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JHE 69 1 3 065 20 3203 Chitsamatanga B B TX

The document discusses school related gender based violence (SRGBV) in South African schools. It defines SRGBV and outlines children's right to education. It also discusses South Africa's legal obligations under international, regional, and domestic law to protect children from SRGBV. The paper examines manifestations of SRGBV in schools and its consequences on victims.

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0% found this document useful (0 votes)
116 views16 pages

JHE 69 1 3 065 20 3203 Chitsamatanga B B TX

The document discusses school related gender based violence (SRGBV) in South African schools. It defines SRGBV and outlines children's right to education. It also discusses South Africa's legal obligations under international, regional, and domestic law to protect children from SRGBV. The paper examines manifestations of SRGBV in schools and its consequences on victims.

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Jojames Gaddi
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© © All Rights Reserved
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© JHE 2020 J Hum Ecol, 69(1-3): 65-80 (2020)

PRINT: ISSN 0970-9274 ONLINE: ISSN 2456-6608 DOI: 10.31901/24566608.2020/69.1-3.3203

School Related Gender Based Violence as a Violation of


Children’s Rights to Education in South Africa:
Manifestations, Consequences and Possible Solutions
B.B. Chitsamatanga1 and NS. Rembe2

Oliver Tambo Chair of Human Rights Centre, University of Fort Hare, South Africa
E-mail: 1<[email protected]>; 2<[email protected]>;
2
<[email protected]>
KEYWORDS School Related Gender Based Violence. Children’s Rights. Learners. Schools. Violation. Human Dignity

ABSTRACT This paper highlights how School Related Gender Based Violence (SRGBV) which breeds violation of
children’s rights to education and human dignity is prevalent in South African schools despite sturdy domestic legal
frameworks that flow from international and human rights treaties. The paper also sheds light on the most
predominant manifestations of SRGBV namely bullying, corporal punishment and sexual abuse and how impunity
and pervasiveness exposes learners to be victims of SRGBV in the hands of their peers; teachers; principals and
school personnel. The overall findings of the paper indicate that both girls and boys are victims of SRGBV and this
results in adverse consequences such as: violation of their freedom, security, privacy and integrity, health, death
ideation, and high exposure to HIV/AIDS – these compromise schooling and far-reaching physical and social
development of the victims. The paper recommends that the solutions and future needs for South African schools
to curb SRGBV are: learners should be engaged as collaborators in inclusive and customised SRGBV activities that
meet the unique needs and ethos of schools. This will promote human dignity and children’s right to education in
safe learning and nurturing environment. Adequate human and financial resources should be injected towards redress
of SRGBV to assist learners suffering from physical and psychological aftermaths. Teacher training should be
inclusive of techniques for curbing SRGBV and should equip teachers on how to address learner misconduct using
non-aggressive practices. Anonymous disclosure by victims and swift response by the state on perpetrators should
be promoted to abate the culture of silence on victims of SRGBV. Lastly, programmes that have been implemented
to guide and redress SRGBV in line with the South African constitution and legislation should be monitored and
evaluated to gauge if they have achieved the initial stated goals and objectives.

INTRODUCTION of young people, especially girls. Despite the rat-


ification of the United Nations Convention on
School-related gender-based violence (SRG- the Rights of the Child by virtually every state
BV) affects millions of children and adolescents with the exception of the US, all indications are
worldwide. It knows no geographical, cultural, that SRGBV against children is on the rise (UNICEF
social, economic or ethnic boundaries (UNESCO 2012; Brehim and Boyle 2018).
2016; Duru and Balkis 2018; Parkers 2016; De
Lange and Mitchell 2014). It is one of the worst Conceptual Framework
manifestations of gender discrimination and vio-
lates a wide range of children’s rights (Children’s It is embarrassing for a country to fail to meet
Rights International Network 2017). Widespread its targets in providing education for all of its chil-
SRGBV in and around schools seriously under- dren due to SRGBV, but more so of violating a legal
mines the achievement of quality, inclusive and obligation set out in international human rights
equitable education for all children and hampers law such as the right to education especially if the
the empowerment and transformation of the lives country is a signatory). For the purposes of this
review, it is important that we define what is meant
Address for correspondence:
Bellita Banda Chitsamatanga by SRGBV and the right to education.
0027 73 105 4838
Faculty of Law, Definition of SRGBV
University of Fort Hare
South Africa
Telephone: 0027 73 105 4838, SRGBV is defined as acts or threats of sexual,
E-mail: [email protected] physical or psychological violence occurring in
66 B.B. CHITSAMATANGA AND NS. REMBE

