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The unreasonableness of 'reasonable chastisement'
Mini Dissertation (LLM)--University of Pretoria, 2019.
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| Other Authors: | |
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2020
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| _version_ | 1867613487281209344 |
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| access_status_str | Open Access |
| author2 | Boezaart, C.J. (Trynie) |
| author_browse | Boezaart, C.J. (Trynie) |
| author_facet | Boezaart, C.J. (Trynie) |
| collection | Thesis |
| dc_rights_str_mv | © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Mini Dissertation (LLM)--University of Pretoria, 2019. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/72859 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:36:55.772Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2020 |
| publishDateRange | 2020 |
| publishDateSort | 2020 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/72859 The unreasonableness of 'reasonable chastisement' Boezaart, C.J. (Trynie) kellywilliamson96@gmail.com Williamson, Kelly Paula UCTD Child Law, Private Law Mini Dissertation (LLM)--University of Pretoria, 2019. South Africa has banned corporal punishment in every setting, except for one, the home. Despite having ratified international conventions where in corporal punishment is abolished, South Africa is yet to abolish it and adopt legislation to support and sustain the ban on corporal chastisement. South Africa has not been completely mute on the topic of corporal punishment in the home. More than a decade ago there was a proposition to abolish corporal punishment and include it in the then Children’s Bill in clause 139. However, this clause never saw the light of day. A similar attempt to amend the Children’s Act has very recently been abolished leaving the common law defense known as ‘reasonable chastisement’ available to parents. The recent case that re-sparked this contentious debate is the YG v S (2018 (1) SACR 64 (GJ)). The High Court mero motu considered the constitutionality of the common law defense and in the end found it to be unconstitutional. In an unexpected move, one of the applicants applied to the Constitutional Court for both standing and leave to appeal and judgment has been reserved. This mini-dissertation explores the many aspects with regards to corporal punishment by evaluating the international conventions, legislation and case law. A limited comparative component is included and some of the physiological effects of corporal punishment on children are considered. The focus is however on the YG case in the hope that it paved the way to change the defense of ‘reasonable’ chastisement. This defense defies children’s rights and is therefore unreasonable. Private Law LLM Unrestricted 2020-01-21T06:28:48Z 2020-01-21T06:28:48Z 2020-04-09 2019 Mini Dissertation Williamson, KP 2019, The unreasonableness of 'reasonable chastisement', LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/72859> A2020 http://hdl.handle.net/2263/72859 en © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Child Law, Private Law The unreasonableness of 'reasonable chastisement' |
| title | The unreasonableness of 'reasonable chastisement' |
| title_full | The unreasonableness of 'reasonable chastisement' |
| title_fullStr | The unreasonableness of 'reasonable chastisement' |
| title_full_unstemmed | The unreasonableness of 'reasonable chastisement' |
| title_short | The unreasonableness of 'reasonable chastisement' |
| title_sort | unreasonableness of reasonable chastisement |
| topic | UCTD Child Law, Private Law |
| url | http://hdl.handle.net/2263/72859 |