matters affecting them and for those views to be given due weight/consideration per the age and maturity of the child.This principle reflects the position of a child as an active participant in the promotion, protection and monitoring of their rights. Participation ensures that children are engaged actors rather than passive beneficiaries in the fulfilment of their rights. It also ensures children are capable of accessing their rights and have a voice, as well as a stake, in the protection of their rights and welfare. (Section 9 and 10 of the Constitution, Article 4(2) and 7 ACRWC and Article 12(1) UNCRC) that: “Everyone has the right to a nationality. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.” United Nations Convention on the Rights of the Child 1989 (“UNCRC”): The UNCRC provides for the civil, politicaleconomic, social, health and cultural rights of children at an international level. Like the Constitution and the ACERWC, the UNCRC guarantees the right to legal identity, the right to birth registration and to be protected from statelessness (See Articles 7 and 8). United Nations Convention Relating to the Status of Refugees 1951 (1951 Convention) and the United Nations Protocol Relating to the Status of Refugees 1967 (1967 Protocol): The 1951 Convention is the centrepiece of international refugee protection, providing the most comprehensive codification of the rights of refugees at an international level. It is read together with the 1976 Protocol, which confirms its universal coverage. 4. Survival and development: All children have the right to life, survival and development – the term “development” is interpreted widely beyond just physical health – it includes mental, emotional, cognitive, social and cultural development. (Section 11 and the socio-economic rights in the Constitution, Article 5 ACRWC and Article 6(2) UNCRC. South Africa is yet to become a signatory to two key international conventions addressing statelessness: the United Nations Convention relating to the Status of Stateless Persons (1954) and the United Nations Convention on the Reduction of Statelessness (1961). 2.4: LEGAL PRINCIPLES OF CHILD RIGHTS There are four cardinal legal principles of child rights. These principles are universal and serve as a yardstick for measuring all actions, laws and policies (by public or private actors) that affect children. They assist in guaranteeing a “childsensitive” approach when dealing with matters that affect children: 1. Non–discrimination and equality: All children are entitled to the same rights without discrimination of any kind irrespective of the child’s (or child’s parents’ or legal guardians’) race, colour, sex, language, religion, political or other opinions, national, ethnic or social origin, property, disability, fortune, birth or other statuses. (Section 9 and 10 of the Constitution, Article 3 ACRWC and Article 2 UNCRC). 2. Best interests: All matters concerning a child/children must take into account the best interest of the affected child/children, i.e., the best interest of the child outweighs all other competing interests. (Section 28(2) of the Constitution, Article 4(1) ACRWC and Article 31 UNCRC). 3. Participation and inclusion: All children have the right to express their views in all 12| Picture 1: South African Birth Certificate Picture 2: Handwritten Birth Certificate