Virginity testing rules clarified: Rights of girls must be protected

Legislation clearly states that virginity testing may be conducted only on girls over the age of 16 who have provided informed consent.

Test results must remain confidential, and marking girls on their foreheads is illegal.

This was conveyed by Thoko Mkhwanazi-Xaluva, chairperson of the Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRL Commission), during her first official meeting with Social Development MEC Mbali Shinga on Monday.

The discussion created a valuable platform for the commission to advise, educate and lobby the department on matters relating to culture, religion and language, especially those impacting the rights and protection of children.

Mkhwanazi-Xaluva raised specific concerns about child protection gaps in religious settings and cultural practices, such as virginity testing.

“We must work together to ensure children are protected from abuse and exploitation in all environments,” she said.

“Our constitutional mandate is to protect and promote the rights of cultural, religious and linguistic communities, while strengthening democracy. Unlike schools, where staff are thoroughly vetted and screened,” she said.

MEC Shinga affirmed that this is the beginning of ongoing collaboration between the department and the CRL Commission.

“We are committed to partnering with all sectors of society to eliminate harmful practices and ensure accountability, especially within cultural and religious institutions. This engagement has been both informative and empowering,” said the MEC.

Shinga also acknowledged the growing concern around gender-based violence, religious exploitation, and lack of accountability in certain faith-based institutions.

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