Harmful traditional practices, (male circumcision - Electronic Thesis ...

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ABSTRACT 2 In South Africa the practice of virginity testing is most prevalent in KwaZulu- Natal amongst the Zulu and Xhosa. Proponents of the practice claim that some of the benefits include the prevention of the spread of HIV/Aids as well as teenage pregnancy and the detection of children who are sexually abused by adults, amongst others. In South Africa most black males undergo an initiation when they are approximately 16 years old to mark the transition from boyhood to manhood. Male circumcision is also performed as a religious practice amongst the Jews and Muslims. A number of human rights groups in South Africa, including the Commission on Gender Equality (CGE) as well as the South African Human Rights Commission (SAHRC) has called for a total ban on the practice of virginity testing on the basis that it discriminates against girls, as the practice is carried out predominantly amongst teenage girls. The CGE and SAHRC are particularly concerned about the potential for human rights violations of virginity testing. The problem with traditional male circumcisions in South Africa is the number of fatalities resulting from botched circumcisions and the spreading of sexually transmitted diseases through unhygienic procedures and unqualified surgeons. Also of concern are other hardships often accompanied by traditional circumcisions such as starvation, frostbite, gangrene and infection amongst other health related injuries. Thus, according to human rights activists, when carried out in these circumstances, traditional male circumcisions have the potential to violate a number of rights aimed at protecting boys including the right to physical integrity and life, in cases of the death of an initiate. South Africa has also ratified a number of international treaties aimed at protecting children against harmful cultural practices such as the United Nations
3 Convention on the Rights of the Child (CRC), the African Charter on the Rights and Welfare of the Child and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). As such it has been argued by rights groups that virginity testing as well as male circumcisions carried out in the conditions set out above have the potential to violate a number of provisions contained in international instruments aimed at protecting the dignity of children. Despite the potential risk of harm to children in both practices, the Children’s Act 38 of 2005 allows for both virginity testing and male circumcision under certain conditions as set out in the Act. In this paper it will be argued that the provisions aimed at protecting children from harmful cultural practices in the Children’s Act, do not offer children adequate protection against abuse and maltreatment. Recommendations include the discouragement of virginity testing as proposed by the Committee on the Rights of the Child. If this is not possible, it is recommended that alternative non-invasive methods of performing virginity testing be considered. In the case of male circumcisions, recommendations will centre around legislative reforms in order to improve the conditions in which the practice is performed, making it much safer and hygienic for male children.
Page 1: HARMFUL TRADITIONAL PRACTICES, (MAL
Page 5 and 6: 5 DECLARATION I declare that Harmfu
Page 7 and 8: 7 DEDICATION This mini-thesis is de
Page 9 and 10: 9 1.4 The right to survival and dev
Page 11 and 12: CHAPTER 1 11 1. BACKGROUND AND INTR
Page 13 and 14: 1.1 The Origins of Virginity Testin
Page 15 and 16: 15 diseases. 10 Since it was well k
Page 17 and 18: 17 that it is acceptable to pass ju
Page 19 and 20: 19 presence of either the mother or
Page 21 and 22: 21 Traditional leaders have argued
Page 23 and 24: 23 exposes young boys to an array o
Page 25 and 26: CHAPTER 2 INTERNATIONAL LAW AND HAR
Page 27 and 28: 27 harmful social and cultural prac
Page 29 and 30: 29 Concern has also been expressed
Page 31 and 32: 31 “In all actions concerning chi
Page 33 and 34: 33 1.3 THE RIGHT TO NON-DISCRIMINAT
Page 35 and 36: 35 taboos or negative or judgmental
Page 37 and 38: 37 “The right to life is the most
Page 39 and 40: 1.5 THE RIGHT TO RESPECT FOR THE VI
Page 41 and 42: 41 Furthermore, it is stated that i
Page 43 and 44: 43 In the ensuing chapter, the righ
Page 45 and 46: 1.2 The right to culture 45 As ment
Page 47 and 48: 47 limitation on the rights contain
Page 49 and 50: 1.2.1 The application of section 36
Page 51 and 52: 51 prohibiting corporal punishment
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53 is found in the application of t
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55 into an in-depth analysis of the
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57 studs. The appellant in this cas
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59 The following chapter will exami
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61 After listening to submissions i
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63 religious practices. 204 The fol
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65 Outside of the debate in parliam
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67 ‘they’ who threatened to kil
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69 traditional leaders with the pre
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CHAPTER 5: RECOMMENDATIONS. 71 The
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73 Government in an effort to ensur
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75 restrictive means include educat
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BIBLIOGRAPHY BOOKS 77 Aldeeb Abu Sa
Page 79 and 80:
Van Bueren G, “The United Nations
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Author unknown, “Submissions by N
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83 Author unknown, “Children have
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85 Proudlock P, “No Second-Best L
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