The duty of the pharmacist to report child abuse: A gap in the Children's Act

Abstract

Owing to their frequent contact with children, pharmacists should have a duty to act in the best interests of the child. This premise echoes section 28(2) of the Constitution of the Republic of South Africa. Although it is mandatory for certain persons to report the abuse or neglect of a child according to the Children’s Act 32 of 2005, pharmacists are omitted from the ambit of this act. However, the use of mandatory reporting to curb the abuse and neglect of children is controversial. Despite the challenges associated with mandatory reporting, it is argued that it is far more beneficial to include mandatory reporting in the state’s extensive arsenal against child abuse and neglect than to omit it. It is recognised that mandatory reporting alone is not a panacea; it must work in tandem with other state interventions to improve the plight of children. The authors therefore call for an amendment to be made to the Children’s Act, whereby pharmacists and other categories of pharmacy support staff are included in the list of persons mandated to report suspected child abuse.