A constitutional framework for child care provision in South Africa from a gender perspective

Abstract

This study argues that child care is a constitutional right. The right to equality and the right to citizenship can and should be used to found a claim for child care provision.

The study examines the issue of child care from a gender perspective. It finds that women take the major responsibility for the care of children. This prevents many women from participating in the economy and in the civic and political life of the country. The lack of involvement by mem in child care also inhibits men from developing fully as people. Child care provision can assist women practically to alleviate disadvantage but is also a critical mechanism for the transformation of gender relations in society.

The study examines the history and extent of child care in South Africa as well as laws and government policies dealing with child care. It considers certain proposals to address the child care situation and the position in other countries.

The study finds that in order to provide adequate child care in South Africa, a choice between competing policy frameworks and resource priorities will have to be made. This study does not attempt to make these choices. It argues, however, that constitutional litigation could be used as one of the means of requiring the government and private sector to address the lack of child care in South Africa. Such litigation could generate a rights framework within wliich the state would be required to frame its child care policy.