Court support workers speak out: Upholding children's rights in the criminal justice system

摘要

The prevalence of sexual offences against children in South Africa continues to be among the highest in theworld. The quality and accuracy of a child's testimony is often pivotal to whether cases are prosecuted, andwhether justice is done. Child witness programmes assist child victims of sexual abuse to prepare to giveconsistent, coherent and accurate testimony, and also attempt to ensure that the rights of the child are upheldas enshrined in the various laws, legislative frameworks, directives and instructions that have been introducedsince 1994. We draw on information from two studies that sought the perspectives of court support workers toexplore whether a child rights-based approach is followed in the criminal justice system (CJS) for child victimsof sexual abuse. Findings suggest varying degrees of protection, assistance and support for child victims ofsexual abuse during participation in the CJS. The findings revealed that the rights of children to equality, dignityand not to be treated or punished in a cruel, inhuman or degrading way were undermined in many instances.Finally, recommendations are given on ways to mitigate the harsh effects that adversarial court systems have onchildren's rights.