COUNTRY:

South Sudan / Southern Sudan

DOCUMENT TYPE:

Constitutional Provision

YEAR ADOPTED:

2005

Description

The Interim Constitution of Southern Sudan was adopted in 2005. Part Two of the interim constitution constitutes a Bill of Rights, which includes rights for children, as articulated in Article 21. Some key provisions in this article include:

  • Article 21(4) defines a “child” as any person under the age of eighteen years.
  • Article 21(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 21(1)(h) establishes that every child has the right “to be protected from abduction and trafficking.”

Additionally, Article 42(1) states, “Family is the natural and fundamental unit of society and is entitled to the protection of the law.” Article 42(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 43(1) states, “All levels of government in Southern Sudan 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.”