THE CONTINUOUS CASE OF SEXUAL OFFENCES AGAINST CHILDREN IN REPUBLIC OF SOUTH AFRICA DESPITE OF THE ADOPTION OF INTERNATIONAL LAW (2006-2011)

Abstract

The universalism concept of human rights sees that children should be protected by all states under International Human Rights Law (IHRL). However, there are still numbers of violation to the protection of children's right, one of them is Child Sexual Abuse in Republic of South Africa (SA) which they have the different perception in seeing their sexual behaviour towards children. The case of SOAC in SA has violated the Children's Act and Sexual Offences and Related Matters (SORMA) Act. It is stated that child sexual abuse defined as sexual offences against children (SOAC). There are thousands of cases which have been reported through South African Police Service (SAPS), indeed the government has tried to stop it. Yet, the case is still continued. Moreover, the SA's government has comprehensive legislation and constitutions, statutory framework in regards to the protection of children rights. However, South Africa experience difficulty in order to implement those international laws since the culture of patriarchy is entrenched in the society. Patriarchy was constructed in the society because their interpretation over the practice of SOAC which they consider this as not a violation of crime instead as common norms which was constructed by the practice of tradition and apartheid which construct patriarchy as the cultural - fault lines. This showed that the relativism concept of human rights can be seen on how SA's people see with different perspective over SOAC. In this thesis, the research methodology that used is qualitative research. The author of this thesis used the theory of Social Constructivism, Universalism, and Cultural Relativism, and the concept of state's responsibility to the international human rights law and patriarchy as the theoretical framework of this thesis.