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Critical reflection of the application of 'reasonable chastisement' in South Africa : a case analysis of Freedom of Religion South Africa v Minister of Justice and Constitutional development
Mini Dissertation(LLM (Child Law))--University of Pretoria 2020.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2020
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| _version_ | 1867613634724626432 |
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| access_status_str | Open Access |
| author2 | Hansungule, Michelo |
| author_browse | Hansungule, Michelo |
| author_facet | Hansungule, Michelo |
| 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 (Child Law))--University of Pretoria 2020. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/76926 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:39:16.035Z |
| 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:2263/76926 Critical reflection of the application of 'reasonable chastisement' in South Africa : a case analysis of Freedom of Religion South Africa v Minister of Justice and Constitutional development Hansungule, Michelo cmfrtkgothatso@gmail.com Phasha, Comfort Raisibe UCTD Corporal punishment and children's rights Human rights Freedom of religion Christian education Law theses SDG-04 Law theses SDG-16 SDG-10: Reduced inequalities SDG-04: Quality education SDG-16: Peace, justice and strong institutions Law theses SDG-10 Mini Dissertation(LLM (Child Law))--University of Pretoria 2020. In Christian Education South Africa v Minister of Education, the Constitutional Court upheld the law that prohibited the use of corporal punishment in schools. The decision was primarily premised on protecting children against all forms of violence from a public source. Recently, the same Court in Freedom of Religion South Africa v Minister of Justice and Constitutional Development and Others has abolished the defence of reasonable chastisement that was available at common law to parents when administering corporal punishment to discipline recalcitrant children. The effect of the decision is that parents no longer have a defence if they are charged with Assault as a result of Corporal Punishment. The decision has far-reaching consequences as; on the one hand, it unfairly curtails parents’ rights of discipline against their children and seeks to dictate to parents on how to discipline their children. On the other hand, the decision places the rights of children as being of paramount importance in every matter concerning the child. The study employs the doctrinal method which is “desktop-based”, and uses primary and secondary sources, such as case law, statutes, articles and books. The findings of this study are that the defence of reasonable chastisement infringes on the rights of children afforded to them by both the Constitutional law and international instrument. Outlawing Corporal Punishment serves as a great step towards fighting the battle of domestic violence. The Constitutional Court Judgment is not the end of it all; parents must be taught of other alternative way to disciples children. It is of crux to note that discipline is the essential part of parenting and it will be detrimental to raise children without discipline. Centre for Child Law LLM (Child Law) Unrestricted 2020-11-09T09:51:20Z 2020-11-09T09:51:20Z 2021-04 2020 Mini Dissertation Phasha, CR 2020, Critical reflection of the application of 'reasonable chastisement' in South Africa : a case analysis of Freedom of Religion South Africa v Minister of Justice and Constitutional development, LLM (Child Law) Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/76926> A2021 http://hdl.handle.net/2263/76926 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 Corporal punishment and children's rights Human rights Freedom of religion Christian education Law theses SDG-04 Law theses SDG-16 SDG-10: Reduced inequalities SDG-04: Quality education SDG-16: Peace, justice and strong institutions Law theses SDG-10 Critical reflection of the application of 'reasonable chastisement' in South Africa : a case analysis of Freedom of Religion South Africa v Minister of Justice and Constitutional development |
| title | Critical reflection of the application of 'reasonable chastisement' in South Africa : a case analysis of Freedom of Religion South Africa v Minister of Justice and Constitutional development |
| title_full | Critical reflection of the application of 'reasonable chastisement' in South Africa : a case analysis of Freedom of Religion South Africa v Minister of Justice and Constitutional development |
| title_fullStr | Critical reflection of the application of 'reasonable chastisement' in South Africa : a case analysis of Freedom of Religion South Africa v Minister of Justice and Constitutional development |
| title_full_unstemmed | Critical reflection of the application of 'reasonable chastisement' in South Africa : a case analysis of Freedom of Religion South Africa v Minister of Justice and Constitutional development |
| title_short | Critical reflection of the application of 'reasonable chastisement' in South Africa : a case analysis of Freedom of Religion South Africa v Minister of Justice and Constitutional development |
| title_sort | critical reflection of the application of reasonable chastisement in south africa a case analysis of freedom of religion south africa v minister of justice and constitutional development |
| topic | UCTD Corporal punishment and children's rights Human rights Freedom of religion Christian education Law theses SDG-04 Law theses SDG-16 SDG-10: Reduced inequalities SDG-04: Quality education SDG-16: Peace, justice and strong institutions Law theses SDG-10 |
| url | http://hdl.handle.net/2263/76926 |