I got the occasional smack as a child and it didn’t do me any harm.

Why? Because there’s a massive difference between a tap on the butt that lets you know that your tantrum will not be tolerated and a full-on beating.

Beating children has and always will be child abuse.

Back in 2017, the High Court found the defence of ‘reasonable chastisement’ to be unconstitutional in a matter where a father was found guilty of assaulting his 13-year-old son.

IOL reports that the matter was then moved over to the Constitutional Court (ConCourt):

The high court found that the defence that allows parents to physically discipline their children violates children’s rights and that the protection of children from all forms of violence is critical in our context of alarmingly high levels of violence against children.

A group called Freedom of Religion SA (For SA) then sought to have the ruling set aside by arguing that there’s a “clear distinction between such chastisement and abuse”, and parents should be allowed to apply “reasonable” and “moderate chastisement” on their children.

Over to TimesLIVE:

The Constitutional Court on Wednesday upheld an earlier ruling by the High Court to do away with the common-law defence of reasonable chastisement when spanking a child.

For SA turned to the highest court in the land to appeal the ruling, arguing that it acted in the public interest on behalf of those who “believe that the scriptures and other holy writings permit, if not command, reasonable and appropriate correction of their children”

Ugh, I was kind of agreeing with them until they brought the ‘holy scriptures’ into it.

Unfortunately, a lot of religious groups use the ‘holy scriptures’ as a basis for discriminating against people. Take this SA jeweller for example, who refuses to make engagement rings for same-sex couples because he believes that they’re living in sin.

In other words, I don’t trust the ‘holy scriptures’ to provide a non-abusive guideline for smacking one’s kids.

Back to the ruling.

Nkosinathi Dladla, legal services director in the social development department, said children should be protected from violence.

“Any act that harms a child’s right to be protected from maltreatment, neglect, abuse or degradation is unlawful and unconstitutional.

Tuesday’s Constitutional Court ruling paves the way for development of law to criminalise spanking.

So that’s that.

Just remember to look your toddler in the eye when you’re trying to reason with them next time that tantrum fires up.

[source:iol&timeslive]