South Africa

([March 2019], Concluding observations on first periodic report, paras. 16, 17 and 26)

“The Committee notes with appreciation the fact that corporal punishment has been legally banned in schools of the State Party since 1996. However, it notes with concern that still corporal punishment is inflicted in schools. The Committee calls upon the South African Government to expedite adoption of the draft Protocol developed to reduce Incidences of Corporal Punishment in Schools and ensure its implementation in order to fully eliminate this practice in schools.

“The Committee also notes with concern that corporal punishment is practiced in home setting in South Africa under the Common Law defense of ‘reasonable chastisement’. In this regard, the Committee reiterates its previous recommendation where it stated that the South African Government to expedite the process of amending the Children's Act to explicitly ban corporal punishment in all settings including in the home. The Committee also calls upon the State Party to promote positive disciplining through awareness creation, training those who are working for and with children such as teachers and care givers. Furthermore, the Committee recommends that the Government puts in place mechanisms to criminalise and hold accountable educators and caregivers who still inflict corporal punishment.”

“The Committee also notes with great concern that violence faced by children in schools still remains rife in South Africa. In this regard, the Committee recommends to the Government of South Africa to: … b) allocate resources and implement a national programme of training on positive disciplining.”