and around schools, perpetrated as a result of that must be adhered to by all states, including
gender norms and stereotypes, and enforced by South Africa. South Africa has ratified a number
unequal power dynamics (UNESCO/UNGEI of international, regional and national human
2015:1; Orton 2018). SRGBV includes individual rights treaties that necessitate it to prevent and
action as well as society’s harmful traditional respond to SRGBV to learners; creating a safe
practices or gendered expectations that nega- learning environment in their quest to exercise
tively impact on children’s rights to education their right to education namely: The International
(Greene et al. 2013; Mncube and Harber 2013). It Covenant on Civil and Political Rights (IC-
can take place between students; teachers and CPR)(1966); The Convention Against Torture
students; teachers; between family or communi- (CAT)(1984); The Convention on the Rights of
ty members and students and can involve corpo- the Child (CRC)(1989); Convention of the Elimi-
ral punishment, bullying, threats and ethnic ha- nation of All Forms of Discrimination against
rassment (Duru and Balkis 2018). The definition Women (CEDAW)(1979); The Dakar Framework
by Kibriya et al. (2016:23), mirrors the position for Action Education for All (EFA) (2000) (Seedat
adopted in this paper. The latter uses SRGBV to et al. 2017). Under these international conven-
refer to violence or abuse that is based on gen- tions, South Africa has a duty to protect learners
dered stereotypes or one that targets students in from torture and cruel, inhuman, and degrading
and around schools on the basis of their sex, sex- treatment and from violations of their right to dig-
uality, or gender identities. nity and security of the person.
Right to Education Regional Law
The researchers shall use the definitions pro-
vided for by Universal Declaration of Human There are three regional instruments which
Rights of 1948 in Paper 26 and supported by (de oblige South Africa to protect children these are:
Souza 2016) which provides that: The African Charter on Human and Peoples’
Š Everyone has the right to education. Educa- Rights (ACHPR also known as the Banjul Char-
tion shall be free, at least in the elementary ter)(1981); the African Charter on the Rights and
and fundamental stages, Elementary educa- Welfare of the Child (ACRWC)(1990), and the Pro-
tion shall be compulsory. Technical and pro- tocol to the African Charter on Human and Peo-
fessional education shall be made generally ples’ Rights on the Rights of Women in Africa
available and higher education shall be (Maputo Protocol)(2003). Like international law,
equally available on the basis of merit. the regional conventions ensure that state par-
Š Education shall be directed to the full devel- ties offer protection to children, and the girl child
opment of the human personality and to the in particular of their rights to health and educa-
strengthening of respect for human rights tion; from all forms of sexual exploitation and also
and fundamental freedoms. It shall promote provide for sanctions against violations of such
understanding, tolerance and friendship rights.
among all nations, racial and religious
groups, and shall further the activities of South African Law
the United Nations for the maintenance of
peace.
Š Parents have a prior right to choose the kind South Africa also has a sturdy domestic legal
of education that shall be given to their chil- framework that establishes the responsibility of
dren (De Souza 2016). the State to protect learners from SRGBV such
as: The Constitution of the Republic of South
Legal Obligations Aligned with SRGBV Africa of 1996(a); Criminal Law (Sexual Offences
and Related Matters) Amendment Act, No 32 of
International Law 2007; South African Schools Act, No 84 of 1996(c);
Employment of Educators Act, No 76 of 1998;
Globally, international and human rights trea- South African Council for Educators Act, 31 of
ties articulate legally binding norms and standards 2000; Children Amendment Act, 41 of 2000; and

J Hum Ecol, 69(1-3): 65-80 (2020)


SCHOOL RELATED GENDER BASED VIOLENCE 67

Protection from Harassment Act, No 17 of 2011. violence in one form or another (Burton 2008).
For instance, the latter’s key principles are pre- Burton (2008) further adds that the National
mised on: School Violence Study in South Africa conduct-
The right to equality, privacy, dignity, free- ed a survey in 2012 and found out that on the
dom and security of the person, the right to be whole, one in five learners (22.2%) had succumbed
free from all forms of violence from either public to some form of violence while at school in the 12
or private sources and the rights of children to months between August 2011 and August 2012.
have their best interests considered to be of par- This translated to 1 020 597 secondary school
amount importance; as well as afford victims of learners. The above findings not only indicate
harassment an effective remedy against such the pervasiveness at which learners are victims
behaviour. of SRGBV but also highlights the failure of au-
All these cement South Africa’s obligation to thorities to respond and identify strategies on
take affirmative and meaningful action to prevent how to respond to this phenomenon. This is par-
and respond; punish and redress acts of SRGBV. ticularly critical since teachers; principals; school
personnel and learners continue to be implicated
Global Statistics of SRGBV as perpetrators.
In addition, the statistics point to how SRG-
According to Alexander (2011), SRGBV is a BV against learners is also viewed as a disquiet-
fundamental violation of human rights, particular- ing reality that inhibits a learner’s personal inde-
ly the rights of women and children, and repre- pendence and right to education (Greene et al.
sents a considerable barrier to participation in ed- 2013; Magwa 2015). Teachers and school princi-
ucation, gender equity, and achievement of Edu- pals are reported in many studies as perpetrators
cation for All (EFA). Heslop et al. (2017) also ad- and key actors in transforming a school culture
vance that SRGBV breaches the attainment three that appears to legitimise; perpetuate violence
(3) Sustainable Development Goals (SDGs) name- and promote unquestioned routine practices that
ly: Goal 4 Education, Goal 5 Gender and Goal16 lead to SRGBV (de Lange et al. 2012; Chikwiri and
Peace. These goals underscore the importance of Lemmer 2014; Altinyelken and Le Mat 2017).
redressing of violence against children; securing Though the existing literature shows that there
schools as safe and gender-sensitive places and are a myriad of factors that fuel SRGBV- both so-
acute monitoring of SRGBV. cial and political - the absence of meaningful con-
Worldwide, between 500 million and 1.5 bil- sequences for the perpetrators lends legality to
lion children experience violence, mostly within their behaviour, arguably giving a license to this
schools (Greene et al. 2013; Hayes and O Neale crime to continue unabated (Human Rights Watch
2018). An estimated 150 million girls and 73 million 2001). Scholars such as Greene et al. (2013), Duru
boys (Rudd 2013) have experienced sexual vio- and Balkis (2018) advance that toilets, classrooms
lence and nearly half of all sexual assaults are com- and corridors, and in some contexts, staff accom-
mitted against girls younger than 16 years of age modation, classroom or school grounds have
(Greene et al. 2013). A study of SRGBV in four been identified as hot spots for SRGBV. There-
counties of Liberia revealed that 30 percent of girls fore, these gaps may explain why SRGBV, which
and 22 percent of boys reported that they had been manifests in different forms, continues with im-
forced to have sex. In addition, although the study punity and high prevalence in South African
shows that abuse by peers was most common, schools due lack of accountability (Mcube and
almost one in ûve children spoke of abuse by teach- Harber 2013). Hence, this paper will also examine
ers and other school staff (Postmus et al. 2015; some forms of SRGBV on learners as a violation
Parkers 2016). In Uganda, by 2013, 77 percent of of their right to education.
primary school children and 82 percent of second-
ary school children had experienced unwanted Forms of SRGBV
SRGBV (Magwa 2015). Whereas, in Zimbabwe,
more than 100 girls are victims of SRGBV on a daily Both girls and boys can be victims or perpe-
basis (Nyamanhidi 2015). trators of SRGBV but the extent and form differs.
In South Africa, SRGBV is also very high. For Similarly, boys who are victimised experience the
instance about 1.8 million of all pupils between same range of psychological and physical con-
Grade 3 and Grade 12 (15.3%) had experienced sequences as girls. However, it should be noted

