Johannesburg — THE Children's Act, which came into effect this month, has stirred up controversy over provisions that allow children as young as 12 access to contraceptives and the right to have pregnancies terminated without parental consent.

Many people are outraged by the act, which also allows children to undergo HIV testing without their parents' consent, but experts have defended the new law, saying it is important to consider its intent.

Taryn Hodgson, national co-ordinator for African Christian Action, says the law will encourage promiscuity and sexual behaviour among young children.

"Twelve-year-old children do not have the maturity to make decisions regarding their sexual conduct," she says. "Teenagers should be allowed to enjoy their innocence."

She says the legislation is "outrageous" for allowing girls to have abortions. "It is wrong to take the life of another human being."

Joan van Niekerk, national co-coordinator of Childline SA, says it is certainly questionable whether it is advisable to give contraceptives to such young children.

"However, the reality is that children are becoming sexually active at a younger age. People have to face that and accept that," she says.

Van Niekerk says that given the fact that HIV/AIDS is rife, it would be unwise to deny children contraceptives such as condoms. SA is unique in that many children are victims of social ills such as poverty, orphanhood, HIV/AIDS, sexual and physical abuse, and crime, she says.

"The act is not about encouraging sex among teenagers. The legal age of consent remains 16."

Sections of the Children's Act were passed into law on July 1, including provisions that will reduce the age of majority from 21 to 18 .

However, the full act will not come into effect until the Children's Amendment Bill is passed by Parliament and the regulations have been finalised, which is expected to happen early next year. In the interim, the Child Care Act of 1983 still governs the main areas of the child-care and protection system.

The Children's Act was enacted to address inequalities of the past.

Van Niekerk says SA has acceded to various international conventions such as the United Nations Convention on the Rights of the Child, and the African Charter on Children's Rights, the principles of which have to be included in local legislation.

The law took a decade to prepare as extensive consultation was required with government departments such as justice, health, labour, and safety and security, as well as the provinces and nongovern-mental organisations. The Child Care Act of 1983 was regarded as too narrow and inadequate for protecting the rights of children.

Furthermore, it had its roots in apartheid and was out of step with provisions of the constitution specifically devoted to the rights of children.

Lisa Vetten, policy and research analyst at the Tswaranang Legal Advocacy Centre, says adults need to understand the predicament in which many children find themselves -- poverty, orphan-hood and little or no financial support.

She says the act gives such children access to resources they did not have before. The act includes the controversial contraceptive clause on the grounds that it will help to protect children from sexually transmitted diseases and prevent teenage pregnancies.

It was also felt that the provisions were a realistic response to the realities in which many teenagers find themselves, Vetten says. These include sexual vulnerability, sexual abuse, peer pressure and the consequences of unwanted pregnancy.

Practitioners will be able to report cases of suspected child abuse to the authorities, such as the child-protection agencies, the police or social workers. This will help children who are abused, neglected or exploited.

The issue of abortion is dealt with briefly in the act. A child can consent to have an abortion performed without the consent of her parents or their knowledge, although she must be advised to consult them beforehand.

Figures recently released by the South African Medical Research Council show that teenage pregnancies have doubled in the past year, despite a decade of spending on sex education and HIV/AIDS awareness.

KwaZulu-Natal reported 5868 teenage pregnancies last year, with Gauteng reporting pregnancies which doubled from 1169 in 2005 to 2336 in 2006.

Paul Cornelissen, CE of the Marie Stopes Clinic SA, says that about 29000 legal abortions were carried out by the clinic last year across all age groups. He says the new legislation was necessary as children did not have access to information and education about issues such as contraception and abortion.

"We tend to see those cases where young girls have been abused by their granddads and fathers."

The act also prohibits genital mutilation, such as the "circumcision" of a female child, and virginity testing of children under 16. Virginity testing of children older than 16 may be performed only in certain conditions.