Despite clear legal promulgations by section 27 of the Constitution and Children’s Act 38 of 2005, the best interests of children are generally undermined or ignored. The lack of respect for the rights of children is difficult to quantify; the extent to which “children are seen and heard” is under-reported. Culture, religion, patriarchy and socioeconomic condition are among the factors that exacerbate blatant disregard conditions for children’s rights. Health care professionals are not adequately informed about the rights of the child and how to ensure that their interest are protected during oral health care. Consequently, children may suffer neglect and harm during dental care. Practitioners must familiarize themselves regarding their responsibilities and roles when treating children. Additionally, teaching institutions and regulatory bodies must provide continuous professional development on legislation that regulates the protection of children within health care service. This case study seeks to provide a legal framework for oral health practitioners when dealing with consent for minors during dental care.
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