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

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58 submitted that the practice should be discouraged. It can be further argued, judging from the decisions in the Pillay, Prince and Christian Education cases that virginity testing will not pass constitutional scrutiny. In the case of traditional male circumcisions it is submitted that when the practice is carried out in unhygienic conditions, coupled with other hardships such as starvation, frostbite, gangrene and other health related hazards, the potential for harm to the male child far outweighs the benefits put forward by those who support the practice. Under these conditions, traditional male circumcisions has the potential to infringe the right to bodily integrity and in severe cases such as death, the right to life is also infringed. It is therefore submitted, that under these conditions, traditional male circumcisions will not pass constitutional scrutiny. Although each and every circumcision carried out on a male child carries the risk of physical injury, there is a difference between circumcisions carried out for cultural reasons and religious reasons. Recent reports in the media indicate that many traditional circumcisions are carried out in unhygienic conditions and by untrained personnel. Religious circumcisions are for the most part carried out by a medical practitioner, in the case of Muslims and a mohel in the case of Jews. As such, the cases of botched circumcisions in Jews and Muslims are not as widespread as is the case with traditional male circumcisions. It is therefore submitted that male circumcisions carried out for religious purposes should be carried out strictly according to the requirements of the particular religion, in order to protect children from botched circumcisions and other health related injuries accompanied by unhygienic circumcisions.
59 The following chapter will examine the provisions of the Children’s Act 38 of 2005 with the aim of determining whether the provisions go far enough in protecting children against harmful traditional practices as required by international law as well as the Constitution. A detailed analysis of the provisions relating to virginity testing and male circumcision will be undertaken in order to determine how far the public submissions were accommodated in the final draft of the Act.
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HARMFUL TRADITIONAL PRACTICES, (MAL
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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 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
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: 57 studs. The appellant in this cas
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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