ERIC Number: ED379760
Record Type: Non-Journal
Publication Date: 1994-Nov
Pages: 22
Abstractor: N/A
ISBN: N/A
ISSN: N/A
EISSN: N/A
Corporal Punishment in Schools and Fundamental Human Rights: A South African Perspective.
Prinsloo, Justus
In many western countries, corporal punishment has been abolished as a form of punishment in criminal trials and in schools. Under South African common law, persons entitled to enforce discipline may inflict corporal punishment within certain guidelines established by the Supreme Court. For the first time in the Republic of South Africa (RSA), the Constitution of the RSA, 1993, contains a chapter on all citizens' fundamental human rights. Section 11(2) provides for a general prohibition of cruel, inhuman or degrading treatment or punishment. The question is whether section 11(2) will be applied to corporal punishment in general and to schools, in particular. This paper describes the constitutional provisions pertaining to corporal punishment in Namibia, Zimbabwe, Germany, Canada, and the United States. It also discusses some South African statutes dealing with corporal punishment and Chapter 3 of the Constitution of the RSA, 1993. It is concluded that if corporal punishment in schools is declared to be cruel, inhumane, or degrading, and thus unconstitutional, educators will have to undergo a paradigm shift in their views of school discipline. A Constitutional Court may respond to questions about corporal punishment in schools as follows: (1) corporal punishment in schools is not cruel, inhumane, or degrading "per se"; (2) the source and nature of the schoolmasters' authority may affect the final decision as to the applicability of section 11(2); and (3) sound education grounds for retaining corporal punishment as an available option may be advanced. (LMI)
Publication Type: Speeches/Meeting Papers; Opinion Papers
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Location: South Africa
Grant or Contract Numbers: N/A