Topic > 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 in South African customary law there is a defense for parents when a claim based on assault is raised. This defense is known as reasonable disciplinary action and is seen as justification. Physical aggression, like corporal punishment, is considered illegal. In the following discussion, current relevant legislation, world views and interpretation of the Constitution will be examined to determine whether or not this defense has a future in South African law.1. Development relating to the use of corporal punishment in different spheres: "He who spares the rod hates his son, but he who loves him is diligent in disciplining 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 mostly influenced by Scripture, as seen in the example of the use of Proverbs in formulating the principle of corporal punishment. For this reason it has been accepted as a punishment in South Africa for many years. Clearly state that if you love your child, you must punish him. Therefore corporal punishment was used in all areas: those responsible for alternative care for children used it as a means of disciplining them; schools administered it to students who misbehaved, even courts used it as a sentence for minors who had committed a crime. This, however, is no longer the case. The factors that led to the change will be discussed below. 1.1 Alternative treatments: The use of corporal punishment is explicitly prohibited in alternating...... middle of paper ......or two evils, which limit all those 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 evident that a global movement is taking place to prevent any physical harm occur. a child, even in the form of domestic punishment. By prohibiting domestic corporal punishment as a form of disciplinary punishment, South Africa will comply with its international legal obligations. Parents will no longer be allowed to inflict physical harm on their children as a form of disciplinary punishment. In this way, children's rights, as previously mentioned, will no longer be violated. The bottom line is that reasonable disciplinary punishment can no longer exist as a defense in the future..