Oh, I don't know - we seem to be taking 1 step forward and then 2 steps back. My main concern is the age that a child is allowed to make adult decisions. Children of 12, 14, 16 and even 18 are still, in my humble opinion - just that - children! How can they be allowed to be making decisions that could alter the course of their lives, when they are still children. I also do not believe that adults can be making these types of decisions for children either - these are decisions that the children themselves will have to live with for the rest of their lives, and should therefore be made by them - when they are old enough to know what the consequences of those decisions are.
I understand that it is part of tradition and religion and all those other good things that people seem to feel the need to encompass into their lives, but hey - surely they can become symbolic rather than a physical occurance until such time as the child reaches adulthood.
Remember, once done, they cannot be undone and the child then lives with the reality of the whole experiance for the rest of their lives!
Regards
Nikki
By Christina Gallagher
After six months of vigorous protest and deep cultural debate, a landmark decision has finally outlawed virginity testing and male circumcision under the age of 16 - paving the way for a controversial national law to go into effect.
Last week the National Council of Provinces (NCOP) gave the nod to the first section of the Children's Bill. It was agreed that virginity testing was permitted for girls - but only those over the age of 16, and only provided they have proper counselling, that the results are not publicised and that the girl's body is not marked.
Male circumcision was also forbidden - unless the boy is 16 years or older and receives counselling, or is for religious or medical purposes. In other words, anyone who performs a virginity test or a circumcision on a child under the age of 16 once the bill is law could face the full might of the justice system.
The relevance of both practices in a modern society has been aggressively debated. Earlier this year, when the Children's Bill was passed by the National Assembly, virginity testing was banned, while male circumcision was not. The decision to ban virginity testing raised concern from the National House of Traditional Leaders, which deemed it a violation of cultural rights.
At the time, spokesperson Sibusiso Nkosi said: "At the end of the day, we want to see a bill that is there to promote our traditions and identity as African people. "After the NCOP amended the National Assembly's decisions, Nkosi said this week: "The fact that virginity testing has not been totally banned is appreciated."But he added: "When it comes to circumcision, religious rights are getting more recognition than cultural rights.
We should be treated equally before the law. "One of the key issues raised against virginity testing was the fact that the results of tests were publicised in communities, making girls feel ostracised if they did not "pass".
This is why the revised version specifies that the results may not be made public. Megan Briede, the national programme manager for Child Welfare South Africa, said girls who go through the test sometimes receive a mark on their foreheads declaring that they are virgins. She said this was information obtained from NCOP public hearings held in October. "(We see this as) advertising a child for rape because sleeping with a virgin is still believed (by some) to cure Aids.
This mark makes the child more vulnerable. "Nkosi said he was not aware of any cultural groups placing marks on foreheads declaring a child a virgin. He referred to a similar practice that is now banned in Swaziland, but said it meant that the girl was abstaining from sex, not that she was necessarily a virgin. He also said the National House of Traditional Leaders agreed with not publicising the results of virginity tests. "We don't expect people to brag about their results - but if a person wants to go public, it's their right."But, he said:
"The age is the problem. Children can buy condoms and contraception at 12 years old but they can only consent to virginity testing at 16. There is no balance. "Under the new bill, a child can consent to medical treatment, including HIV testing and the purchase of contraceptives, at 12 years of age.
Previously, under the Child Care Act, it had been 14. The new amendments are not without some loopholes. Take, for example, the fact that having sex with a child aged 15 or younger is considered statutory rape, but that a 12-year-old is deemed "mature enough" to purchase condoms in order to practise safe sex. Briede said her organisation had requested that the age of consent to medical treatment remain at 14, which is the current age set under the Child Care Act. "It now sends kids a contradictory message," she added.
Another concern is that, at 14 years old, children can now consent to surgical procedures, including abortion, but the new bill allows that a girl can consent to giving up her baby for adoption only at 18, whereas previously, a 16-year-old could make that decision. "Both of these decisions are life-altering. It looks like the bill values one option over another," said Briede.
The Children's Bill modernises the Child Care Act of 1983 and amends a section of the Bill of Rights that refers to children. It is divided into two sections - section 75 and section 76. Section 75 focuses on provisions for children while section 76 will concentrate on Child Welfare services. Section 76 will be presented before parliament next year.
Once both bills are signed by President Thabo Mbeki - as is expected, in the new year - these will be incorporated in a revised Child Care Act.The new featuresOther systems put in place to protect children, and ratified by the Children's Bill, include:
The establishment of a National Child Protection Register, which will allow all employers to check whether their employees are suitable to work with children.
It will bar anyone who has been found guilty of an offence against children to work in an environment that involves children.
The establishment of a Register of Adoptable Children and Prospective Adoptive Parents, which is a first for SA and will aid social workers in matching children and adoptive parents, bringing permanency in children's lives.
Improving the care of children living within child-headed households by allowing children to remain with their siblings under the care of an adult designated by the court. This means that the bill seeks to protect these vulnerable children from being burdened with adult responsibilities.
The Children's Bill does not make special reference to the sex of the child who is a victim of a sexual offence. This issue will be addressed in the Sexual Offences Bill, which is set to be a major issue for various child welfare organisations to tackle next year. The amendments to the Sexual Offences Bill were drafted in 1996, but thy have slipped off parliament's agenda without explanation.
This article was originally published on page 1 of The Star on December 24, 2005
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