Written by: FORSA
Article source: Supplied
The Constitutional Court this morning handed down a unanimous judgment in the “parental rights” case brought by Freedom of Religion South Africa (FOR SA). In terms of the judgment, the common law defence of reasonable and moderate chastisement was declared unconstitutional. This effectively means that parents who physically correct their children – no matter how light or well-intentioned – will be committing the crime of assault and open themselves up to the full penal machinery of the State.
According to FOR SA attorney Daniela Ellerbeck, FOR SA has not yet had an opportunity to study the full judgment. She comments that “it is disturbing however, that the right of parents to raise their children according to their own convictions and what they believe to be in the best interest of their children, has not been upheld. It sets a very dangerous precedent in that the State can dictate to people of faith how to read and live out the Scriptures, thereby seriously eroding their right to religious freedom.”
She comments further that “the judgment by Chief Justice Mogoeng Mogoeng makes criminals of many people of faith who believe that the Scriptures permit (if not command) them to physically correct their children at times, where necessary, always in love. For many, they will have no choice but to obey God rather than the law. As a result, good parents of faith who only want what is best for their children, will potentially see their families torn apart as is happening in other countries where physical correction has been banned. This will destroy families as the bedrock of our society.”
The case, which was heard in November last year, came before the Constitutional Court as an appeal against an earlier judgment of the Johannesburg High Court, effectively declaring all forms of physical correction of children by their parents illegal. Although FOR SA is 100% against violence, it argued that there is a clear distinction between violence or abuse, and mild (non-injurious) physical correction, as shown by extensive social science research.
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Date published: 18/09/2019
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Another sad moment in history, because this is one more step towards our children not having respect and dissipline, very sad indeed
I raised my children by the Bible instructions They are now both over 40 yrs and have extremely important jobs in the USA .They wrere promated over other employees due to dependabiliry ,honesty and hard work.
George Eder
I do not expect the godless government to respect God’s Word and principles, but I certainly did not expect Chief Justice Mogoeng Mogoeng, who is a born-again Christian, to have passed this judgment. Disgraceful and unacceptable!
Why don’t they rather bring in punishment for people that molest little children that leaves so much more scares and destruction!!
Not just from a religious freedom perspective, this judgement seems vague and in fact harmful to a child. Firstly it is vague in that the physical correction is not defined as a measurable action. Is it defined as the activation of a pain receptor, or a impulse imparted to the skin? This ambiguity has caused a lot of damage in families in other countries where parents have been reported to the police just for holding too tight onto a child. Secondly the court fails to realize that humans do not get borne with a sense of dangers for man made fears, and without a developed vocabulary for communication, that pain stimulus is the only way for a mind to build a negative connection to a certain action. This absence of negative connections would leave children at great risk to get hurt (of course this refers to the responsible correction of a child and not abuse)
It is one thing to pass a law (dumb as this one is) and quite another to enforce it. What do they plan to do? Put surveillance cameras in every room of each home? Maybe the law should rather concentrate their efforts on catching a few more thieves, murderers, rapists, drug and human traffikers….for a start. Especially with rising crime stats in these areas of offense having been just lately released.
Many fathers have chosen NOT to serve God. God’s word says “If you deny him I will also deny us.” (2 Tim 2:12). The children rebel against parents because parents rebel against God. Isaiah 3.12 “As for my people CHILDREN are their oppressors, and women rule over them…” This is of course the reverse of God’s intention:
1 Cor 11.3 “But I would have you know that the head of every man is Christ; and the head of the woman is the man; and the head of Christ is God” Ephesians 6:1 “Children obey your parents in the Lord for this is right..”
God has His order but Satan is trying to change this order! This may endure for a while but God will have His way. Let us submit ourselves to God and resist the devil and he will flee from us.”