A rose by any other name: 'Biblical correction' in South African schools

The South African Schools Act 84 of 1996 prohibits corporal punishment in schools. Certain independent Christian schools, under the banner of Christian Education South Africa (CESA), have allowed corporal punishment to be administered to pupils in the belief that this form of correction is an integr...

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Bibliographic Details
Main Author: Pete, Steve (Author)
Contributors: Du Plessis, Max (Other)
Format: Print Article
Language:English
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Published: Routledge, Taylor & Francis Group 2000
In: South African journal on human rights
Year: 2000, Volume: 16, Issue: 1, Pages: 97-120
Further subjects:B Group
B Religious freedom
B Legal certainty
B Violence
B Freedom of religion
B Private educational institution
B Legal norm
B Africa
B College student
B Christianity
B Pupil
B Jurisdiction
B School
B Human rights
B Delegated legislation
B Protection against
B Religious education
B Crime
B Legal conflict
B Tatbestand
B Child
B Legal status
Description
Summary:The South African Schools Act 84 of 1996 prohibits corporal punishment in schools. Certain independent Christian schools, under the banner of Christian Education South Africa (CESA), have allowed corporal punishment to be administered to pupils in the belief that this form of correction is an integral part of the Christian faith. One of the rights relied upon by CESA is the right to freedom of religion in s 15 of the 1996 Constitution. This article argues that CESA's free exercise of this right is lawfully curtailed by the South African Schools Act. (...) In CESA's case, the value of corporal punishment (such as it is) will have to submit to the values that the South African Schools Act aims to protect, viz children's right to dignity and freedom from cruel, inhuman or degrading treatment. (...) (S Afr J Hum Rights/DÜI)
ISSN:0258-7203
Contains:In: South African journal on human rights