Education Law and Policy: Reporting Sexual Violence

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Questions and Answers

What is a common characteristic of sexual violence?

It is only committed against men

It is usually committed by a stranger

It is only committed in public spaces

It is committed as a show of power by one person over another (correct)

Which group of people is particularly vulnerable to sexual violence in schools?

Families of learners

Teachers in rural areas

Learners in poorly resourced schools (correct)

Learners in well-resourced schools

What is a potential consequence of poor toilet facilities in schools?

Improved teacher morale

Increased risk of sexual violence (correct)

Decreased risk of sexual violence

Increased safety for learners

What right is protected by Section 10 of the Constitution?

Right to dignity Signup and view all the answers

What is a special protection afforded to children by Section 28 of the Constitution?

Protection from abuse of any sort Signup and view all the answers

What is a responsibility placed on society by Section 28 of the Constitution?

To protect children from maltreatment, neglect, abuse, or degradation Signup and view all the answers

What is one of the reasons why learners may drop out of school due to sexual violence?

Because they are traumatized and unable to focus on learning Signup and view all the answers

What is the role of the state according to Section 7 of the Constitution?

To respect, protect, promote and fulfil the rights in the Bill of Rights Signup and view all the answers

Who is bound by the Bill of Rights according to Section 8 of the Constitution?

The state and natural or juristic persons Signup and view all the answers

What is the purpose of the Criminal Law (Sexual Offences & Related Matters) Amendment Act, 2007?

To define and criminalise certain sexual acts Signup and view all the answers

What is one of the obligations of public schools and departments of education?

To protect learners from being hurt or violated Signup and view all the answers

What is the purpose of Section 9 of the Constitution?

To ensure that everyone is treated equally Signup and view all the answers

What is the role of the person to whom a report is made?

To listen, note the allegations and report them Signup and view all the answers

What should a learner do if they are being abused by a teacher and the principal does not report it?

Write directly to the provincial department Signup and view all the answers

What is the purpose of the School-Based Support Team?

To provide emotional support and counseling to the learner Signup and view all the answers

What can a learner apply for if they are being harassed or abused by their teacher?

A protection order through the Protection from Harassment Act Signup and view all the answers

What should a learner do if they need stronger protection than offered by the Protection from Harassment Act?

Apply for a protection order through the Domestic Violence Act Signup and view all the answers

What is the responsibility of the circuit manager in the reporting process?

To receive a written report from the Principal or SGB Signup and view all the answers

What is the purpose of the reporting procedures in the school?

To ensure the learner's emotional well-being and safety Signup and view all the answers

What should a learner do if they are being abused or harassed by another learner?

Apply for a protection order through the Protection from Harassment Act Signup and view all the answers

Study Notes

Sexual Violence in Educational Settings

Sexual violence is often committed by someone known to the victim in a personal space, such as home or school, and affects certain groups more than others.
Vulnerable groups include women, children, poor people, and people with disabilities, with poor black girls being particularly vulnerable, especially in poor, rural areas.

Factors Contributing to Sexual Violence in Schools

Poorly resourced schools increase the risk of sexual violence against learners.
Factors contributing to this include:
- Poor toilet facilities, such as no doors or distant locations.
- Learners having to walk long distances to school, making them more vulnerable to sexual advances.
- Teachers having status and money, which can lead to learners being exploited and families negotiating payments in exchange for not reporting the abuse.

Constitutional Protections

Section 12 of the Constitution guarantees every person the right to bodily integrity and protection from cruel, inhuman, or degrading treatment.
Section 10 of the Constitution ensures every person has the right to dignity.
Section 28 of the Constitution provides special protection for children's rights, including protection from maltreatment, neglect, abuse, or degradation.
Section 29(1)(a) of the Constitution ensures every person's right to a basic education in a safe and secure environment.

Legal Framework for Protecting Learners

The Constitution obliges the state to respect, protect, promote, and fulfill the rights in the Bill of Rights (Section 7).
The state and natural or juristic persons are bound by the Bill of Rights (Section 8(1) and (2)).
Public schools and departments of education have a duty to protect learners' rights to a basic education and must actively protect learners from harm.
The Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, defines and criminalizes certain sexual acts, including sexual intercourse with a person under 16.

Reporting and Protection Mechanisms

Any person can report an incident of sexual violence verbally or in writing.
The person receiving the report must provide a written report to the circuit manager and follow reporting procedures.
The report must be done with care, sensitivity, and confidentiality to avoid additional emotional trauma.
A learner or their family can report abuse directly to the provincial department if the principal is the perpetrator or fails to report the abuse.
Learners can apply for a protection order through the Protection from Harassment Act, 2011, or the Domestic Violence Act, 1998, depending on the severity of the abuse.

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Description

This quiz covers the concept of sexual violence as a show of power, often committed by someone known to the victim, and its impact on vulnerable groups.