J Hum Ecol, 69(1-3): 65-80 (2020)


68 B.B. CHITSAMATANGA AND NS. REMBE

that these similarities or dissimilarities are not al- rumours, persistent teasing, exclusion from a
ways precise – the prevalence fluctuates im- group, tormenting, ridicule, humiliation and abu-
mensely between and within countries but unfor- sive comments have all been identified as forms
tunately, these remain hidden. Girls also commit of bullying which unfold in and out of a school
violent acts and boys also experience SRGBV at setting (Govender 2007; Laas and Boezaart 2014;
school (UNESCO 2016). Lesbian, gay, bisexual Salmon et al. 2018). Bullying is defined by
and transgender learners (Roper 2013) are also (O’Connell et al. 1999:438) “as negative actions
prone to forms of SRGBV and are violated through which may be physical or verbal, have hostile
what is termed corrective sex and bullying due to intent, are repeated over time and involve a pow-
failure to fit into traditional gender norms because er differential”. Bullying happens at all schools
of their sexual uniqueness (UNESCO 2012a). This irrespective of social class, economic level of com-
is an indication that different forms of SRGBV in munity members of a school or size of the school
schools overlap and reinforce each other. SRGBV (Tattum 1993:4; Baruth and Mokoena 2017).
violets children rights to education and limit their Salmon et al. (2018) did a study on “Bullying
ability to enjoy the benefits of education and par- victimisation experiences among middle and high
ticipate fully in their individual and their soci- school adolescents” which highlights traditional
ety’s development (UNESCO 2016). Moreover, bullying, discriminatory harassment and cyber-
they violate the rights of children to freedom and victimisation. Participants were 64 174 middle and
security, privacy and integrity, and health and in high school students throughout Manitoba, Can-
some cases, even the right to life (Magwa 2015). ada (Salmon et al. 2018). The study comprised of
In this paper three forms of SRGBV will be 57.8 percent learners from urban areas and 42.2
addressed because they are interconnected in percent from rural settings. The results of the
promoting SRGBV and are the most prevalent in study highlighted that bullying was prevalent
schools. These are: among middle and high school adolescents. A
Š To find out what is bullying and what are its total of 58.3 percent boys and 67.8 percent girls
effects; confirmed that they has been bullied at least once
Š To identify forms of corporal punishment in in the past year (Salmon et al. 2018). In a similar
school and its consequences and; vein, the Italian National Institute of Statistics
Š To define what is sexual abuse and its mani- (ISTAT) highlighted that a little more than 50 per-
festations in schools. cent of 11–17 year-old Italians had been bullied
by their peers. The results further showed that
METHODOLOGY 19.8 percent were bullied more than once a month
(ISTAT 2014; Longobardi et al. 2018).
This paper was as desktop review and extant In South Africa bullying is not a new phe-
literature on the phenomenon under study rang- nomenon and is a cause for great concern be-
ing from global, regional and nation context was cause it has claimed the lives of learners and in
used. some cases, educators. Writing about the South
African context (Townsend et al. 2008:21) define
OBSERVATIONS AND DISCUSSION ‘bullying’ as “largely unprovoked, negative phys-
ical or psychological actions perpetrated repeat-
Bullying edly over time between bullies and victims”. In
their study on “Legislative framework regarding
Violence in schools originates from different bullying in South African schools”, Laas and
sources, take on many forms and involves differ- Boezaart (2014) found out that in 2008 over a mil-
ent actors. Bullying is one form of SRGBV and lion South African learners were subjected to some
takes place between learners or teachers. Learn- form of violence at school. Moreover, bullying
ers may also bully teachers; teachers may be bul- has been acknowledged as one of the forms of
lied parents; principals may bully teachers or be SRGBV which continues to escalate, an indica-
bullied by them (Mncube and Harber 2013; Baruth tion that these statistics have not declined in the
and Mokoena 2017). For instance, physical vio- past few years. However, an earlier study by (Gov-
lence, threats, name-calling, sarcasm, spreading ender 2007), conducted through survey using

J Hum Ecol, 69(1-3): 65-80 (2020)


