THE RIGHT OF A CHILD IN DECISION MAKING ON MATTER DIRECTLY AFFECTING THEM TAKING COVID 19 PANDEMIC AS A CASE STUDY
The novel corona virus did not only affect the world’s economy but also individual rights, including the rights of a child. The pandemic came in different variants making decisions on vital areas by world governments uncertain. This made activities in schools, businesses and all non-essentials services restricted, creating unavoidable hardship to everyone globally. The closure of cinemas, restaurants and children’s playgrounds are some of the examples of the impact of COVID – 19.
Making decision(s) for children has been a prerogative right of an adult. In all matters affecting children, parents or guardians make decisions binding on a child. In addition, under contract, a child cannot enter a legal contract except contract of necessary. In the case of Chapple vs Cooper[1] Lord Baron Anderson stated that “necessary are those thing(s) a minor/Child cannot live without…………., for the proper cultivation of mind is as expedient as the support of the body.” This case laid to rest the right for a minor to enter legal contract, except on grounds of necessary or being exploited by an adult in a contractual relationship. The right for a child in decision making has been in abeyance until he is an adult. However, age plays a major role in person’s legal capacity. By the operation of law, individual acquires competencies and through these competences the status of the individual is determined. Status can be affected by various nature or extent of a person status like age, domicile, mental illness, physical disability and economically funded impediments.[2]
Article 12 of the Convention on the Rights of a Child herein refers as the CRC did provide for decision making rights for children, hence, the exclusion of children in voicing their opinion(s) on how their rights should be protected during the pandemic could be seen as a major breach of their rights. The impact of the novel Corona virus affected the rights of children in decision making thereby ignoring some vital aspects of children rights when world leaders decided on the best measures to adopt in regulating the spread of COVID – 19.
The impact of COVID-19 on the rights of the child should be an eye opener for the leaders of the world to review the children’s Acts in order to repeal or amend laws likely to affect
[1] (1844) 13 M &W 252
[2] Child Law in South Africa, Trynie Boezaart, (2009) Juta &Co. Ltd Claremont South Africa, p. 18