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Spanking Children is Now Unconstitutional in South Africa

On Wednesday, the 18th of September in South Africa, the country’s Constitutional Court supported a High Court 2017 ruling and declared that the spanking of children is a violation of the constitution.

According to OkayAfrica, The decree came up after a father allegedly beat his 13-year-old son “in a manner that exceeded the bounds of reasonable chastisement”.

The ruling which was outlined by Chief Justice Mogoeng Mogoeng, has come during a time where gender-based violence and violence towards children has experienced an alarming rise in the past weeks.

In 2017, the Gauteng High Court in Johannesburg ruled that it was illegal for parents or guardians to spank their children i.e. use corporal punishment in the home setting.

This meant parents or guardians who are accused of assault after spanking their children, can no longer invoke the common law defense of reasonable chastisement.

Several Children rights activists and groups as well as organisations have welcomed the ruling.



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