South African children’s constitutional right to be free from violence overrides parental corporal punishment.

Evidence

The common-law defence of reasonable chastisement is inconsistent with the provisions of section 12(1)(c) of the Constitution, which protects the right of every person not to be treated or punished in a cruel, inhuman or degrading way. Children are rights-bearing citizens. Their right to be free from all forms of violence is not qualified by a parental prerogative to administer physical punishment. The defence of reasonable chastisement is declared unconstitutional. — , The Rod and the Child, 4769

Categorization

  • XREF: connects to: Sub-Saharan Africa has the highest child corporal punishment rate of any world region — , The Rod and the Child: A Global History…, 4716; Corporal punishment of children in South Africa is now legally assault without exception. — , The Rod and the Child: A Global History…, 4770; SDG 16.2 creates reputational pressure on states to prohibit corporal punishment — , The Rod and the Child: A Global History…, 8135 (+4 more)

Broader Connections