Resolving the dilemma between corporal punishment and human rights in South Africa

Abstract

South Africa’s Constitution protects the fundamental rights of all citizens, including children. The recent Children’s Act and the Children’s Amendment Act criminalise corporal punishment of children by their parents. This article endeavours to describe the dilemma between corporal punishment and human rights in South Africa. It investigates possible democratic approaches to resolving the dilemma and offers deliberative democracy as a possible way to guide discussions on this dilemma. The article evaluates the applicability of deliberative democracy to the case of corporal punishment and human rights and highlights the need to consider alternative strategies to discipline children.