human rights perspective
24 January 2006
APPROPRIATE DISCIPLINE IN A CONSTITUTIONAL SOUTH AFRICA
On Thursday, 26 January 2005, the South African Human Rights Commission
(SAHRC) in collaboration with RAPCAN and Save the Children Sweden will host a
Roundtable discussion entitled âAppropriate Discipline in a Constitutional
South Africa.â The Roundtable seeks to engage key policy makers on legal
options to ensure that children are free from violence in the home, and that
parents and caregivers are supported to use appropriate forms of
discipline.
In December 2005, Parliament passed the section 75 Childrenâs Bill. It was
anticipated by many that this Bill would seek to prohibit the use of all forms
of physical punishment in the home - it did not. Since 1994, South Africa has
progressively banned all forms of corporal punishment in the public domain.
Corporal punishment within the private domain of the home is, however, legally
tolerated provided that it does not exceed the boundaries of moderate
chastisement.
At an international level, children participating in the United Nations
Study on Violence against Children have overwhelmingly called for the
prohibition of all forms of physical punishment in all spheres of life. South
Africa is a country that suffers from endemic violence. Abolishing all forms of
corporal punishment and using appropriate forms of discipline in the home would
bring our society closer to ensuring our constitutional values of human dignity
and equality are realised.
Experts in the areas of human rights, childrenâs rights, psychology and
education will address the Roundtable. Peter Newell from the United Kingdom
(UK), an internationally recognised expert on the issue of corporal punishment
and coordinator of the Global Initiative to End All Corporal of Children will
be speaking at the event. The Chairperson of the SAHRC, Jody Kollapen will
deliver the opening address.
Other events concerning children and corporal punishment taking place during
the week beginning 23 February 2005 in Cape Town include, a Western Cape
Provincial Workshop on Corporal Punishment for advocacy groups and lobbyists 24
January 2006 (organised by RAPCAN), a childrenâs workshop 25 January 2006
(organised by SAHRC) and a sub regional workshop to be attended by participants
from Southern Africa, 26 and 27 January 2006 (organised by Save the Children
Sweden)
Venue: Center of the Book, 62 Queen Victoria Street, Cape Town
Date: Thursday, 26 January 2005
Time: 13:00
Further Information
Summary of topics to be addressed by Speakers at the Roundtable:
Panel A: Legal Implications
* Daksha Kassan: will give an overview on the legal developments in South
Africa of the permissibility of corporal punishment.
* Ann Skelton: will discuss the constitutional issues that banning corporal
punishment might raise.
* Peter Newell: will discuss the international experience in attempting to ban
corporal punishment.
Panel B: Sociological Implications
* Salim Vally: will discuss South Africaâs experience of banning corporal
punishment in the education system.
* Joan van Niekerk: will discuss how communities have responded to the ending
of corporal punishment in schools and some of the issues that ending public
corporal punishment has created.
* Andy Dawes: will discuss the emotional and psychological consequences of
corporal punishment on children, families, the community, and South African
society.
Enquiries:
Judith Cohen (SAHRC)
Cell: 083 284 1115
Sam Waterhouse (RAPCAN)
Cell: 084 522 9646
Issued by: South African Human Rights Commission
24 January 2006