Media reports: 2007 to now

"This home-invasion bill has been stopped cold by parents and grandparents who know that to love children is to discipline them and show them the way to live. Because so many people have spoken out, the Democrats in Sacramento realize that their liberal agenda is offending a whole lot of people." ₂

"No child may be subjected to corporal punishment or be punished in a cruel, inhuman or degrading way. ... Prosecution of a parent or person holding parental responsibilities and rights ... may be instituted if the punishment constitutes abuse of the child." ₃

The Independent Online news source stated:

"Carol Bower, former head of Resources Aimed at the Prevention of Child Abuse and Neglect and now a consultant on children's issues, said the bill curbs a culture of violence in South Africa by protecting the rights of children."

"Under the Children's Bill, parents who are reported for administering 'inappropriate forms of punishment' to a child will be referred to an early intervention programme, which focuses on parental skills and diverting children from the criminal justice system and children's institutions."

" 'We are not saying you mustn't be firm, but we must set boundaries and consequences that a child will see. We should be teaching children to make sensible decisions and to do what hurts people the least. When we hit a child, we are teaching them to solve problems with violence,' she said." ₄

"We do not have the option... this is a command of God. ... Our objection is limited to section 139 of the bill, the amendments dealing with corporal punishment in the home. ... It's very clear it's a rod we're talking about. It's not talking to somebody; it's not trying to teach him because he doesn't know enough or anything like that. It is trying to teach him something through the rod. ... We believe in the supremacy of the scripture of the Bible in all matters referring to life and to moral issues... The Bible is obviously not a text book on science or anything, but as far as we are concerned we believe it is the ultimate word. ... If this bill passes ... it places the Christians who share our ethos directly in contravention of the law. It would actually make criminals of us for daring to discipline our children in accordance with what we understand biblical norms to be. It will ... leave Christians with an absolute and strenuous choice between obeying the law of the land and following their conscience. We talk about alternatives, but I submit there are no alternatives. Ultimately, if there is a rebellious attitude and defiant attitude in the child, then the Bible ... states that you are to use the rod. ... If we are put in a position where we have to choose, we have to reply ... that we will obey God rather than man. [The bill is] ... a direct attack on the freedom of religion. ...It is the first time that it is being said there is something you believe in, that you may not do. ... That is an affront to the citizens of this country. We have a constitutional right, and I think it is a very sad day that I have to sit here and come and argue our constitutional rights." ₅

The implication appears to be that the denominations represented by George Raath believe that children do not have a constitutional right to be free of aggravated physical abuse involving being beaten with a rod.
 

Article 32a. The right to good treatment All children and young people have a right to be treated well. This right includes a non-violent education and upbringing, based on love, affection, mutual understanding and respect, and solidarity.

Parents, representatives, guardians, relatives, and teachers should use non-violent methods of education and discipline to raise and educate their children. Consequently, all forms of physical and humiliating punishment are prohibited. The State, with the active participation of society, must ensure policies, programs and protection measures are in place to abolish all forms of physical and humiliating punishment of children and young people.

Corporal punishment is defined as the use of force, in raising or educating children, with the intention of causing any degree of physical pain or discomfort to correct, control or change the behavior of children and young people.

Humiliating punishment can be understood as any form of offensive, denigrating, devaluing, stigmatizing or mocking, treatment, carried out to raise or educate children and young people, with the aim of disciplining, controlling or changing their behavior.

Article 56. The right to be respected by teachers. All children and young people have the right to be respected by their teachers, and receive an education based on love, affection, mutual understanding, national identity, mutual respect for ideas and beliefs, and solidarity. Consequently, all forms of physical and humiliating punishment are prohibited.

Article 358. Content of the responsibility for raising children. The responsibility for raising children includes the shared duty and right, which is equal and non-derogable, ₇ of the father and mother to love, raise, train, educate, and look after their children, sustain and assist them financially, morally and emotionally, using appropriate corrective measures that do not violate their dignity, rights, guarantees or overall development. Consequently, all forms of physical punishment, psychological violence and humiliating treatment, which harm children and young people, are prohibited.

Stated purpose: A new human right ? the right to be treated well - has been introduced to reinforce children and young people's status as rights-holders, and to ensure the full recognition of their dignity and personal integrity. This right includes a non-violent upbringing and education, based on love, affection, mutual understanding and respect, and solidarity. In addition to an express ban on all forms of physical and humiliating punishment, fathers, mothers, representatives, guardians, relatives and teachers have an obligation to use non-violent methods to raise, train, educate and discipline children and young people, to ensure the implementation of this right. This new regulation is a step towards achieving abolition of all forms of abuse of children and young people, and building the legal foundations for a new and peaceful society.

"This complaint arises not from specific acts of discrimination but rather from the ongoing practice of paddling in public schools throughout the state of [state's name]."

"Paddling is a form of punishment that involves striking a student on the buttocks with a wooden paddle in order to inflict pain. The paddle may have holes drilled through it to reduce wind resistance and thereby maximize the velocity with which it can be swung. Generally, the student being paddled is required to bend forward at the waist to receive the blows, often with their pelvis braced against a desk."

"School paddling is inconsistent with Title IX because it inherently impacts boys and girls unequally. Unlike boys, girls who have entered puberty would have to reveal intimate personal information in order to avoid the chance of this punishment being unfairly compounded by menstrual discomfort, or of being a risk factor where there is the possibility of pregnancy or other female-specific vulnerabilities. Either the school callously and/or recklessly does not address such concerns when paddling girls (concerns which many students may be too embarrassed or intimidated to volunteer), or it intrusively does inquire about them." ₈

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