SCHOOL RELATED GENDER BASED VIOLENCE 69

mixed methodology with 251 grade 8 and 9 learn- violence in South Africa are a way of life”. Unfor-
ers in Kwazulu Natal came up with different re- tunately, 10 years later the same problem still sub-
sults. Though the learners in this study under- sists. Undeniably so, this shows that there is a
scored that bullying was problematic, the leader- need to re-examine the existing legal frameworks
ship of the school was accused of taking bully- such as Protection from Harassment Act, 71 of
ing as an extemporised issue - yet there was evi- 2011, the Children’s Act, 38 of 2005; and the South
dence that the learners were disregarding the African Schools Act, 84 of 1996 (Laas and Boezaart
school rules through bullying - leaving a huge 2014). These legislations provide for the right to
dent on the school moral beliefs. education, safe learning environment and pro-
The University of South Africa also did a tection from harm for all children. However, bul-
study in 2012 on bullying and used a sample size lying being a form of SRGBV, its root causes are
of 3 371 learners. The results of the study showed different from many other forms of violence which
that a total 1 158 (34.4%) had been victims of inûuence the nature and extent of students’ in-
bullying: 55.3 percent of the learners were emo- volvement in bullying activities such as: gender,
tionally bullied; 38.4 percent were physically vic- disability, obesity, age, location (urban or rural
timised; 16.9 percent were tormented through schools), social status, peer relations (Lee et al.
cyberbullying and 2.8 percent were victims of 2018; Laas and Boezaart 2014; Longobardi et al.
verbal bullying (Laas and Boezaart 2014). In ad- 2018; Salmon et al. 2018). Hence, a different ap-
dition, the findings of the study showed that more proach in curbing its prevalence is required be-
than 30 percent of the bullying incidents occurred cause apart from being complex and heteroge-
during teaching and learning time an indication neous phenomenon, it has serious, instant and
of lack of classroom techniques to maintain disci- lasting consequences.
pline among learners. According to Mncube and
Harber (2013) bullying in South African schools Corporal Punishment
has also received a lot of media attention with
daily reports appearing in the print and electronic According to UNICEF (2014: 110) slightly
media covering high levels of violence; physical more than 2 billion children are without full legal
and sexual abuse; and gang-related activities protection and globally, only 8 percent of chil-
(Mncube and Madikizela-Madiya 2014). For in- dren live in countries were corporal punishment
stance, in the Eastern Cape a report in the Daily is totally barred in all settings (Nkuba et al. 2018).
Dispatch by Linden (2018a) captured a story on Though a majority of states have outlawed cor-
how the Eastern Cape education department was poral punishment in schools, the extant literature
investigating cases of school violence after a cell- indicates that it does subsists and remains uni-
phone footage went viral on social media of girls versally used or legal in many schools (Covell
fighting at two East London schools. While edu- and Becker 2011; Gershoff 2017; Kaltenbach et al.
cation bosses believed the two cases were relat- 2018). According to Sithole (1994: 8) and Watkin-
ed to bullying while parents were shocked about son and Rock (2014) corporal punishment is the
the levels of violence portrayed in the videos. A use of the cane or beating to instil discipline or as
report by Chetty (2017) on Herald Live highlights a corrective measure. The scholar condescend-
how a Sanctor High School learner was pulled ingly refers to it as “getting even with a pupil”.
out of school in September last year after being The UN Committee on the Rights of the Child
badly affected by the verbal and physical abuse (2006: 4) describes corporal punishment as:
to an extent that she started to mutilate herself ‘any punishment in which physical force is
and eventually attempted suicide. It is these kinds used and intended to cause some degree of pain
of reports that indicate how bullying has blended or discomfort, however light. Mostly, it involves
within the school system and in the process, vio- hitting children (‘smacking’, ‘slapping’, ‘spank-
lates the right of learners not only to education ing’), with the hand or with an implement – whip,
but to respect and human dignity. stick, belt, shoe and wooden spoon’.
A coverage of the above media reports lend The magnitude of reported cases of learner
support to what was alluded by Le Roux and indiscipline warrants the use of different kinds of
Mokhele (2011:318) who suggests that “crime and strategies in an effort to curb future occurrences

J Hum Ecol, 69(1-3): 65-80 (2020)


70 B.B. CHITSAMATANGA AND NS. REMBE

of disruptive behavior (Maphosa and Shumba India, Peru and Viet Nam” - revealed that among
2010) in order to secure a safe learning environ- children aged 8; over half in Peru and Viet Nam,
ment. But Gershoff (2017); Nkuba et al. (2018) illu- three quarters in Ethiopia and over 9 in 10 learn-
minate how corporal punishment continues to be ers in India reported witnessing a teacher admin-
inflicted on learners for a number of reasons. istering corporal punishment. The results further
These include, for example, failure to do home- indicated that younger students in these coun-
work, late coming to class, absenteeism, bringing tries were prone to corporal punishment as com-
cellphones to school, running in the hallway, pared to adolescents in all four countries. Anoth-
sleeping in class, noisemaking, giving incorrect er study by Global Initiative (2016) demonstrates
answers, using foul language, scribbling in a text that corporal punishment was still being permit-
book, failing to pay school fees. The foregoing ted in 69 countries with a rate of over 90 percent
results are not surprising taking into consider- in countries such as Botswana, Cameroon, Ja-
ation that corporal punishment in developed and maica, Trinidad and Tobago, Uganda, United Re-
developing countries has not been fully abolished. public of Tanzania, and Yemen. Between 70 per-
Notably, statistics from 13 different Sub Sa- cent – 89 percent rate of corporal punishment
hara African (SSA) countries show the rate of was recorded in Egypt, Ghana, India, Morocco,
corporal punishment ranging from 11 percent to Myanmar, Palestine and Togo.
an alarming 95 percent of reported cases by school Ironically, the findings of this study captures
children (Hecker et al. 2014; GIEACPC 2016d). Tanzania as one of the countries still practicing
According to (Gudyanga et al. 2014) a report by corporal punishment in schools. This is regard-
United Nations survey to determine the use of less of the fact that it is a signatory of the United
corporal punishment in 2008 reported that 35 000 Nations Convention on the Rights of the Child
school children in Pakistan dropout from school
which prohibits all forms of violence of the child
each year due to corporal punishment. Further-
more, infliction of beatings at schools are also under Paper 19. Of importance to note is that most
responsible for one of the highest dropout rates of the teachers are in support of its use as com-
in the world, which stands at 50 percent during pared to learners who felt that its use had nega-
the first five years of education (Gudyanga et al. tive implications on their education coupled with
2014). emotional and physical pain inflicted on them
Conversely, some research studies, for in- (Feinstein and Mwahombela 2010). Lombordo and
stance, a study done in Zimbabwe by Gomba Polonko (2005) further suggest that when corpo-
(2015) titled “Corporal Punishment is a Neces- ral punishment is used on a regular basis it en-
sary Evil: Parents’ Perceptions on The Use of hances a number of abnormal conduct such as
Corporal Punishment in School” points in the lying, stealing, cheating, bulling and lack of lack
opposite direction. The findings of the study illu- of remorse for wrongdoing.Thus, Nkuba and
minated that parents advocated for continuance Kyaruzi (2015) suggest that teacher training pro-
of corporal punishment because of its immediate grams should equip teachers on how to address
and future benefits, and that it was also cited in learner misconduct using non-aggressive tech-
the Holy Bible. Writing on the Zimbabwean con- niques. Such an approach is bound to widen their
text Matope and Mugodzwa (2011) and Shumba knowledge on the effects of corporal punishment
et al. (2012) also suggest that advocates of cor- and how children’s rights to education are violat-
poral punishment consider it a necessity and an ed in the process.
effective way of disciplining students and, to Khubela reporting for Eyewitness News in
some students, it is the only language they un- 2017 covered a story about a learner at Manyano
derstand. This is despite the fact that the Su- Primary School in Mpumalanga who was left pa-
preme Court of Zimbabwe ruled the use of corpo- ralysed after allegedly being assaulted by his prin-
ral punishment as unconstitutional and a viola- cipal in 2016. The learner died a few months later
tion to human dignity and children’s right to edu- due to sustained injuries. Similarly, Sunday Morn-
cation (Kaltenbach 2017). ing Herald also captured a story on 3 April 2014
Meanwhile, study done by Oganda-Portella that in Johannesburg a teacher was facing a pos-
and Pells (2015) titled “Corporal Punishment in sible murder charge following the death of a learn-
Schools: Longitudinal Evidence from Ethiopia, er. The teacher allegedly beat the learner on the

