22. While the State has obvious obligations towards children it cannot substitute for the role of parents, who have the primary responsibility towards children. This principle has been given legislative definition through the inclusion of the concept of parental rights and responsibilities in the Children's Act. Section 18 states that parents of children have both parental rights and responsibilities towards children, which include care of and contact with their children. Care is defined in the Act to include protecting the child from maltreatment, abuse, neglect, degradation, discrimination, exploitation and any other physical, emotional or moral harm or hazards and guiding the behaviour of the child in a humane manner. These are responsibilities best fulfilled by parents and the State should not be a substitute provider for this type of care unless circumstances require. The issue of parental care being the primary care for children has been alluded to by the Constitutional Court in The Government of the Republic of South Africa and Others v Grootboom and Others 2001 (1) SA 46 (CC), where the Court reasoned (albeit in the context of socio-economic rights) that the Constitution contemplated in section 28, seen as a whole, that children should be basically cared for by their parents and families. The Bill provides many opportunities and obligations to ensure the participation of parents, both in requiring their presence at formal justice processes, and involving them as far as possible in diversion and community-based sentences. This is one of the practical ways in which the aim of promoting "Ubuntu" can be realised. Children do not live alone, they are members of families and communities. It is well understood that a sense of belonging, as well as caring about what one's family and community think or feel about one, are powerful factors in preventing crime. The Committee feels that unless we can re-establish functional families, we cannot solve all the challenges associated with children coming into conflict with the law. We need to rebuild society through strong families, kinship groups and communities, which will further add towards crime prevention and the prevention of children re-offending.