Corporal Punishment with Respect to the Private and Public...

1 Introduction Corporal punishment is the unlawful intentional act of causing harm by physically inflicting punishment on the body of an offender or severely criticising the offender. There is a distinction in common-law between corporal punishment in the public sphere and in the private sphere. Corporal punishment on children in the private sphere is administered by parents. It is legally accepted in South Africa, provided that the requirements are met. The public sphere’s position is much different in the sense that the government along with all schools have no authority to physically discipline school children anymore. Authority to exercise corporal punishment often leads to abuse of power, child abuse and feelings of superiority. All†¦show more content†¦Rex v Janke Janke (‘Janke’) clarifies the rights parents have when corporally punishing their children with the intention of teaching them a valuable lesson. The requirements for this defence are for it to be moderate and reasonable. The reasonable requirement refers to the child having to wrongfully do something or threaten to do so. The moderate requirement states that the punishment must be in proportion to the age, build, health and gender of the child. Corporal punishment by parental authority can only succeed as a defence if it meets these requirements, as well as having the intention to discipline or educate the child. 3 1 Arguments against parent’s right of chastisement The harm inflicted on a child when punishing him/her, violates the human rights of the child, which states that every child should be protected from abuse or degradation in section 28(d) of the Constitution. Another point of inconsistency the legalisation of corporal punishment in the private sphere, is set out in section 39(3) of the Constitution that states: â€Å"The Bill of rights does not deny the existence of any other rights or freedoms that are recognised or conferred by common law, customary law or legislation, to the extent that they are consistent with the Bill†. The current position of the private sphere is not in correspondence with the public sphere, even though they both deal with corporal punishment. Confusion could be raised asShow MoreRelatedThe Common Law Defence Of Reasonable Disciplinary Chastisement Essay2223 Words   |  9 Pagesacademic opinions and disputes, as a secondary source of evaluative analysis. Disciplinary chastisement: Background The previous common law interpretation regarding (â€Å"CP†) was significantly influenced by English law, employing an approach of moderate corporal chastisement as permissible towards those under their care. 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