The Western Cape Commissioner for Children: A unique institution

This paper analyses a unique institution in South Africa, the Western Cape Commissioner for Children, the only sub-national and the thematic child rights-related institution in South Africa. The article focuses primarily on the establishment of the Commissioner, its powers and duties as provided for in the relevant legal instruments. Primarily considering its powers, we also briefly note its facilitation of child participation and explore the international standards on human rights institutions that situates the Commissioner in this diverse institutional landscape. The article also compares the Commissioner with the South African Human Rights Commission and the Commission on Gender Equality, to understand its nature, mandate and functions, its strengths and weaknesses. Identifying that the Commissioner’s legal framework for functioning contains certain points requiring clarification, we conclude by noting the facilitation of child participation as a laudable contribution.