Hands off your child or face a jail sentence

“It is necessary to emphasise that, in terms of our law, the application of force, including a touch depending on its location and deductible meaning, or a threat thereof constitutes assault,” Chief Justice Mogoeng Mogoeng said yesterday in the unanimous judgment he handed down.

“And parental authority or entitlement to chastise children moderately and reasonably has been an escape route from prosecution or conviction.”

Justice Mogoeng said how law enforcement agencies dealt with reported cases of child abuse following the judgment, was “best left to be dealt with on a case-by-case basis.”

Attorney Daniela Ellerbeck for Freedom of Religion South Africa, which brought the application to overturn the High Court in Johannesburg ruling which declared spanking to be unconstitutional, said it was disturbing that the right of parents to raise their children according to their conviction had not been upheld.

“It sets a very dangerous precedent in that the state can dictate to people of faith, thereby seriously eroding their right to religious freedom,” Ellerbeck said. “The judgment by Mogoeng makes criminals of many people who believe the Scriptures permit, if not command, them to physically correct their children.”

Ellerbeck said many would have “no choice but to obey God rather than the law”.

Save the Children South Africa (SCSA) welcomed the ruling and called on parents to respect it.

“According to the Children’s Institute at the University of Cape Town, 75% of physical violence against children occurs in the context of physical punishment,” said SCSA’s child protection programme manager Divya Naidoo.

Professor Shanaaz Mathews, director of the institute, said children’s rights had triumphed yesterday.

“There are lots of options for parents,” Mathews said of what parents could do now. “We are promoting positive discipline. There are alternatives, and that’s where the debate is going to go.”

Mogoeng noted in his judgment the constitution said “everyone” had the right to freedom and security, including the right to be free from all forms of violence.

“Children are constitutionally recognised independent human beings, regardless of whether they are orphans or have parents,” Mogoeng said.

“The word ‘everyone’ in this section also applies to them.”

– amandaw@citizen.co.za

Positive parenting tips

Infants

• Engage your baby in a variety of stimulating activities, including frequent reading to him/her.
• Talk to your baby often.
• Cuddle, hold and give your baby tons of affection.

Toddlers (1-2 years)

• Read to your toddler every day.
• Encourage exploration and trying new things.
• Respond positively to desirable behaviours.

Toddlers (2-3 years)

• Encourage pretend play.
• Reward positive behaviour, rather than attending to undesirable ones.

Preschoolers (3-5 years)

• Use clear and consistent discipline.
• Provide your child with opportunities to make choices.

Middle Childhood (6-8 years)

• Communicate about school and other important things in your child’s life.
• Engage in family activities.
• Make consistent rules about screen use.

Middle childhood (9-11 years)

• Teach your child about responsibilities, such as saving money.
• Get to know your child’s friends and their parents.
• Talk to your child about puberty, pressures, and risky behaviours.

Teens (13-14 years)

• Respect your teen’s feelings, opinions, and interests.
• Know where your teen is and ensure adult supervision.
• Openly discuss potentially risky behaviours such as sex, drinking and drugs.
• Set clear goals and expectations.

Teenagers (15-17 years)

• Openly discuss sensitive topics such as risky behaviour and depression.
• Encourage your teen to make goals and plan ahead.
• Show affection and spend time together.
• Help your teen to make healthy decisions regarding technology and social media use.
• Respect your teen’s opinions and need for privacy. – Source: positivepsychology. com

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