J Hum Ecol, 69(1-3): 65-80 (2020)


SCHOOL RELATED GENDER BASED VIOLENCE 71

head with a belt - which lead to deafness and by 2002 WHO estimated that a total 150 million
blood clots in his nose, the learner later died in girls and 73 million boys (below 18 years of age)
hospital. Mzimande (2015) reporting for eNCA. experienced forced sexual intercourse or other
com shared a story on how 13 grade 4 primary forms of sexual violence at home, at school and
school pupils were admitted to hospital with bruis- within the community (Altinyelken and Le Mat
es on their hands after receiving corporal punish- 2017; PLAN 2008; Lieten 2015). These extremely
ment from their teacher for failing to submit their high figures are an indication of how states have
homework. failed to abide by human rights obligations in
Given the above statistics, concerns and ob- various treaties that allude to the importance of
servations it is clear that the right to education of taking meaningful action to prevent and respond;
these learners is being desecrated. Reason be- punish and redress such acts of SRGBV (Lalor
ing, students continue to be subjected to inhu- 2004). Notably, this has led to the elimination of
man and abusive treatment which breaches their violence in childhood gaining attention and fea-
fundamental human rights in schools (Shumba et turing prominently in the UN Sustainable Devel-
al. 2012). However, Mtsweni (2008) suggests that opment Goals (SDGs) (Devries and Meinck 2018).
after the interdiction of corporal punishment in For instance, SDG 4 supports inclusive and equi-
schools, a majority of teachers feel undermined table quality education and promotion of lifelong
and helpless without its use due to high levels of learning; SDG 16.2 targets the eradication of all
learner indiscipline in schools. Masitsa (2008) forms of violence against children give and the
further states that the banning of corporal pun- right of every child to live free from fear, neglect,
ishment in schools has led to some learners defy- abuse and exploitation (Njelesani 2019,). These
ing teachers and the school authority who are SGDs are in line with elimination of sexual vio-
meant to act in loco parentis because they (learn- lence particularly in schools, while promoting a
ers) know they are backed up by the state law. safe learning environment.
Therefore, some teachers, as a way of regaining According to Prinsloo (2005: 5) a safe school is:
power and authority continue to use corporal school that is free of danger and where there
punishment despite the serious consequences is an absence of possible harm, a place where
that flow from its use, namely, suspension, dis- non-educators, educators and learners may work,
missal and jail term in extreme cases. teach and learn without fear of ridicule, intimi-
dation, harassment, humiliation, or violence.
Sexual Violence However, Muhanguzi (2011: 716) is of the view
that:
Recent research indicates that schools have schools offer a vigorous social cultural dis-
been increasingly implicated as having inexora- cursive environment in which students’ interac-
ble high rates of sexual violence besides the child’s tion is characterised by gendered sexual expec-
home and the perpetrators house (Devries and tations and power imbalances with deep-seated
Meinck 2018; Magwa 2015; Gwirayi 2013; Chik- lack of female sexual autonomy in sexual rela-
wiri and Lemmer 2014; Altinyelken and Le Mat tionships, compulsory heterosexuality and sex-
2017). Sexual violence is another form of SRGBV ual exploitation of females.
and is defined by the World Health Organisation, The foregoing definition reveals how learn-
(2014: 2) as ers tend to be socialised within a school culture
‘any sexual act, attempt to obtain a sexual that tolerates and normalises (Altinyeken and Le
act, unwanted sexual comments or advances, or Mat 2017) the culture of SRGBV.
acts to traffic or otherwise directed, against a A substantive example of sexual abuse in
person’s sexuality using coercion, by any per- school is presented in a research by Bekele (2012)
son regardless of their relationship to the vic- on determinants of sexual violence among East-
tim, in any setting, including but not limited to ern Ethiopian secondary schools. This comprised
home and work’. of a sample of 4 666 female and 7 668 male learners
The statistics for sexual violence are an indi- with an age range of 14-24 years. The results of
cator of how the innocence of young children the study showed that sexual violence was preva-
and adolescents is grossly violated. For instance, lent especially in high schools and appeared to

J Hum Ecol, 69(1-3): 65-80 (2020)


