Challenges Faced By Women While Navigating Child Maintenance System: A violation of Human Dignity
Written by: Tshepang Mokgokong and Thembi Madalane
Section 1 of the Constitution states that the Republic of South Africa is founded on the values of human dignity, the achievement of equality and the advancement of human rights and freedoms.
Section 7 (1) (2) of the Constitution states that:
- The Bill of Rights is a cornerstone of democracy in South Africa, enshrining the rights of all people and affirming democratic values.
- The state must respect, protect, promote, and fulfil the rights in the Bill of Rights.
Section 10 of the Constitution provides for the right to human dignity:
“Everyone has inherent dignity and the right to have their dignity respected and protected”.
Human dignity is a central value of the objective established by the Constitution. The right to human dignity is the key to the fulfilment of socio-economic rights.
Recognising a right to dignity is an acknowledgement of the essential worth of human beings including women who are navigating the child maintenance system.
Considering the rights established by the constitution and the maintenance act, access to child maintenance remains a challenge for women in south Africa. In most cases women are the primary care givers of children and therefore have to interact with the maintenance courts.
Some of the challenges include the treatment women receive at the various courts while trying to apply for child maintenance. The delay in processing child maintenance cases contributes to the anguish women have to endure while seeking child maintenance.
Despite the conclusion of Human Rights Month, the struggle for the realisation of women’s rights continues, particularly in the area of child maintenance. Many women still face systemic challenges when attempting to access this critical support, with the process often proving to be both inefficient and dehumanising. Lengthy waiting times, administrative delays, and a lack of sensitivity from officials contribute to an experience that infringes upon their inherent human dignity. These ongoing barriers not only undermine the principles celebrated during Human Rights Month but also reflect the urgent need for systemic reform to uphold the rights and dignity of women.
Child maintenance is crucial as it ensures that children’s basic needs are met. It also means single mothers don’t have to shoulder the responsibility of parenthood alone. Therefore, the maintenance systems ought to be improved to ensure that mothers are treated with dignity while navigating the maintenance systems.