Aligning school discipline with the best interests of the child: Some deficits in the legislative framework
The best-interest-of-the-child concept should guide the legislative framework with regard to the approach followed as well as the disciplinary processes used in schools. Currently schools revert mostly to a retributive and adversarial approach to discipline that is not compatible with the best-inte...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
University of the Free State
2018-06-01
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| Series: | Perspectives in Education |
| Subjects: | |
| Online Access: | http://journals.ufs.ac.za/index.php/pie/article/view/3454 |
| _version_ | 1797265608502411264 |
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| author | J. M. Reyneke J. L. Pretorius |
| author_facet | J. M. Reyneke J. L. Pretorius |
| author_sort | J. M. Reyneke |
| collection | DOAJ |
| description |
The best-interest-of-the-child concept should guide the legislative framework with regard to the approach followed as well as the disciplinary processes used in schools. Currently schools revert mostly to a retributive and adversarial approach to discipline that is not compatible with the best-interests-of-the-child standard. In this article, the provisions of section 8 of the Schools Act are scrutinised and it is concluded that these provisions are supporting an adversarial and punitive approach to school discipline. This is evident from the lack of prescriptions ensuring that sanctions serve the best interest of children, the insufficient provision for support measures and structures for counselling, the undue focus on the best interests of the transgressor and the lack of guidance concerning the appointment of an intermediary. The introduction of restorative discipline as an alternative approach to discipline is recommended. The latter approach is recommended, because it is submitted that amendments to the existing legislative provisions would not address the key objection to the legislative framework namely its retributive and adversarial character.
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| first_indexed | 2024-03-08T04:41:58Z |
| format | Article |
| id | doaj.art-836bd066afd1458d913b6165406b83c0 |
| institution | Directory Open Access Journal |
| issn | 0258-2236 2519-593X |
| language | English |
| last_indexed | 2024-04-25T00:47:30Z |
| publishDate | 2018-06-01 |
| publisher | University of the Free State |
| record_format | Article |
| series | Perspectives in Education |
| spelling | doaj.art-836bd066afd1458d913b6165406b83c02024-03-11T23:06:49ZengUniversity of the Free StatePerspectives in Education0258-22362519-593X2018-06-01351Aligning school discipline with the best interests of the child: Some deficits in the legislative frameworkJ. M. Reyneke0J. L. Pretorius1University of the Free State, South AfricaUniversity of the Free State, South Africa The best-interest-of-the-child concept should guide the legislative framework with regard to the approach followed as well as the disciplinary processes used in schools. Currently schools revert mostly to a retributive and adversarial approach to discipline that is not compatible with the best-interests-of-the-child standard. In this article, the provisions of section 8 of the Schools Act are scrutinised and it is concluded that these provisions are supporting an adversarial and punitive approach to school discipline. This is evident from the lack of prescriptions ensuring that sanctions serve the best interest of children, the insufficient provision for support measures and structures for counselling, the undue focus on the best interests of the transgressor and the lack of guidance concerning the appointment of an intermediary. The introduction of restorative discipline as an alternative approach to discipline is recommended. The latter approach is recommended, because it is submitted that amendments to the existing legislative provisions would not address the key objection to the legislative framework namely its retributive and adversarial character. http://journals.ufs.ac.za/index.php/pie/article/view/3454AdversarialRetributive and punitive disciplineBest interests of the childRestorative disciplineSchool disciplineSupport measures and structures for counselling |
| spellingShingle | J. M. Reyneke J. L. Pretorius Aligning school discipline with the best interests of the child: Some deficits in the legislative framework Perspectives in Education Adversarial Retributive and punitive discipline Best interests of the child Restorative discipline School discipline Support measures and structures for counselling |
| title | Aligning school discipline with the best interests of the child: Some deficits in the legislative framework |
| title_full | Aligning school discipline with the best interests of the child: Some deficits in the legislative framework |
| title_fullStr | Aligning school discipline with the best interests of the child: Some deficits in the legislative framework |
| title_full_unstemmed | Aligning school discipline with the best interests of the child: Some deficits in the legislative framework |
| title_short | Aligning school discipline with the best interests of the child: Some deficits in the legislative framework |
| title_sort | aligning school discipline with the best interests of the child some deficits in the legislative framework |
| topic | Adversarial Retributive and punitive discipline Best interests of the child Restorative discipline School discipline Support measures and structures for counselling |
| url | http://journals.ufs.ac.za/index.php/pie/article/view/3454 |
| work_keys_str_mv | AT jmreyneke aligningschooldisciplinewiththebestinterestsofthechildsomedeficitsinthelegislativeframework AT jlpretorius aligningschooldisciplinewiththebestinterestsofthechildsomedeficitsinthelegislativeframework |