The Star newspaper reports today (23/09/2002) that a school in Crosby, Johannesburg has published the names of learners allegedly involved in taking, possessing, or selling drugs on school premises. The South African Human Rights Commission condemns this act as it violates the right of the child to be protected from degradation, the right to have his dignity respected and to privacy of the children involved.

The problem of drug abuse in schools has been growing incrementally in the recent past and has posed a problem for educators and stakeholders on how to deal with this issue. Policies have been introduced at school level on how to deal with the issue and one method that gained prominence last year was the introduction of random drug testing. It has been shown that random drug testing to prevent drug abuse by pupils does not pass the constitutional test of the rights to privacy, dignity and the right to fair administrative procedures of the pupils concerned.

The naming and shaming of pupils who have been found using drugs, like drug testing, aggravates the problem. The Commission acknowledges that most schools have rules in place or codes of conduct that prohibits the use of drugs and alcohol in school and does not in anyway condone drug abuse, which admittedly is a serious and complex one. However the Commission will not support methods that violate the rights of the child. To degrade and humiliate the child and to not to respect the child’s dignity is unacceptable.

The South African constitution explicitly stipulates in Section 28 that in matters concerning children the best interest of the child should be taken into consideration. The naming and shaming of children has an adverse impact instead. The finger pointing in school and possibly on playgrounds will certainly affect the child negatively.

The African Charter on the rights and welfare of the child also states that no child shall be subjected to arbitrary or unlawful interference with his privacy, family, and home or to the attacks on his honour or reputation. South Africa has a correctional system in place that is meant to contribute to maintaining a just and peaceful society whilst ensuring human dignity for all. Similarly, disciplinary measures taken against learners who are guilty should have rehabilitation paramount as a consideration and not violate children’s dignity.

Issued by: South African Human Rights commission
Date: 23 September 2002
For more information please contact:
Phumla Mthala Tel: (011) 484-8300/ 083 265 3612

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