Box 6
Towards freedom from violence for all school children
The central question in this matter is: when
Department of Education contends that
Parliament enacted a law to prohibit
corporal punishment in schools is contrary to
individual person who may find himself ‘at
corporal punishment in schools, did it
the Bill of Rights. ... According to the
the other end of the stick’ and as such be
violate the rights of parents of children in
affidavit, corporal punishment is inherently
entitled to [constitutional protection].
independent schools who, in line with their
violent, and involves a degrading assault
Then, the broad community has an interest
religious convictions, had consented to its
upon the physical, emotional and
in reducing violence wherever possible and
use?
psychological integrity of the person to
protecting children from harm. The overlap
In support of its contention that
whom it is administered. South Africans have
and tension between the different clusters
parents have a divinely imposed
suffered, and continue to suffer a surfeit of
of rights reflect themselves in
responsibility for the training and upbringing
violence.
contradictory assessments of how the
of their children, the appellant ... contends
It is clear from the above that a
central constitutional value of dignity is
that corporal punishment is a vital aspect of
multiplicity of intersecting constitutional
implicated. On the one hand, the dignity of
Christian religion and that it is applied in the
values and interests are involved in the
the parents may be negatively affected
light of its biblical context using biblical
present matter – some overlapping, some
when the state tells them how to bring up
guidelines which impose a responsibility on
competing. The parents have a general
and discipline their children and limits the
parents for the training of their children. It
interest in living their lives in a community
manner in which they can express their
has further claimed that according to the
setting according to their religious beliefs,
religious beliefs. The child who has grown
Christian faith, parents continue to comply
and a more specific interest in directing
up in the particular faith may regard the
with their biblical responsibility by
the education of their children. The child,
punishment, although hurtful, as designed
delegating their authority to punish their
who is at the centre of the inquiry, is
to strengthen his character. On the other
children to their teachers.
probably a believer, and a member of a
hand, the child is being subjected to what
family and a participant in a religious
an outsider might regard as the indignity of
community that seeks to enjoy such
suffering a painful and humiliating hiding
In an affidavit submitted on behalf of
the respondent, the Director-General of the
36
freedom. Yet that same child is also an
Right to Education Primers No. 3