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Mixed reaction to Constitutional Court's ruling over spanking of children

18 September 2019 2:10 PM
Tags:
Constitutional Court
Corporal punishment cases
Spanking judgement
Corporal punishment at home
Freedom of Religion SA legal advisor says the ruling will destroy families in the country.

The Constitutional Court has ruled that corporal punishment cannot be used in private homes.

The court has upheld the South Gauteng High Court's 2017 ruling against corporal punishment in the home.

Last year, Freedom of religion South Africa challenged the High Court ruling, which effectively declared all forms of corporal punishment by parents on their children unlawful.

Chief Justice Mogoeng Mogoeng, who presided over the case, said that the defence of reasonable chastisement was inconsistent with the Constitution.

In terms of this judgment practically it means parents who physically correct their children in any way, even a tap on the hand, will be committing a crime of assault.

Daniela Ellerbeck, Legal advisor - Freedom of Religion SA

It sets a very dangerous precedent with the state being able to step into the home and dictate to parents how to raise their children.

Daniela Ellerbeck, Legal advisor - Freedom of Religion SA

Families will be torn apart because of this judgment, says Ellerbeck.

This will destroy families in South Africa and families are the bedrock of society.

Daniela Ellerbeck, Legal advisor - Freedom of Religion SA

Meanwhile, independent children's rights consultant Carol Bower applauds judgment.

We are an extraordinary violence country and when we hit children we teach them the wrong message.

Carol Bower, Independent children's rights consultant

Violence begets violence.

Carol Bower, Independent children's rights consultant

Listen to the full interviews below...


18 September 2019 2:10 PM
Tags:
Constitutional Court
Corporal punishment cases
Spanking judgement
Corporal punishment at home

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