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Essay / The future of corporal punishment as a defense
In South Africa, it is still legal for parents to use corporal punishment to discipline their children. The reason therefore is that there is a defense in South African common law for parents when a claim based on assault is made. This defense is known as reasonable disciplinary punishment and is considered grounds for justification. Physical attacks, such as corporal punishment, are considered illegal. In the discussion that follows, current legislation on the subject, worldviews and interpretation of the Constitution will be examined to determine whether or not this defense has a future in South African law.1. Development concerning the use of corporal punishment in different areas: “He who spares the rod hates his son, but he who loves him strives to discipline him. » (Proverbs 13; 24, New International Version) South Africa has a hybrid legal system. Among other influences, the law is particularly influenced by Roman-Dutch law, which also includes canon law. Canon law is primarily influenced by Scripture, as shown by the example of the use of Proverbs in formulating the principle of corporal punishment. This is why it was accepted as a punishment in South Africa for many years. It is clearly stated that if you love your child, you must chastise him. Corporal punishment has therefore been used across the board: those responsible for alternative child care have used it as a means of disciplining them; schools administered it to students who misbehaved, even courts used it as a punishment for minors who committed a crime. However, this is no longer the case. The factors that brought about this change will be discussed below.1.1 Alternative protection: The use of corporal punishment is explicitly prohibited in alternation...... middle of paper ...... or both evils, only to limit all these rights of the child.3. Conclusion Looking at the African Charter on the Rights and Welfare of the Child, the International Covenant on Civil and Political Rights and even the United Nations study on violence against children, it is visible that a global movement is underway to prevent any physical harm to children. a child, even in the form of punishment at home. By banning corporal punishment in the home as a form of disciplinary sanction, South Africa will meet its international legal obligations. Parents will no longer be allowed to inflict physical harm on their children as a disciplinary sanction. Thus, the rights of children, as mentioned previously, will no longer be violated. The conclusion is that in the future, reasonable disciplinary punishment as a defense will become a defense..