Global report 2019: Progress towards ending corporal punishment of children

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Global report 2019 • Global Initiative to End All Corporal Punishment of ChildrenSouth Africa prohibitsall corporal punishmentOn 18 September 2019, the Constitutional Court of South Africaruled that the common law defence of ‘reasonable and moderatechastisement’ is unconstitutional, effectively banning all corporalpunishment of children.Considering an appeal to a 2017judgment by the South Gauteng HighCourt which struck down the defence,the Constitutional Court agreed thatallowing physical discipline violateschildren’s rights. The Court found that itis in children’s best interests to abolishthe defence, in light of the existenceof alternative non-violent methodsto achieve the same goal of raising aresponsible member of society.The ruling was welcomed by theGovernment, child rights activists andfaith-based organisations as a landmarkmoment in the struggle to end violenceagainst children, including gender basedviolence, in South Africa. The GlobalInitiative joined the case as amicus curiae,along with Parent Centre and the DullahOmar Institute for Constitutional Law,Governance and Human Rights.SOUTH AFRICAIS THE8THAFRICAN STATETO PROHIBIT ALLCORPORAL PUNISHMENTOF CHILDRENSouth African CSOs including theChildren’s Institute, the Peace Centre andSonke Gender Justice were respondentsin the case, represented by the Centrefor Child Law.This ruling marks a milestone forchildren’s rights in South Africa. It is theresult of a long-standing collaborationbetween a range of stakeholdersincluding government and UN agencies,international and national NGOs and CSOs.The Global Initiative has worked closelywith national partners for over ten yearstowards prohibition and elimination ofcorporal punishment. While we celebratethe effective ban achieved by theConstitutional Court ruling, one importantstep remains.In 2007, CSOs were actively campaigningfor law reform to repeal the common lawdefence of ‘reasonable and moderatechastisement’. A proposed amendmentto the Children’s Act included a provisionprohibiting corporal punishment in thehome but the Portfolio Committee onSocial Development removed the provision,claiming it needed further investigation.In 2018, the draft Children’s ThirdAmendment Bill was published andopened for feedback. The Global Initiative,in collaboration with and endorsed bySave the Children South Africa, ThePeace Centre and Sonke Gender Justice,08
Global Initiative to End All Corporal Punishment of Children • Global report 2019submitted commentary on the Bill callingfor clear and unequivocal prohibition ofcorporal punishment in all settings. TheBill, which includes provisions on childdiscipline, provides a timely opportunityfor the Government to confirm theConstitutional Court ruling with an explicitprohibition of corporal punishment inlegislation. As at January 2020, the Billis yet to be adopted.As in all states, prohibition of corporalpunishment in South Africa needsto be accompanied by a nationwidecampaign that promotes children’s rightto protection from violence and equipsparents and teachers to use positivemethods of raising and educatingchildren. Child rights activists are alreadymobilising, but the Government mustprovide adequate resources and supportto ensure the ban on corporal punishmentbecomes a reality. South African childrendeserve to live free from violence.The time is now.THE GOVERNMENTMUST PROVIDE ADEQUATERESOURCES AND SUPPORTTO ENSURE THE BAN ONCORPORAL PUNISHMENTBECOMES A REALITY09
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Global report 2019: Progress towards ending corporal punishment of children

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