72 B.B. CHITSAMATANGA AND NS. REMBE

be a major characteristic of school life for many Human Rights Commission (SAHRC) noted that
adolescent females. These results were attribut- sexual violence, including abuse perpetrated by
ed to inflated feelings of egotism and high rejec- teachers, was one of the most prevalent forms of
tion sensitivity which increased vulnerability to SRGBV. Likewise, Donald et al. (2014) advance
sexual violence victimisation among high school that in South Africa 30 percent of sexual crimes
learners. However, a study focusing on Gender- are committed by adolescents - some as young
based Violence in Primary Schools in the Harare as 10 years. This is a clear indication that a per-
and Marondera Districts of Zimbabwe by Chik- centage of these perpetrators are primary school
wiri and Lemmer (2014) highlights that even learn- children. While there are a myriad of causes -
ers in primary schools are exposed to indecent both social and political - that fuel the phenome-
touching and groping, suggestive comments non of sexual violence in schools, the absence of
about the shape of their body and dress, sexual meaningful consequences for perpetrators lends
harassment on school premises especially in toi- legitimacy to their behaviour, arguably giving a
lets, attempted rape, rape and incest by male teach- license to this harm (Mcube 2013 and Harber).
ers, janitors and boys (Chikwiri and Lemmer 2014). For instance, a General Household Survey car-
As such, a call has been made that the exist- ried out in 2012 noted that 7.8 percent of girls
ence of a school code of conduct needs to be between the ages of 7 and 18 were not attending
reinforced among teachers, learners and parents. school because of pregnancy (StatsSA 2014).
It should explain the kind of behaviour expected Media reports have also cemented scholarly
from learners including the standard of behav- literature concerning this critical issue. For in-
iour a school has to maintain (Leach et al. 2014; stance, on the 14th of March 2018, a News24 re-
Bilatyi 2012; Postmus et al. 2015). For instance, a porter, Mxolisi Mngadi, covered a story on how a
longitudinal study was done in Kenya between police man investigating sexual assault in a School
2003 and 2009 and revealed that out of 12 660 in Soweto was arrested for molesting two pupils
girls that were sexually abused by their teachers, in Grade 3 aged 7 and 8 when he visited the school
the number of teachers who were eventually to prepare the young victims to go to court. These
found guilty was only 633. In addition, Kalmelid children were part of the 87 children between
(2013) carried out a study in Mozambique on ‘Sex- Grades R and 7 that were sexually violated and
ual Harassment in Schools: Descriptions, Expla- raped by their school guard in 2017. The plague
nations and Solutions among Participants’. The of sexual violence has also been captured through
study revealed that, there was sexual harassment media particularly through the Daily Dispatch. In
between male teachers and female students - chan- the Eastern Cape, a report on the Daily dispatch
nels used to report such abuses and lack of pun- by Linden on 12 February 2018b revealed that a
ishment towards the teachers exacerbated the rate Grade 9 pupil was impregnated by a teacher at
of sexual violence. In addition, the results showed Flagstaff High School. It is alleged that teachers
some of the girls continued to be victims so as to were having sexual relations with pupils and de-
get material benefits and to be awarded good manded sex from Grade 11 pupils in exchange for
grades. These findings suggest that it is para- promoting them to Grade 12. Existing literature
mount that the girl child is subjected to aware- reveals that environmental influences, peer pres-
ness of the detriments of sexual harassment, the sure, poverty, parental neglect, and lack of paren-
right to say no and the importance of education. tal monitoring are factors that lead to sexual vio-
The findings of this study are supported by To- lence of girls (Greene et al. 2013; Magwa 2015;
daro and Smith (2009) and UN (2012) who posit Duru and Balkis 2018).
that education of girls has been found to have Unfortunately, the above cases indicate that
great impact on the future economic and social though the respect for human rights and the right
development of societies. to education (Martin et al. 2014) for every child is
Accordingly Joyner (2017) and Brock et al. extoled as the ultimate solution to gender equali-
(2014) advance that sexual violence as a disquiet- ty, the current environment in South African
ing reality has reached epidemic proportions that schools speaks volumes on how sexual violence
impedes a learner’s personal autonomy and the has been legitimised. In addition to a plethora of
right to education. In 2006, the South African legislation in South Africa, a number of critical

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SCHOOL RELATED GENDER BASED VIOLENCE 73

