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A corporal punishment or a physical punishment is a punishment which is intended to cause physical pain to a person. When it is inflicted on minors, especially in home and school settings, its methods may include spanking or paddling. When it is inflicted on adults, it may be inflicted on prisoners and slaves, and can involve methods such as whipping with a belt or a horsewhip.
Physical punishments for crimes or injuries, including floggings, brandings and even mutilations, were practised in most civilizations since ancient times. They have increasingly been viewed as inhumane since the development of humanitarianism ideals after the Enlightenment, especially in the Western world. By the late 20th century, corporal punishment was eliminated from the legal systems of most developed countries. [1]
The legality of corporal punishment in various settings differs by jurisdiction. Internationally, the late twentieth and early twenty-first centuries saw the application of human rights law to the question of corporal punishment in a number of contexts:
In many Western countries, medical and human rights organizations oppose the corporal punishment of children. Campaigns against corporal punishment have aimed to bring about legal reforms in order to ban the use of corporal punishment against minors in homes and schools.
Author Jared Diamond writes that hunter-gatherer societies have tended to use little corporal punishment whereas agricultural and industrial societies tend to use progressively more of it. Diamond suggests this may be because hunter-gatherers tend to have few valuable physical possessions, and misbehavior of the child would not cause harm to others' property. [4]
Researchers who have lived among the Parakanã and Ju/'hoansi people, as well as some Aboriginal Australians, have written about the absence of the physical punishment of children in those cultures. [5]
Wilson writes:
Probably the only generalization that can be made about the use of physical punishment among primitive tribes is that there was no common procedure [...] Pettit concludes that among primitive societies corporal punishment is rare, not because of the innate kindliness of these people but because it is contrary to developing the type of individual personality they set up as their ideal [...] An important point to be made here is that we cannot state that physical punishment as a motivational or corrective device is 'innate' to man. [6]
In the Western world, the corporal punishment of children has traditionally been used by adults in authority roles. [7] Beating one's son as a form of punishment is even recommended in the book of Proverbs:
He that spareth the rod, hateth his son; but he that loveth him, chasteneth him betimes. (Proverbs 13:24)
A fool's lips enter into contention, and his mouth calleth for strokes. (Proverbs 18:6)
Chasten thy son while there is hope, and let not thy soul spare for his crying. (Proverbs 19:18)
Foolishness is bound in the heart of a child; but the rod of correction shall drive it from him. (Proverbs 22:15)
Withhold not correction from the child; for if thou beatest him with a rod, thou shalt deliver his soul from hell. (Proverbs 23:13–14)
Robert McCole Wilson argues that, "Probably this attitude comes, at least in part, from the desire in the patriarchal society for the elder to maintain his authority, where that authority was the main agent for social stability. But these are the words that not only justified the use of physical punishment on children for over a thousand years in Christian communities, but ordered it to be used. The words were accepted with but few exceptions; it is only in the last two hundred years that there has been a growing body of opinion that differed. Curiously, the gentleness of Christ towards children (Mark, X) was usually ignored". [10]
Corporal punishment was practised in Egypt, China, Greece, and Rome in order to maintain judicial and educational discipline. [11] Disfigured Egyptian criminals were exiled to Tjaru and Rhinocorura on the Sinai border, a region whose name meant "cut-off noses." Corporal punishment was prescribed in ancient Israel, but it was limited to 40 lashes. [12] In China, some criminals were also disfigured but other criminals were tattooed. Some states gained a reputation for their cruel use of such punishments; Sparta, in particular, used them as part of a disciplinary regime which was designed to increase willpower and physical strength. [13] Although the Spartan example was extreme, corporal punishment was possibly the most frequent type of punishment. In the Roman Empire, the maximum penalty which a Roman citizen could receive under the law was 40 "lashes" or 40 "strokes" with a whip which was applied to the back and shoulders, or 40 lashes or strokes with the " fasces " (similar to a birch rod, but consisting of 8–10 lengths of willow rather than birch) which were applied to the buttocks. Such punishments could draw blood, and they were frequently inflicted in public.
