Spanking, punishment of children is unconstitutional- Court declares

A South African court on Wednesday has sustained a ruling over spanking and physical punishment of children at home. It declares such treatment as unconstitutional and violation of child rights.

The South African Constitutional Court backed a 2017 court ruling that sentenced a father for assaulting his 13-year-old son for watching a pornographic film.

A religious freedom group stood up against the case as it says even though it does not support abuse on children, there should be freedom for parents to raise up children according to their religious belief.

However, the nine constitutional judges unanimously ruled that spanking should be banned.

“The vulnerability of children, their rights to dignity and to have the paramount of their best interests upheld, as well as the availability of less restrictive means to achieve discipline, render moderate and reasonable chastisement unconstitutional,” they ruled.

The court banned corporal punishment in prison in 1995 and in schools in 2000.