When
Dr Tembisa Leeuw was in Grade 9, four of her classmates were convicted of serious offences, including assault with intent to cause harm and murder. This incident sparked a deep curiosity about the juvenile justice system and how it treats young offenders. She found herself asking difficult questions: Were her peers detained separately from adults? Were they placed in facilities designed specifically for children?
Despite the crimes her classmates committed, Dr Leeuw believed they still needed care and protection. The experience led her to reflect on society’s responsibilities towards young offenders, the difficulties they face in the justice system, and whether the laws meant to protect them are being properly applied. “This formative experience instilled in me a commitment to advocate for the rights of vulnerable children and to ensure that the juvenile justice system upholds principles of care, protection, and rehabilitation,” she says.
Now a human rights officer at the South African Human Rights Commission based in Mpumalanga, Dr Leeuw was recently awarded a Doctor of Philosophy degree at the University of the Free State’s (UFS) autumn graduation ceremony. Her dissertation is titled Protecting the rights of children in conflict with the law in South Africa: The law versus the practice.
Her supervisor, Prof John Mubangizi – Research Professor in the Free State Centre for Human Rights – said it was an absolute privilege to supervise such a brilliant, dedicated, and hard-working student. “Her intellectual curiosity, resolute determination, and unwavering commitment to excellence have been quite inspiring. I have no doubt that she will continue to make a profound impact wherever she goes and whatever she does henceforth.”
Safeguarding the rights and well-being of children
It is well known that a large share of crimes, particularly violent ones, are committed by young people. In South Africa, children are frequently charged with serious offences, such as robbery, rape, assault, and murder. These realities highlight the need for stronger systems that protect the rights and well-being of young people in conflict with the law.
In her research, Dr Leeuw looked at why children in child and youth care centres often face human rights violations, despite the Constitution guaranteeing every child the right to be safe from harm, neglect, and abuse.
Her findings revealed troubling gaps between what the law says and what happens in practice. According to Dr Leeuw, the Constitution states that children should only be detained as a last resort and for the shortest time possible. UNICEF also emphasises that children must be kept separate from adults in detention and treated in ways that reflect their age and developmental needs, including their right to education. “However, no country has yet built a fully separate juvenile justice system that ensures that children are treated differently from adults,” she says.
Dr Leeuw also found that children in these facilities are often denied access to education. As a result, when they return to their communities, they are often without the skills or qualifications needed to find work. “It is important that these children receive training that enables them to support themselves,” she explains.
Contributing to a humane and equitable society
Dr Leeuw believes that protecting the rights of children in conflict with the law is important to creating a more just and humane society. “Research shows worrying conditions in child and youth care centres (CYCCs) – overcrowding, poor health care, limited education. Many children report violence, intimidation, and neglect, all of which go against the idea of rehabilitation,” she says.
These environments can deepen trauma and increase the chances of reoffending. “The conditions inside detention centres have a serious impact on children's ability to rehabilitate and move forward in life.”
South Africa has made progress in drafting laws to protect children’s rights, but putting those laws into action is still a challenge. “With the right changes and a more caring approach, the justice system can better meet the needs of children,” Dr Leeuw says. She points to several areas where improvements could be made to help policy makers and human rights workers reform juvenile justice.
She notes that although international agreements promote rehabilitation and support, many CYCCs still focus on punishment. “Children often feel abandoned in these spaces. We need to move away from punitive systems and create pathways for healing and reintegration.”
Government departments, such as social development, education, and health, must work together to provide support that meets children's full range of needs. “Current laws must be updated to meet international standards, and programmes are needed to help guide children away from the justice system in the first place,” she adds.
Dr Leeuw also highlights the key role played by child and youth care workers (CYCWs). Their training and regular oversight are important in making sure children’s rights are respected. “Regular monitoring and open reporting are needed to hold facilities accountable,” she says.
She further stresses the need for greater access to mental health support, education, and skills development. This would help children return to school and integrate into society more easily. She also recommends maintaining strong family ties during rehabilitation, including virtual visits for families who live far away. Addressing overcrowding and offering different forms of intervention can also improve care and reduce reoffending.
“Teaching children about their rights and helping them develop a sense of responsibility is just as important. Programmes that promote personal growth and rehabilitation should be part of their daily lives,” she says.
Aligning with international human rights standards
Dr Leeuw’s study closely aligns with international human rights guidelines on juvenile justice. These include the United Nations Convention on the Rights of the Child (UNCRC) and other global frameworks that call for dignity, fairness, and restorative justice in how children are treated. Her work highlights the need to address the root causes of children's behaviour and calls for tailored responses, such as alternatives to incarceration, fair sentencing, and stronger legal protection.
The study also highlights the importance of prevention. Involving communities, improving access to education, and introducing early support systems can help reduce the number of children who come into contact with the justice system. She believes that juvenile justice systems must ultimately uphold the dignity and fair treatment of children, as outlined in both international frameworks and the South African Constitution.