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

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42 recognizes the child as a full human being, with integrity and personality and with the ability to participate fully in society.” 137 In chapter 1 the potential harmful consequences of both virginity testing as well as male circumcision were discussed in detail. It is not clear to what extent the views of children themselves have been considered around policies and legislation aimed at protecting children from harmful traditional practices in South Africa. From the response by the Committee on the Rights of the Child to South Africa’s Initial Report in 2000 it can be argued that not enough awareness raising around the provisions of the CRC had taken place at the time of publication of the Report. It is also uncertain how much awareness raising has taken place since the publication of the Report. It can therefore be concluded that if children are not sufficiently informed of their rights, they would not be able to participate fully in matters affecting them. What is questionable in the South African context is the voluntariness of children’s participation in cultural practices. The inclusion of the word ‘freely’ in Article 12 is indicative of the fact that he or she should not suffer any ‘pressure, constraint or influence that might prevent such expression.’ 138 It can therefore be submitted that the pressure put on children to participate in traditional ceremonies would hamper their ‘free’ expression on the potential health hazards often associated with traditional cultural practices. 137 Barrat A, “The Best Interest of the Child”, in The Fate of the Child – Legal Decisions on Children in the New South Africa, edited by Burman S, Juta Publishers, 1 st edition, 2003, at 149. 138 See fn 102 above at p 164.
43 In the ensuing chapter, the rights of children to be protected from harmful traditional cultural practices will be examined within the ambit of the South African Constitution. The limitations on the right to culture and religion will be examined more closely in order to determine the constitutional requirements on the exercise of these rights.
Page 1 and 2: HARMFUL TRADITIONAL PRACTICES, (MAL
Page 3 and 4: 3 Convention on the Rights of the C
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: 41 Furthermore, it is stated that i
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
Page 53 and 54: 53 is found in the application of t
Page 55 and 56: 55 into an in-depth analysis of the
Page 57 and 58: 57 studs. The appellant in this cas
Page 59 and 60: 59 The following chapter will exami
Page 61 and 62: 61 After listening to submissions i
Page 63 and 64: 63 religious practices. 204 The fol
Page 65 and 66: 65 Outside of the debate in parliam
Page 67 and 68: 67 ‘they’ who threatened to kil
Page 69 and 70: 69 traditional leaders with the pre
Page 71 and 72: CHAPTER 5: RECOMMENDATIONS. 71 The
Page 73 and 74: 73 Government in an effort to ensur
Page 75 and 76: 75 restrictive means include educat
Page 77 and 78: BIBLIOGRAPHY BOOKS 77 Aldeeb Abu Sa
Page 79 and 80: Van Bueren G, “The United Nations
Page 81 and 82: Author unknown, “Submissions by N
Page 83 and 84: 83 Author unknown, “Children have
Page 85: 85 Proudlock P, “No Second-Best L

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