NGCOBO J the Bill of Rights. The international and regional instruments on the rights of the child therefore provide a framework within which section 28(2), and ultimately the invalidated provisions, can be evaluated and understood.67 [76] Section 28(2) was no doubt inspired by international 68 and regional instruments69 on the protection of the child, in particular, the United Nations Convention on the Rights of the Child70 (the CRC) and the African Charter on the Rights and the Welfare of the Child.71 In a language substantially similar to section 28(2), Article 3 (1) of the CRC proclaims that “[i]n all actions concerning children, whether undertaken by public or private social institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child will be a primary consideration.” The African Charter on the Rights and the Welfare of the Child, in similar terms, proclaims that “in all actions concerning the child undertaken by any person or authority, the best interests of the child shall be the primary consideration.”72 Our country, as a State Party to these instruments, is obliged to give 67 S v Makwanyane and Another [1995] ZACC 3; 1995 (6) BCLR 665 (CC); 1995 (3) SA 391 (CC) at paras 34- 5. 68 These include the United Nations Universal Declaration of Human Rights (ratified by South Africa in 1995), in particular, Article 25 (childhood is “entitled to special care and assistance”); United Nations Convention on the Rights of the Child (ratified by South Africa on 16 July 1995), in particular, Articles 3 and 39; United Nations Convention on the Rights of Persons with Disabilities (ratified by South Africa on 30 November 2007), in particular, Article 7.2 (“In all actions concerning children with disabilities, the best interests of the child shall be a primary consideration.”); Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime issued by the United Nations Economic and Social Council (the recommendation was made by South Africa to adopt it in May 2005). 69 The African Charter on the Rights and Welfare of the Child (ratified by South Africa on 7 January 2000), in particular, Article 4. 70 This Convention was adopted by the General-Assembly on 20 November 1989 and entered into force on 2 September 1990. 71 This Charter was entered into force on 29 November 1999. See also S v M above n 63 at para 16 and Director of Public Prosecutions, KwaZulu-Natal v P 2006 (3) SA 515 (SCA); [2006] 1 All SA 446 (SCA) at para 13. 72 Article 4(1). 40