Human rights lawyers back corporal punishment ban

DELIBERATIONS by human rights lawyers during the conference on corporal punishment hosted by the South African Human Rights Commission have revealed that unlawful corporal punishment in schools continues to take place.

This comes to light as South Africa commemorates Child Protection Week from 1 to 8 June, an annual campaign that aims to promote the safety, well-being, care and protection of children.

Corporal punishment is outlawed in public life – that is, in schools, alternative care settings, including foster care settings and early childhood development centres – in order to prevent cruel, inhumane and degrading punishment of children by their teachers and caregivers.

Minister of Social Development, Ms Bathabile Dlamini, said government took the decision to illegalise corporal punishment to protect children’s rights as well as break the cycle of violence in South African society.

“Children are impressionable and when those in positions of authority use violent means to encourage discipline, the children understand this as saying violence is permissible when trying to persuade others to act in a certain way. This is why we are going to forge ahead with banning corporal punishment even in the home environment,” said Minister Dlamini.

Section 12 of the Constitution guarantees the right of all people, including children, to be free from all forms of violence from either public or private sources, not to be tortured in any way, and not to be treated or punished in a cruel, inhuman or degrading way. Section 28(1)(d) specifically protects all children from maltreatment, neglect, abuse or degradation.

Section 7 of the Children’s Act provides that the protection of the child from any physical or psychological harm must be considered when the best interest of the child standard is applied.

Minister Dlamini, said the rights of children must be considered in full and that children must be protected from violent behaviour in all sectors of life.

“The rights on the protection of children must be applied uniformly across all areas of life. That we see media reports on children being subjected to cruelty and inhumane behaviour by their parents through corporal punishment is an indication that protection of children in the home environment needs to be addressed,” explained Minister Dlamini.

Minister Dlamini further states that the Department of Social Development recognises that discipline cannot be removed in the home. However, alternative forms of discipline that do not include violence must be given prominence.

Through Child Protection Week, government and its partners raise awareness, as well as mobilise all sectors and communities towards understanding the perspective of holistic development regarding the care and protection of children.