In effect that gives an extra bite of the cherry to anyone who is dissatisfied with a domestic ruling, even where that judgement is reasonable, well-founded, and in line with the Convention.
Cameron, who said that the court has a backlog of 150,000 cases, said it should not act as a court of fourth instance in states where domestic rulings are reasonable and in line with the convention.
But in the end, I believe that where an issue like this has been subjected to proper, reasoned democratic debate … and has also met with detailed scrutiny by national courts in line with the Convention … the decision made at a national level should be treated with respect.
Section 3 of the act obliges courts to read and give effect to legislation in a way that is compatible with the convention rights, meaning that when considering any piece of legislation, a court must interpret it in line with the convention rights (for example, any family law provisions have to be considered in light of Article 8: the right to respect for private and family life).
"In effect that gives an extra bite of the cherry to anyone who is dissatisfied with a domestic ruling, even where that judgement is reasonable, well-founded, and in line with the convention.
"So, what I expected to see on the bill - which I am not seeing - is how children and young people's best interests are being protected in line with the convention".
"I completely understand the court's belief that a national decision must be properly made, but in the end, I believe that where an issue like this has been subjected to proper, reasoned democratic debate and has also met with detailed scrutiny by national courts in line with the convention, the decision made at a national level should be treated with respect".
The Children's Act brings South African law in line with the Convention on the Rights of the Child.
This change has been consistent with the whole-child and rights-based approach to development and in line with the Convention on the Rights of the Child.