programmes to guide redress of sexual violence archy, discipline and gender (Greene et al. 2013).
have been adopted and implemented. These in- This has resulted in numerous and severe nega-
clude the: Guidelines for the Prevention and Man- tive effects that learners are subjected to through
agement of Sexual Violence and Harassment (2008) different forms of SRGBV as discussed above.
in public schools which sets out a complaints pro- Hinduja and Patchin (2010) posit that the nega-
cedure for educators and learners on sexual ha- tive consequences that the learners may experi-
rassment and also the Department of Basic Educa- ence include dropping out of school, adolescent
tion’s Handbook for Learners on How to Prevent aberrant actions and even shoplifting. Harber and
Sexual Abuse in Public Schools (2010). Parkers Mcube (2013), Banwari (2011) and Smit (2015) re-
(2016) includes information for students about veal in their studies that there is considerable evi-
rights and reporting, and training on bullying in dence of harmful effects emanating SRGBV some
schools (Burton and Leoschut 2012; Altinyelken which include physical harm, death ideation, so-
and Le Mat 2017). In addition, Section 54(1) of the cial difficulties and low self-esteem among victims.
Criminal Law (Sexual Offences and Related Mat- According to Myburgh et al. (2015) low self-
ters) Amendment Act No. 32 of 2007, explicitly esteem resulting from SRGBV negatively affects
states that knowing about a sexual offence and the intellectual capacity of learners and hinders
failure to report it is a crime (Naidoo et al. 2017). their capability to advance in their education. Ex-
Despite the implementation of these pro- isting literature also reveals how low self-esteem
grammes, the sheer scale of sexual violence in is linked to aggression and substance abuse and
schools is a statement of not only the problem, long lasting negative impacts on learners’ verbal
but also of the existence of weak structures in and decision-making ability (Kaltenbach et al.
place for combating to sexual violence in schools 2018; Gershoff and Grogan-Kaylor 2016; Oganda
(Le Mat 2016). Undoubtedly, this is one of the Portela and Pells 2015; UNICEF 2014). These au-
major reasons why the prevalence of sexual vio- thors further contend that the end results of SRG-
lence continues. At the same time, the state re- BV manifests in impaired concentration while other
sponse to this crime continues to be fraught with learners prefer to move to new schools to avoid
flaws and indecisive actions. It may be inferred corporal punishment, bullying and sexual harass-
that there exists a gap between existing laws and ment. For instance, moving to a new school or
measures taken by responsible authorities. Un- dropping out of school may-be impelled by fail-
fortunately, these has led to a culture of silence ure by the victim to defend themselves or failure
which is deeply rooted amongst the leaners, teach- by the system to take corrective measures.
ers and principals, thus, giving the perpetrators The fact that more than one billion children
the leeway to continue committing such atroci- attend school every day underscores the impor-
ties. In a society that is often perceived both tance of ensuring that the learning environment
domestically and internationally as one of the of such learners does not increase the risk of chil-
most violent in the world, this in itself justifies dren’s rights being violated (Greene et al. 2013).
concerted action to break the cycle of violence Instead, schools should mirror the central rights
that young people are exposed to – starting with of children enshrined in the United Nations Con-
the school environment (Burton and Leoschut vention on the Rights of the Child (CRC) (1989).
2013: 4). This is why SRGBV which is a violation In other words, the children’s rights to education
of children rights to education, equality, human is not only critical but can be realised only when
dignity and respect must receive priority at all learners are able to learn in nurturing environ-
levels and structures of society. ments. The latter must be free from SRGBV, en-
able learners to unlock their full potential and,
Effects of SRGBV promote and protect human dignity. Pinheiro
(2006) presented a comprehensive World Report
SRGBV is a complex social problem that re- on Violence against Children based on regional
sults from more than just school related issues. consultations. The study revealed that a majority
Violence against children in educational settings of the schools did not offer a nurturing environ-
reflects and intensifies the deeply embedded so- ment and thus were destroying the essence of
cial and cultural norms regarding authority, hier- human integrity. This resulted in absenteeism of

J Hum Ecol, 69(1-3): 65-80 (2020)


74 B.B. CHITSAMATANGA AND NS. REMBE

learners due physical and psychological, verbal underestimate the levels of sexual violence and
abuse; bullying; and sexual violence. All these other forms of SRGBV experienced by boys, hence
forms of SRGBV can further lead to future health the majority of learners (boys) resort to a culture
risks for the victims. of silence to avoid being stigmatised and ostra-
Meanwhile, absenteeism of the learners has cised (Altinyelken and Le Mat 2017).
been attributed to lack of accountability; trans- According to Parkers (2017), MENET-UNICEF
parent and standardised reporting channels of carried out a study in 2015 in Côte d’Ivoire and
SRGBV. Psaki et al. (2017) conducted a study on the results revealed that 56.3 percent of child vic-
“Associations between violence in school and at tims did not report sexual violence because they
home and education outcomes in rural Malawi: A did not know where to report, feared being repri-
longitudinal analysis”. The sample of the study manded, and shame attached to sexual violation.
was 1763 adolescent girls and boys (869 girls, 884 Additionally, concerns have been raised that the
boys) in rural, southern Malawi. The findings of victims are forced to remain within the same envi-
their study was that due to high rates of SRGBV, ronment with their perpetrators because extreme
absenteeism was a common phenomenon and was cases of SRGBV are not reported for fear of retri-
equally common for girls and boys. In other words, bution or protecting the reputation of coworkers,
high rate of SRGBV may lead learners in believing students and the school (Harber and Mcube 2013;
that violence is an acceptable way of expressing Magwa 2015). Thus, taking such a step does not
disapproval, promoting gender inequality or an- only condone violence and continued exposure
ger. This creates a sense of insecurity among learn- of SRGBV but highlights the failure to abide to
ers within the school premises hence the reason the international human rights norms and stan-
for staying away from school. dards which stipulate that it is the duty of the
Research also highlights that apart from emo- state to address persistent violations of human
tional suffering that both boys and girls who are rights and take positive measures to prevent their
victims of SRGBV experience, it is the girl child occurrence.
who suffers more especially through sexual vio- A study on SRGBV in Togo outlined the key
lence - which may in turn result in unwanted preg- reasons for the under-reporting of SRGBV rein-
nancies. Studies further show that these girls end forced the lack of awareness of the legal frame-
up having unsafe abortions; sexually transmitted work in and out of the school environment and
infections and high exposure to HIV/AIDS (Ban- lack of respect of what institutes violence (De-
wari 2011; Gwirayi 2011). These health risks com- vers 2015; Parkers 2017). These views are sup-
promise girls’ schooling and their broader physi- ported by a report in 2001 by Human Rights
cal and social development. Many schools do Watch in South Africa. The report illuminated that
not permit pregnant girls to attend school, or al- seldom do schools take an initiative to ensure
low girls to bring their babies or return to school that learners, particularly girls, have a sense of
following childbirth (Melchiorre 2010; Grant and security and comfort at school and that schools
Hallman 2006). Some of the girls prefer to stay hardly reprimand or discipline boys nor the teach-
away from school because of name calling asso- ers who commit acts of SRGBV. This infers that
ciated with getting pregnant at school (Human little, if any change has been realised over the
Rights Watch 2001; Magwa 2015). years concerning the promotion of safe schools
A recent study conducted in Malawi revealed or curbing SRGBV. Consequently, this deepens
that boys equally undergo psychological trauma gender and social inequalities and reduces the
due to sexual assaults and this was linked to worse overall quality of life (Mncube and Madikizela-
education outcomes for boys as compared to girls Madiya 2017) and education that is given to these
(Psaki et al. 2017). Devries and Meinck (2018) sug- learners.
gest that boys seem to be more likely to disclose Duru and Balkis (2018) contend that failure to
experience of sexual violence when they are af- curb and redress the consequences of SRGBV is
forded an anonymous method of disclosure than because there is a weak link between what is
if they are interviewed face to face (Devries and termed a well-organized school - which meets stu-
Meinck 2018). In other words, the methods used dents’ academic and psychological needs and
to collect data of SRGBV are bound to seriously teachers supporting their students, a supportive

