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Title:A rose by any other name: 'biblical correction' in South African schools
Authors:Pete, Steve
Du Plessis, MaxISNI
Periodical:South African Journal on Human Rights
Geographic term:South Africa
Subjects:corporal punishment
educational policy
Abstract:The South African Schools Act 84 of 1996 prohibits corporal punishment in schools in South Africa. Certain independent Christian schools, under the banner of Christian Education South Africa (CESA), have allowed corporal punishment to be administered to pupils. One of the rights relied upon by CESA is the right to freedom of religion in s 15 of the 1996 Constitution. For a court to do justice to CESA's right under s 15, it will have to determine whether this stance is based on a sincerely held religious belief. It also will have to take into account the number of people who subscribe to the belief, and the centrality of the belief to the religion concerned. The present author argues that the value of corporal punishment will have to submit to the values that the South African Schools Act aims to protect, viz. children's rights to dignity and freedom from cruel, inhuman or degrading treatment. Notes, ref., sum.