, CMY3705
ASSIGNMENT 1 SEMESTER 2
2026
DUE 24 AUGUST 2026
Harmful Cultural Practices as a Form of Victimisation: A Victimological Analysis of Children's
Rights in South Africa
1. Introduction
South Africa's constitutional democracy embodies a profound commitment to both cultural
diversity and fundamental human rights. The Constitution recognises cultural rights while
simultaneously establishing the Bill of Rights as the supreme authority, creating an inherent tension
when cultural practices conflict with the protections afforded to vulnerable groups, particularly
children. This victimological discussion examines harmful cultural practices through the lens of
victimisation, focusing on how practices defended as tradition may cause significant harm to
children, violate their constitutional rights, and perpetuate cycles of vulnerability and power
imbalance. The practices of ukuthwala, female genital mutilation/cutting (FGM/C), and the
circumcision of boys under 16 serve as critical case studies illustrating how cultural expression can
become victimisation when it infringes upon dignity, bodily integrity, consent, and the best
interests of the child. This analysis emphasises victim-centred responses that protect children while
recognising the broader social and cultural contexts within which these practices occur.
2. Definition and Explanation of Harmful Cultural Practices
Harmful cultural practices are persistent behaviours rooted in discrimination based on sex, gender,
age, and other factors, often involving multiple intersecting forms of discrimination that cause
physical or psychological harm or suffering (United Nations Office of the High Commissioner for
Human Rights 2011). The Committee on the Elimination of Discrimination against Women and the
Committee on the Rights of the Child define harmful practices as "persistent practices and
behaviours that are grounded on discrimination on the basis of sex, gender, age and other
grounds ... that often involve violence and cause physical and/or psychological harm or suffering"
(Committee on the Elimination of Discrimination against Women and Committee on the Rights of
the Child 2014:6). The harm caused surpasses immediate physical and mental consequences, often
impairing the recognition, enjoyment, and exercise of human rights and fundamental freedoms
(Committee on the Elimination of Discrimination against Women and Committee on the Rights of
the Child 2014).
ASSIGNMENT 1 SEMESTER 2
2026
DUE 24 AUGUST 2026
Harmful Cultural Practices as a Form of Victimisation: A Victimological Analysis of Children's
Rights in South Africa
1. Introduction
South Africa's constitutional democracy embodies a profound commitment to both cultural
diversity and fundamental human rights. The Constitution recognises cultural rights while
simultaneously establishing the Bill of Rights as the supreme authority, creating an inherent tension
when cultural practices conflict with the protections afforded to vulnerable groups, particularly
children. This victimological discussion examines harmful cultural practices through the lens of
victimisation, focusing on how practices defended as tradition may cause significant harm to
children, violate their constitutional rights, and perpetuate cycles of vulnerability and power
imbalance. The practices of ukuthwala, female genital mutilation/cutting (FGM/C), and the
circumcision of boys under 16 serve as critical case studies illustrating how cultural expression can
become victimisation when it infringes upon dignity, bodily integrity, consent, and the best
interests of the child. This analysis emphasises victim-centred responses that protect children while
recognising the broader social and cultural contexts within which these practices occur.
2. Definition and Explanation of Harmful Cultural Practices
Harmful cultural practices are persistent behaviours rooted in discrimination based on sex, gender,
age, and other factors, often involving multiple intersecting forms of discrimination that cause
physical or psychological harm or suffering (United Nations Office of the High Commissioner for
Human Rights 2011). The Committee on the Elimination of Discrimination against Women and the
Committee on the Rights of the Child define harmful practices as "persistent practices and
behaviours that are grounded on discrimination on the basis of sex, gender, age and other
grounds ... that often involve violence and cause physical and/or psychological harm or suffering"
(Committee on the Elimination of Discrimination against Women and Committee on the Rights of
the Child 2014:6). The harm caused surpasses immediate physical and mental consequences, often
impairing the recognition, enjoyment, and exercise of human rights and fundamental freedoms
(Committee on the Elimination of Discrimination against Women and Committee on the Rights of
the Child 2014).