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SCHOOL RELATED GENDER BASED VIOLENCE 75

peer culture and a safe and supportive school the prevalence of these crimes varies within the
environment that is capable of reducing problem- provinces. This calls for participatory involve-
atic behaviors. Garner (2014: 489) points out that ment of all relevant stakeholders in the education
there is a need of a paradigm shift and redress of system. However, pathetic and sporadic struc-
SRGBV if it is to be successful. The author fur- tures in schools; the feeble judicial systems that
ther identifies seven important factors that schools takes too long to settle cases; victimisation and
need to focus on in order to curb the consequenc- stigmatisation; protecting colleagues and school
es of SRGBV to ensure that the rights to educa- reputation, are among the factors that contribute
tion of learners is not distabilised. These are: cur- to acts of SRGBV being given lesser attention.
riculum; positive behaviour intervention; social This highlights failure by the responsible author-
and emotional aspects of learning; professional ities to look at a broader picture on how to re-
development and training; family involvement; dress and expedite an exchange of ideas on why
community engagement; and policy development principals, teachers and learners continue to be
(Garner 2014). implicated in these detestable acts. This is de-
However, a glance at the statistics is indica- spite sturdy legal domestic framework which for-
tive that a substantial number of learners in pri- tifies the country onus to take affirmative and
mary and secondary schools still experience SRG- meaningful action to prevent and respond, pun-
BV. Thus, the current global statistics and media ish and redress acts of SRGBV.
reports are symptomatic of why schools are sus- The findings of this review further reveals that
ceptible to SRGBV and neither can they shield there also exists different forms of SRGBV, name-
away from effects of SRGBV. Unfortunately, the ly: bullying, corporal punishment, and sexual
literature gives an oblique picture that in numer- abuse, which are also abnormally high. These
ous school settings, there still exists rudimentary forms of SRGBV are manifest from societal and
information concerning this endemic, hence the sta- cultural beliefs that concern issues of gender,
tus quo subsists (Maphosa and Shumba 2010; power dynamics and discipline and consequent-
Gwirayi 2011, 2013; Magwa 2015; Mcube and Har- ly, they have seeped through the school system.
ber 2013; Devers 2015; Parkers 2017). It is on this These lead to numerous consequences for the
basis that this paper recognises the urgency of deal- victim and the perpetrator such as low self-es-
ing with of effects of SRGBV as well as identifying teem, absenteeism, impaired concentration,
strategies that can be implemented to eradicate the school dropout, death ideation, and high health
culture of impunity by the perpetrators as well as risks especially for the girl child. This implies that
the silence of the victims. SRGBV is a disquieting phenomenon that needs
redress in order to avoid inhibiting children’s right
CONCLUSION to education and essence of human dignity.

More than one million children attend school RECOMMENDATIONS


every day therefore, one of the crucial mandates
for any state is that these children attain their SRGBV is encompassed by incalculable fac-
education in a safe learning environment. Con- tors at school, family and community level that
clusions drawn from this review show the global merge to construct susceptibility for violence in
statistics expose a huge number of learners sub- schools. Therefore, the pandemic of SRGBV and
jected to different types of SRGBV that impacts the violation of children’s rights to education that
negatively on their human rights and the right to flow from it needs redress beyond the school
education on a regular basis. A comparable pat- boundaries. Therefore, this review recommends
tern on SRGBV levelled against learners particu- that:
larly on girls also subsists in most schools in Š Students should be engaged as collabora-
South Africa. Although the latter has signed and tors along with teachers, and their peers and
ratified the CRC as a way of showing its obliga- inclusive and customised school wide ac-
tion to safeguarding children rights to education tivities that meet the unique needs and ethos
the picture on the ground shows that diminish- schools involving all the stakeholders
ing SRGBV is not a one-size-fits all situation as should be encouraged so that SRGBV can

J Hum Ecol, 69(1-3): 65-80 (2020)


76 B.B. CHITSAMATANGA AND NS. REMBE

be attenuated - this will promote human dig- Š Although the there are numerous reports
nity and children’s right to education. through media of victims in schools includ-
Š A majority of leaners especially in high ing murder, few prosecutions and convic-
schools have cellphones, thus schools can tions have been made. To curb this evil it is
create websites to educate the learners on important to would be perpetrators and more
SRGBV. prosecutions and stiffer sentences should
Š The ministry should employ adequate be imposed.
school counsellors who will be readily avail- Š What is happening in schools, mirrors what
able to assist learners suffering from physi- is happening in families, communities and
cal and psychological aftermaths of SRGBV. the wider society. There is need therefore to
· Teacher training should be inclusive of tech- cascade these measures beyond the school
niques for curbing SRGBV and should equip confines.
teachers on how to address learner miscon- Š The future leaders (youth) of this continent
duct using non aggressive techniques. This comprise of more than 60 percent of the pop-
will widen the teacher’s knowledge on the ulation. Therefore to curb SRGBV, it is criti-
effects of SRGBV and how children rights cal that school children are groomed from
are violated in the process. the onset to be peacemakers who are capa-
Š There should also be awareness that is tar- ble of promoting societal values, conflict
geted to the girl child on the detriments of resolution and diversity.
sexual harassment, the right to say no and
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