Raduvha v Minister of Safety and Security and Another (2016)
| Description: | In this landmark case for children's rights, the Constitutional Court of South Africa confirmed that the ‘best interests’ principle, enshrined in Article 3 of the United Nations Convention for the Rights of the Child (UNCRC) and incorporated into South African domestic legislation, is to be paramount when any police officer is considering whether to arrest and/or detain a child (under 18 year olds). Police officers must comply with the Bill of Rights and in doing so should give serious thought as to whether such measures are appropriate and only consider such action as a measure of last resort. For further information relating to this matter, please visit the Constitutional Court's repository of court cases and documentation. |
