SOUTH AFRICA’s POST-1994 TRANSFORMATIVE CONSTITUTION AND ITS HUMAN RIGHTS NARRATIVE: A VIEW ON PERFECTING TRADITIONAL MALE CIRCUMCISION

Rapatsa, Mashele

doi:10.12803/sjseco.48145

SJSECO

2015

DOI: 10.12803/sjseco.48145

|View full text |Cite

SOUTH AFRICA’s POST-1994 TRANSFORMATIVE CONSTITUTION AND ITS HUMAN RIGHTS NARRATIVE: A VIEW ON PERFECTING TRADITIONAL MALE CIRCUMCISION

Mashele Rapatsa¹

Abstract: This article analyses the significance of South Africa's human rights narrative towards bettering the practice of Traditional Male Circumcision (TMC

Help me understand this report

Search citation statements

Order By: Relevance

Paper Sections

Select...

Citation Types

Supporting

Mentioning

Contrasting

Year Published

2022

Publication Types

Select...

Article1

Relationship

Self Cite0

Independent1

Authors

Journals

Cited by 1 publication

References 19 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

A constitutional disposition of cultural male circumcision as a heritage right

Wang¹

2022

Pravo - teorija i praksa

View full text Add to dashboard Cite

South Africa's constitutional framework entrenches a variety of legislative imperatives that protects culture as a right. Sections 30 and 31 of the Constitution, 1996 were specifically enshrined to resonate with the spirit and purport of the need to protect cultural rights. Some statutory enactments such as Children's Act 38 of 2005 and Limpopo Initiation Schools Act 6 of 2016 are also highly respectful of cultural rights thereby enabling cultural families and communities to subject their children to practice any such cultural activities of their choice, but to the extent that it is practicable. It is argued that while South Africa's post-1994 constitutional apparatus are fundamentally rights based orientated and thus require the state and every legal and juristic persons to be bearers of such a responsibility of protecting human rights, the state is correspondingly obligated to protect cultural rights as a constitutional entitlement in order for citizens to enjoy heritage as a right, either as a group or individuals with cultural orientation. Constitutionally speaking, the state is prohibited from engaging in acts that unjustly interferes with free enjoyment of heritage as a right. The article adopted a traditional legal doctrinal methodological approach, which is best suited for interpreting legislative instruments to capture a variety of plausible meanings and implications to a real life legal situation.

show abstract

A constitutional disposition of cultural male circumcision as a heritage right

Wang¹

2022

Pravo - teorija i praksa

View full text Add to dashboard Cite

show abstract

scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.

Contact Info

customersupport@researchsolutions.com

10624 S. Eastern Ave., Ste. A-614

Henderson, NV 89052, USA

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Blog Terms and Conditions API Terms Privacy Policy Contact Cookie Preferences Do Not Sell or Share My Personal Information

Made with 💙 for researchers

Part of the Research Solutions Family.

SOUTH AFRICA’s POST-1994 TRANSFORMATIVE CONSTITUTION AND ITS HUMAN RIGHTS NARRATIVE: A VIEW ON PERFECTING TRADITIONAL MALE CIRCUMCISION

Abstract: This article analyses the significance of South Africa's human rights narrative towards bettering the practice of Traditional Male Circumcision (TMC

Cited by 1 publication

References 19 publications

A constitutional disposition of cultural male circumcision as a heritage right

A constitutional disposition of cultural male circumcision as a heritage right

Contact Info

Product

Resources

About