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1. Harmful cultural practices are a significant concern in victimology when practices defended
as tradition cause harm to children. In South Africa, respect for culture and customary law must
be considered alongside constitutional and statutory protections that safeguard children from
maltreatment, abuse, degradation, exploitation and practices that are detrimental to their
wellbeing. A victimological discussion must therefore focus on harm, vulnerability, power
imbalance, consent, reporting difficulties, and the role of victim-centred support and prevention.
Essay 1
Harmful Cultural Practices as Victimisation: A Victimological Analysis of Children's Rights
Violations in South Africa
1. Introduction
South Africa's constitutional democracy, now over three decades old, has established a
comprehensive legal framework for the protection of children's rights. Section 28 of the Constitution
enshrines the principle that the best interests of the child are of paramount importance in all matters
concerning children, and guarantees children the right to be protected from maltreatment, abuse,
neglect and degradation.¹ Despite these protections, harmful cultural practices continue to cause
significant victimisation of children across the country. The Commission for Gender Equality has
documented that children remain exposed to harmful cultural practices including ukuthwala and
illegal initiation and circumcision schools, demonstrating a persistent gap between constitutional
promise and lived reality.²
This assessment examines harmful cultural practices as a form of victimisation, with specific
reference to children's rights in South Africa. The discussion analyses how cultural practices become
harmful, how victims are affected, and how victim-centred responses can protect vulnerable children
while recognising the broader social and cultural context in which these practices occur. The focus
remains on victimisation, harm, vulnerability, power imbalances, consent, reporting difficulties, and
the role of victim-centred support and prevention mechanisms.
2. Definition and Conceptualisation of Harmful Cultural Practices
Harmful cultural practices are traditions, customs or rituals that, while defended as expressions of
cultural identity, cause significant harm to individuals' physical, psychological or emotional
wellbeing.³ In the context of victimology, these practices become a concern when they violate
fundamental human rights, including the rights to dignity, bodily integrity, equality and freedom
from violence.⁴ The United Nations Committee on the Elimination of Discrimination against Women
defines harmful practices as "persistent practices and behaviours that are grounded in discrimination
on the basis of sex, gender and age, and that are often justified in the name of tradition, culture,
religion or superstition."⁵
¹ Constitution of the Republic of South Africa, 1996, s 28.
² Commission for Gender Equality, 'Report on Harmful Cultural Practices in South Africa' (2020) 15.
³ United Nations Human Rights Council, 'Report of the Office of the United Nations High Commissioner for Human Rights on Harmful
Practices' (2014) A/HRC/27/23, 4.
⁴ L Artz and D Smythe, 'Should We Mind the Gap? Understanding the Interface Between Culture, Law and Victimisation' (2018) 25 Acta
Criminologica: Southern African Journal of Criminology 12.
⁵ United Nations Committee on the Elimination of Discrimination Against Women, 'General Recommendation No 31 on Harmful Practices'
(2014) CEDAW/C/GC/31, 5.
1. Harmful cultural practices are a significant concern in victimology when practices defended
as tradition cause harm to children. In South Africa, respect for culture and customary law must
be considered alongside constitutional and statutory protections that safeguard children from
maltreatment, abuse, degradation, exploitation and practices that are detrimental to their
wellbeing. A victimological discussion must therefore focus on harm, vulnerability, power
imbalance, consent, reporting difficulties, and the role of victim-centred support and prevention.
Essay 1
Harmful Cultural Practices as Victimisation: A Victimological Analysis of Children's Rights
Violations in South Africa
1. Introduction
South Africa's constitutional democracy, now over three decades old, has established a
comprehensive legal framework for the protection of children's rights. Section 28 of the Constitution
enshrines the principle that the best interests of the child are of paramount importance in all matters
concerning children, and guarantees children the right to be protected from maltreatment, abuse,
neglect and degradation.¹ Despite these protections, harmful cultural practices continue to cause
significant victimisation of children across the country. The Commission for Gender Equality has
documented that children remain exposed to harmful cultural practices including ukuthwala and
illegal initiation and circumcision schools, demonstrating a persistent gap between constitutional
promise and lived reality.²
This assessment examines harmful cultural practices as a form of victimisation, with specific
reference to children's rights in South Africa. The discussion analyses how cultural practices become
harmful, how victims are affected, and how victim-centred responses can protect vulnerable children
while recognising the broader social and cultural context in which these practices occur. The focus
remains on victimisation, harm, vulnerability, power imbalances, consent, reporting difficulties, and
the role of victim-centred support and prevention mechanisms.
2. Definition and Conceptualisation of Harmful Cultural Practices
Harmful cultural practices are traditions, customs or rituals that, while defended as expressions of
cultural identity, cause significant harm to individuals' physical, psychological or emotional
wellbeing.³ In the context of victimology, these practices become a concern when they violate
fundamental human rights, including the rights to dignity, bodily integrity, equality and freedom
from violence.⁴ The United Nations Committee on the Elimination of Discrimination against Women
defines harmful practices as "persistent practices and behaviours that are grounded in discrimination
on the basis of sex, gender and age, and that are often justified in the name of tradition, culture,
religion or superstition."⁵
¹ Constitution of the Republic of South Africa, 1996, s 28.
² Commission for Gender Equality, 'Report on Harmful Cultural Practices in South Africa' (2020) 15.
³ United Nations Human Rights Council, 'Report of the Office of the United Nations High Commissioner for Human Rights on Harmful
Practices' (2014) A/HRC/27/23, 4.
⁴ L Artz and D Smythe, 'Should We Mind the Gap? Understanding the Interface Between Culture, Law and Victimisation' (2018) 25 Acta
Criminologica: Southern African Journal of Criminology 12.
⁵ United Nations Committee on the Elimination of Discrimination Against Women, 'General Recommendation No 31 on Harmful Practices'
(2014) CEDAW/C/GC/31, 5.
