 17. Some key provisions in this article include:

• Article 17(4) defines a “child” as any person under the age of eighteen years.
• Article 17(1)(d) establishes that every child has the right “not to be subjected to exploitative practices or abuse, nor to be required to serve in the army nor permitted to perform work which may be hazardous or harmful to his or her education, health or well-being.”
• Article 17(1)(h) establishes that every child has the right “to be protected from abduction and trafficking.”

 Additionally, Article 39(1) states, “Family is the natural and fundamental unit of society and shall be protected by law.” Article 39(4) states, “Children shall not be separated from their parents or persons legally entitled to care for them against the will of such parents or persons, except in accordance with the law.” Moreover, Article 40(1) states, “All levels of government shall: adopt policies and provide facilities for the welfare of children and youth and ensure that they develop morally and physically, and are protected from moral and physical abuse and abandonment.”