, CMY3705 ASSIGNMENT 1 SEMESTER 2 2026
DUE DATE: AUGUST 2026
Harmful Cultural Practices as a Form of Victimisation: Children's Rights in South Africa
1. Introduction
Harmful cultural practices present an important issue in victimology because certain
customs and traditions, although rooted in cultural beliefs, may expose children to abuse,
exploitation and other forms of harm. South Africa recognises the right to participate in
cultural life and respects customary law; however, these rights must be exercised in
accordance with the Constitution and may not infringe upon the rights and freedoms of
children (Constitution of the Republic of South Africa, 1996). Consequently, practices that
compromise a child's dignity, safety or wellbeing are regarded as forms of victimisation
rather than legitimate cultural expression.
Children are especially vulnerable to harmful cultural practices because they often lack the
maturity, authority and legal capacity to provide informed consent or resist coercion.
Victimology therefore seeks to understand the nature and impact of such victimisation
while promoting legal protection, prevention strategies and support services for affected
children (Karmen, 2020). South African legislation, particularly the Children's Act 38 of 2005,
reinforces the constitutional obligation to protect children from maltreatment, neglect,
abuse, degradation and exploitative practices by ensuring that their best interests remain
the primary consideration in all matters affecting them (Children's Act 38 of 2005).
This discussion examines harmful cultural practices as forms of victimisation by considering
the protection of children's rights in South Africa, with particular reference to ukuthwala,
DUE DATE: AUGUST 2026
Harmful Cultural Practices as a Form of Victimisation: Children's Rights in South Africa
1. Introduction
Harmful cultural practices present an important issue in victimology because certain
customs and traditions, although rooted in cultural beliefs, may expose children to abuse,
exploitation and other forms of harm. South Africa recognises the right to participate in
cultural life and respects customary law; however, these rights must be exercised in
accordance with the Constitution and may not infringe upon the rights and freedoms of
children (Constitution of the Republic of South Africa, 1996). Consequently, practices that
compromise a child's dignity, safety or wellbeing are regarded as forms of victimisation
rather than legitimate cultural expression.
Children are especially vulnerable to harmful cultural practices because they often lack the
maturity, authority and legal capacity to provide informed consent or resist coercion.
Victimology therefore seeks to understand the nature and impact of such victimisation
while promoting legal protection, prevention strategies and support services for affected
children (Karmen, 2020). South African legislation, particularly the Children's Act 38 of 2005,
reinforces the constitutional obligation to protect children from maltreatment, neglect,
abuse, degradation and exploitative practices by ensuring that their best interests remain
the primary consideration in all matters affecting them (Children's Act 38 of 2005).
This discussion examines harmful cultural practices as forms of victimisation by considering
the protection of children's rights in South Africa, with particular reference to ukuthwala,
