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

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