CULTURAL PRACTICES AND ETHICS...CHILD AND YOUTH CARE IN SOUTH AFRICA

Discussions with students on ethics, moves to ethical dilemmas. Examples around the tensions (some say "clashes") between personal, especially religious beliefs and professional ethics are usually fairly easily resolved. If there is any discussion, tensions between child and youth care ethics and cultural practices, however, most frequently remain in tension.

Here are two examples of questions asked.

"You read in an article Sowetan Live 20 December 2018 (Mthethwa B) That the Zulu cultural practice Ukweshwama Harvest Ceremony has been revived and is to be held. Young Zulu males chase a bull and kill it by hand. In this article it is said that no blood is shed and the method used to kill the bull is  painless. It marks the group of young males as "Men", the King as being given the qualities of the bull.  

In the Dispatch Newspaper, it describes it differently. It is said that the eyes of the bull are gouged out, the tongue pulled from its mouth, genitals twisted and the bull is suffocated to death. 

A young male in your care says that his father has told him to participate in this year's Ukweshwama. as by doing so, his father will regard him as being manly.

You consider "What is the best that can come of his participation?" You consider "What is the worst that can happen? Is the young male person put at risk?" You consider whether the issues of parental and animal rights enter into  Child and Youth Care ethics.

Commonly, not withstanding, custodial parental rights, the risks of the boy getting possibly wounded, child and youth care work students say, "We feel sorry for the animal, but it's our culture, and culture comes first. Culture is above the Law".

Another dilemma exercise in Child and Youth Care ethics vs cultural practice:

There is a cultural practice in which sets of little parallel cuts are made around the naval of a very young child. Commonly called "elevenses", because they look like 11s. 

The question: "A mother tells you that the child is constantly restless and crying. She will take the child to an elder healer who will cut "elevenses" and rub a herbal mixture into the incisions. Can you agree to this? The deliberate cutting of a child's body is regarded as abuse A child and youth care worker is required to report abuse. If "elevenses" are done, will you report it?".   

The same response is the most usual given. "It's our culture. Culture comes first. Culture is above the Law."

The same response is usually given to cultural practices such as circumcision, facial markings, elongation of the vaginal labia (vaginal pulling), virginity testing, body piercing, tattoos. 

When there are tensions of interpretation some say, a "clash", of legal issues, I am told to refer to the Constitution  of South Africa to seek out the final word. 

 The issue of culture and cultural practice vs law and so the legal regulatory requirement as in child and youth care ethics has been and is an ongoing debate in many circles in South Africa. It means that it's not easily clearly resolved. Just to highlight the tension and dilemma, the Constitution of South Africa, Section 31 reads(1) A person belonging to a culture , religious or linguistic community, may not be denied the right with other members of that community...
(a) to enjoy their cultural practice, their religion and to use their language, and..........
Section 30 reads "Everyone has the right to use the language and to participate in the cultural life of their choice...."

Both Section 30 and 31 have however a condition attached. The proviso is that the practice may not be exercised in a manner inconsistent with any provision of the Bill of Rights.The Bill of Rights says that no person, or the State may discriminate on the basis of Culture.

Rautenbach et al Culture (and Religion) in Constitutional Adjudication. 2009 Potchestroom, South Africa, say that the legal vs cultural practice issue is problematic because "culture" "tradition"and "religion" are not defined in the Constitution They say also that there is what they call a gap "between the values entrenched in the SA Constitution of 1996 and cultural and religious values, which in some instances over centuries, have brought about customs and traditions (in "traditional" communities)  which seemingly infringe on some of the Contitutional values and rights". This apparent "gap" is well illustrated in the implied values of the Constitution's Section 28 (2) A child's best interests are of paramount importance  in every matter concerning the child" and the Bill of Rights 12 (e) the right...not to be treated or punished in a cruel, inhuman or degrading way".

The practice of Inqgithi among some traditional tribalist communities of the Xhosa people may provide a good example of the dilemma between child and youth care ethics, the Constitution and cultural practice 

Inqgithi is the cultural practice of marking a tribal member through the removal of the upper part of the little, or the ring finger from the topmost (the first) joint. Usually done on a newborn. It can also be done,for example, to a 5 year old especially if the child is bedwetting and constantly sickly. It is done to ward off disease, bedwetting and mental illnesses as well as being a tribal marking.  At an older age, the flesh of the upper part of the finger may be removed. A  "specialist surgeon" different from the surgeon who undertakes circumcision, amputates that section of the finger with a sharp knife. It is regarded as a symbol ... a body part is sacrificed to the ancestors to spare the life of a child or an affected child. Amongst those who practice Inqgithi, it is said.. it must be done to avoid the wrath of the ancestors.

 It seems,then, that there may well be a dilemma, a tension in some instances These are the balls in the air,.. some cultural practices, best interests and the Child and Youth Care value of protection from harm. As far as I know, these tensions have not been tested within our now regulated professional status. We, as child and youth care workers, are sure to encounter the dilemmas.

What do you think? How will you respond?