Children's Act, 2005 (Act No. 38 of 2005)Chapter 2 : General Principles12. Social, cultural and religious practices |
| (1) | Every child has the right not to be subjected to social, cultural and religious practices which are detrimental to his or her well-being. |
| (2) | A child— |
| (a) | below the minimum age set by law for a valid marriage may not be given out in marriage or engagement; and |
| (b) | above that minimum age may not be given out in marriage or engagement without his or her consent. |
| (3) | Genital mutilation or the circumcision of female children is prohibited. |
| (4) | Virginity testing of children under the age of 16 is prohibited. |
| (5) | Virginity testing of children older than 16 may only be performed— |
| (a) | if the child has given consent to the testing in the prescribed manner; |
| (b) | after proper counselling of the child; and |
| (c) | in the manner prescribed. |
| (6) | The results of a virginity test may not be disclosed without the consent of the child; |
| (7) | The body of a child who has undergone virginity testing may not be marked. |
| (8) | Circumcision of male children under the age of 16 is prohibited, except when— |
| (a) | circumcision is performed for religious purposes in accordance with the practices of the religion concerned and in the manner prescribed; or |
| (b) | circumcision is performed for medical reasons on the recommendation of a medical practitioner. |
| (9) | Circumcision of male children older than 16 may only be performed- |
| (a) | if the child has given consent to the circumcision in the prescribed manner; |
| (b) | after proper counselling of the child; and |
| (c) | in the manner prescribed. |
| (10) | Taking into consideration the child’s age, maturity and stage of development, every male child has the right to refuse circumcision. |