Corporal Punishment Assignment

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Varsha Patel Student Number: 35167831 SCL1502 Assignment 2 Unique Number: 555063 Due Date: 25 September 2014 Submission Date: 24 September 2014 The Impact of Constitutional Developments on Corporal Punishment in South Africa Introduction The Constitution of the Republic of South Africa, 1996 (hereinafter referred to as the Constitution) declares that it is the highest law in the country and proclaims that any law contrary to its provisions will be invalid. Thus, all legal rules, irrespective of their source, must be assessed against the provisions and principles of the Constitution. After introducing corporal punishment as a concept, the impact of the Constitution on the legality of corporal punishment is discussed by reviewing case law and legislative developments. A description of the common law and international law positions regarding corporal punishment ensues. The essay concludes by indicating possible future legal developments regarding corporal punishment in South Africa. The Concept of Corporal Punishment A simple interpretation of corporal punishment is punishment of the body. Corporal punishment occurs when a human being holding an authoritative position deliberately and punitively causes another human being physical suffering. Faranaaz Veriava in Promoting Effective Enforcement of the Prohibition against Corporal Punishment in South African Schools (chapter 4) referred to a circular developed by the Western Cape Education Department
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