A LEGISLATIVE LINE BETWEEN PARENTING AND CHILD ABUSE. A CRITICAL SURVEY by Ellen Ndoro

 A LEGISLATIVE LINE BETWEEN PARENTING AND CHILD ABUSE. A CRITICAL SURVEY

Parenting is one of the most important activities that men and women can engage in, but one needs to be fully equipped with knowledge on how he or she can manoeuvre in the journey of parenting. One needs to be aware of the legislative line that can be drawn between parenting and child abuse and the following write up shall be focusing on the legislative line between parenting and child abuse.

To begin with, it is imperative for one to understand the meaning of the words parenting and abuse. Parenting is the process of promoting and supporting the physical, emotional, social and intellectual development of a child. Abuse (Child Abuse) is the physical, sexual maltreatment and neglect of a child especially by a parent or a caregiver. In terms of section 2 of the Children’s Act a child is defined as any person under the age of 16 years and this includes infants. And this write up will focus on the legislative line between parenting and child abuse, looking at different statutes, case law, articles and journals. 

It is important for one to note the difference between discipline and child abuse. Discipline is the practice of training people to obey rules or a code of behaviour, using punishment to correct disobedience and abuse is to treat a child or an adult with cruelty and violence especially regularly. When parents are disciplining their children the goal is to teach their children to abide by the rules that they give to their children, but disciplining turns into abuse when parents lose control whilst disciplining their children and the goal shifts from trying to teach the child to trying to instil pain and fear into the child.

In trying to draw the line between parenting and child abuse especially in Zimbabwe, it is important for one to look at what parenting entails in the African culture that is Ubuntu, this will help one to understand the notion of parenting and discipline especially in the African societies. In the African culture parenting entails grooming a child into becoming an adult who is respectful, helpful and hardworking. Parents in the African culture therefore raise their children in a manner that seeks to create a responsible adult with hunhu. In the process of raising their children to become responsible adults, parents in the African culture use forms of punishment that include spanking children, starving them to mention just but a few. And in the African culture there is no abuse. However the 2013 Constitution brought a new age where abuse has now been introduced to the African societies and this gave birth to the awareness in the African societies that in disciplining children parents may end up abusing their children.

The 2013 Constitution led to the abolition of corporal punishment and this was done as a way of trying to draw a legislative line between parenting and child abuse. This started from the Chokuramba case where the High Court of Zimbabwe abolished corporal punishment of juveniles. This was followed by a judgment by another High Court judgment in the case of Phungwa and Another v Headmistress of Belvedere Primary School and Otherswhich declared that no teacher or parent should make use of corporal punishment on children. Corporal punishment has been outlawed by the provisions of the new constitution, but unfortunately this is not really the case on the ground in some homes and schools corporal punishment is still being used by parents and guardians as a way to instil discipline in their children. For instance in the Walata case, a young mother burned her child’s palms with a burning plastic as a way of punishing the child for stealing at school.

Further, parents and guardians are expected as caregivers to raise children in their custody in a manner that supports a child’s emotional development as they grow into adulthood. If a parent or guardian fails to perform the duty of supporting the child emotionally and it affects the child’s mind negatively and it causes the child unnecessary suffering they would have committed an offence according to section 7 of the Children’s Act. Thus parents and guardians are expected to support their children emotionally and if they do not their behaviour qualifies to be called child abuse and in other words it will be emotional abuse. In Zimbabwe there is quite a number of cases where parents and guardians fail to support their children emotionally but they instead abuse their children emotionally. For instance, in the African culture, parents believe that scolding their children when they do something wrong is a very good and effective way to discipline their children, which is wrong in terms of section 7 of the Children’s Act[1]. This is because the effects of the scolding affects the child negatively in the sense that it lowers a child’s self-esteem thereby causing the child unnecessary suffering.

Additionally, parenting stretches to how teachers and other members of society treat children. Going back to the African culture on how parents, guardians, teachers and members of society practice parenting, one can note that some of the ways that parenting is practised in the African culture has been outlawed by the laws of Zimbabwe. For instance parents and guardians have had the practice of kurukova, where girls were tested if they are still virgins, this practice is now regarded as child sexual abuse.

In the case of Zimbabwe the 2013 Constitution has tried to balance up the concepts of Ubuntu in relation to parenting and also the concepts of children rights. The 2013 Constitution provides that the government and its agencies must promote and preserve cultural values and practices which enhance the dignity of, well-being and equality of Zimbabweans[2]. This provision entails that some ways of parenting which are practised in the African culture are allowed as long as the practice enhances dignity, well-being and equality of the child. On the other hand the Constitution of Zimbabwe has embraced the concept of child abuse and has in section 19 provide that the best interests of the child is paramount in all issues that affect the child and this leaves no room for actions that amount to child abuse.

Additionally, Zimbabwe as a country has taken some more steps into drawing a legislative line between parenting and child abuse by becoming a party to international conventions like the African Charter on the Rights and Welfare of the Child. The African Charter on the Rights and Welfare of the Child takes into account the rights of children as we well as a child’s responsibilities and this acts as a guide to how parents can raise their children in a manner that is not abusive but the child will grow up with Ubuntu / hunhu instilled in them.

 The Convention on the Rights of the Child which Zimbabwe has become part of plays a role in assisting to draw a line between parenting and child abuse. The convention[3] provides that the states that are part of it must ensure that in their countries children are well taken care of and protected by their parents or legal guardians or any person responsible for the children’s welfare. This provision helps parents in demarcating the legislative line between parenting and child abuse. For instance the article 3 (1) provides that the best interests of the child shall be the primary consideration in all matters, this also means that in issues of parenting member states will make it a point that children are properly taken care of and not abused.

Conclusively, there is a clear legislative line between parenting and child abuse and in Zimbabwe this is reflected by the Constitution itself, the Children’s Act, cases that were brought before the High Court where it struck down corporal punishment as well as the international conventions that Zimbabwe has joined. All the statutes and cases draw the line between parenting and child abuse.

 

By Ellen Ndoro

Ellen Ndoro is a second year student at University of Zimbabwe. Her dream is to see the operation of law taking its full course leaving noone behind.  In that regard, she feels that Children should be given their place under the law.

 

 

 

 

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[1]Children’s Act [Chapter 5:06]

[2] Section 16 of the Constitution of Zimbabwe 2013

[3] Convention on the Rights of the Child Article 3 (2)

 

 

 

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[1]Children’s Act [Chapter 5:06]

[2] Section 16 of the Constitution of Zimbabwe 2013

[3] Convention on the Rights of the Child Article 3 (2)