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

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62 1.2.2 Amendments proposed by the NCOP. It was recommended that; (1) circumcision of male children for cultural reasons be restricted to boys over the age of 16 years; (2) Above the age of 16 circumcision may only occur with the consent of the child and after counselling; (3) virginity testing is restricted to girls over the age of 16 years; (4) Above the age of 16 virginity testing can only be carried out with the consent of the child and after counseling; (5) The results of virginity testing should not be made public and; (6) The body of the child should not be marked. 202 The proposals by the NCOP were then accepted by the NA in December 2005. 203 With the enactment of the Bill, the above recommendations by the NCOP in December 2005, were retained in section 12 of the final Children’s Act 38 of 2005. 1.2.3 Submissions on harmful practices in the Children’s Bill. In October 2005 during the public hearings on the Children’s Bill by the Select Committee on Social Services, the National House of Traditional Leaders (NHTL) expressed concern about section 12 of the Bill relating to social, cultural and 202 Ibid. 203 Jamieson L and Proudlock P, “Children’s Bill Progress Update”, 13 March 2006 at p 3. Available online at http://web.uct.ac.za/depts/ci/plr/progress/GeneralUpdate13March2006. Accessed 10 October 2006.
63 religious practices. 204 The following comments were made with regard to the practice of virginity testing: 205 “We are vehemently opposed to a clause which prohibits virginity testing. This clause has been inserted by those who either have no knowledge of our culture or are simply harbouring prejudice and hatred against our culture. Ever since this Bill was publicized by media … the most vocal critics being women and girls themselves. Should parliament pass this outrageous legislation with such offensive clause it runs a risk of not being respected by our communities and they are determined to defy it. The Bill of Rights recognises the rights of persons to participate in cultural practices of their own choice. Surely any clause in the Bill which denies our communities to exercise their cultural rights is not consistent with the Constitution.” 206 With regard to male circumcision, it was held that the Bill did not provide a definition of the word “circumcision” and that there were various forms of female circumcision which in the view of traditional leaders were good customary practices that should be promoted and not prohibited. 207 204 Author unknown, “National House of Traditional Leaders (NHTL) submissions on the Children’s Bill (B 70B – 2003)” at p 2. Available online at http://www.pmg.org.za/docs/2005/05101lnh+1.htm. Accessed on 31 August 2006. 205 Section 12(4), (5), (6) and (7) relates to the practice of virginity testing. These sections state the following: 12(4) “Virginity testing of children under the age of 16 is prohibited. (5) Virginity testing of children older than 16 may only be performed? (a) if the child has given consent to the testing in the prescribed manner; (b) after proper counselling of the child; and (c) in the manner prescribed. (6) The results of a virginity test may not be disclosed without the consent of the child. (7) The body of a child who has undergone virginity testing may not be marked.” 206 See fn 204 above at p 2. 207 Ibid. The provisions in the Bill relating to male circumcision are contained in sections 12 (8) – (10). These provisions state the following: 12(8) “Circumcision of male children under the age of 16 is prohibited except when – (a) circumcision is performed for religious purposes in accordance with the practices of the religion concerned and in the manner prescribed; or (b) circumcision is performed for medical reasons on the recommendation of a medical practitioner. (9) Circumcision of male children older than 16 may only be performed – (a) if the child has given consent to the circumcision in the prescribed manner: (b) after proper counselling of the child; and (c) in the manner prescribed.
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HARMFUL TRADITIONAL PRACTICES, (MAL
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3 Convention on the Rights of the C
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5 DECLARATION I declare that Harmfu
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7 DEDICATION This mini-thesis is de
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9 1.4 The right to survival and dev
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Page 33 and 34: 33 1.3 THE RIGHT TO NON-DISCRIMINAT
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Page 37 and 38: 37 “The right to life is the most
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Page 51 and 52: 51 prohibiting corporal punishment
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Page 55 and 56: 55 into an in-depth analysis of the
Page 57 and 58: 57 studs. The appellant in this cas
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Page 73 and 74: 73 Government in an effort to ensur
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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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