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)
Related
- Corporal punishment of children in South Africa is now legally assault without exception. (similarity 0.91)
- Sub-Saharan Africa has the highest child corporal punishment rate of any world region (similarity 0.84)
- SDG 16.2 creates reputational pressure on states to prohibit corporal punishment (similarity 0.82)
- Child corporal punishment persists even among the wealthiest African households (similarity 0.80)
- African corporal punishment prohibition has stalled with no new countries since 2019 (similarity 0.79)
- The reasonable chastisement defense violates equal protection for children (similarity 0.79)
- Cultural normativeness does not reduce the harm of child corporal correction. (similarity 0.79)
- Children’s rights must be balanced against parental religious liberty. (similarity 0.78)
- International court rulings alone do not end corporal punishment practices (similarity 0.78)
Broader Connections
- Corporal punishment of children in South Africa is now legally assault without exception.
#corroborates(0.80) — , The Rod and the Child, 4770