Quintilian (c. 35 – c. 100) voiced some opposition to the use of corporal punishment. According to Wilson, "probably no more lucid indictment of it has been made in the succeeding two thousand years". [13]
By that boys should suffer corporal punishment, though it is received by custom, and Chrysippus makes no objection to it, I by no means approve; first, because it is a disgrace, and a punishment fit for slaves, and in reality (as will be evident if you imagine the age change) an affront; secondly, because, if a boy's disposition be so abject as not to be amended by reproof, he will be hardened, like the worst of slaves, even to stripes; and lastly, because, if one who regularly exacts his tasks be with him, there will not be the need of any chastisement (Quintilian, Institutes of Oratory, 1856 edition, I, III). [13]
Plutarch, also in the first century, writes:
This also I assert, that children ought to be led to honourable practices by means of encouragement and reasoning, and most certainly not by blows or ill-treatment, for it surely is agreed that these are fitting rather for slaves than for the free-born; for so they grow numb and shudder at their tasks, partly from the pain of the blows, partly from the degradation. [14]
In Medieval Europe, the Byzantine Empire blinded and removed the noses of some criminals and rival emperors. Their belief that the emperor should be physically ideal meant that such disfigurement notionally disqualified the recipient from office. (The second reign of Justinian the Slit-nosed was the notable exception.) Elsewhere, corporal punishment was encouraged by the attitudes of the Catholic church towards the human body, flagellation being a common means of self-discipline. This had an influence on the use of corporal punishment in schools, as educational establishments were closely attached to the church during this period. Nevertheless, corporal punishment was not used uncritically; as early as the 11th century Saint Anselm, Archbishop of Canterbury was speaking out against what he saw as the excessive use of corporal punishment in the treatment of children. [15]
From the 16th century onwards, new trends were seen in corporal punishment. Judicial punishments were increasingly turned into public spectacles, with public beatings of criminals intended as a deterrent to other would-be offenders. Meanwhile, early writers on education, such as Roger Ascham, complained of the arbitrary manner in which children were punished. [16]
Peter Newell writes that perhaps the most influential writer on the subject was the English philosopher John Locke, whose Some Thoughts Concerning Education explicitly criticised the central role of corporal punishment in education. Locke's work was highly influential, and may have helped influence Polish legislators to ban corporal punishment from Poland's schools in 1783, the first country in the world to do so. [17]
A consequence of this mode of thinking was a reduction in the use of corporal punishment in the 19th century in Europe and North America. In some countries this was encouraged by scandals involving individuals seriously hurt during acts of corporal punishment. For instance, in Britain, popular opposition to punishment was encouraged by two significant cases, the death of Private Frederick John White, who died after a military flogging in 1846, [18] and the death of Reginald Cancellor, killed by his schoolmaster in 1860. [19] Events such as these mobilised public opinion and, by the late nineteenth century, the extent of corporal punishment's use in state schools was unpopular with many parents in England. [20] Authorities in Britain and some other countries introduced more detailed rules for the infliction of corporal punishment in government institutions such as schools, prisons and reformatories. By the First World War, parents' complaints about disciplinary excesses in England had died down, and corporal punishment was established as an expected form of school discipline. [20]
In the 1870s, courts in the United States overruled the common-law principle that a husband had the right to "physically chastise an errant wife". [21] In the UK, the traditional right of a husband to inflict moderate corporal punishment on his wife in order to keep her "within the bounds of duty" was similarly removed in 1891. [22] [23] See Domestic violence for more information.
In the United Kingdom, the use of judicial corporal punishment declined during the first half of the twentieth century and it was abolished altogether in the Criminal Justice Act, 1948 (zi & z2 GEo. 6. CH. 58.), whereby whipping and flogging were outlawed except for use in very serious internal prison discipline cases, [24] while most other European countries had abolished it earlier. Meanwhile, in many schools, the use of the cane, paddle or tawse remained commonplace in the UK and the United States until the 1980s. In rural areas of the Southern United States, and in several other countries, it still is: see School corporal punishment.
Key developments related to corporal punishment occurred in the late 20th century. Years with particular significance to the prohibition of corporal punishment are emphasised.
Youth rights |
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The notion of children's rights in the Western world developed in the 20th century, but the issue of corporal punishment was not addressed generally before mid-century. Years with particular significance to the prohibition of corporal punishment of children are emphasised.
67 countries, most of them in Europe and Latin America, have prohibited any corporal punishment of children.
The earliest recorded attempt to prohibit corporal punishment of children by a state dates back to Poland in 1783. [39] : 31–2 However, its prohibition in all spheres of life – in homes, schools, the penal system and alternative care settings – occurred first in 1966 in Sweden. The 1979 Swedish Parental Code reads: "Children are entitled to care, security and a good upbringing. Children are to be treated with respect for their person and individuality and may not be subjected to corporal punishment or any other humiliating treatment." [39] : 32
As of 2021 [update] , corporal punishment of children by parents (or other adults) is outlawed altogether in 63 nations (including the partially recognized Republic of Kosovo) and 3 constituent nations. [2]
For a more detailed overview of the global use and prohibition of the corporal punishment of children, see the following table.
Home | Schools | Penal system | Alternative care settings | ||
As sentence for crime | As disciplinary measure | ||||
Prohibited | 67 | 130 | 156 | 117 | 39 |
Not prohibited | 131 | 68 | 41 | 77 | 159 |
Legality unknown | – | – | 1 | 4 | – |
Domestic corporal punishment (i.e. the punishment of children by their parents) is often referred to colloquially as "spanking", "smacking", or "slapping".
It has been outlawed in an increasing number of countries, starting with Sweden in 1979. [43] [2] In some other countries, corporal punishment is legal, but restricted (e.g. blows to the head are outlawed, implements may not be used, only children within a certain age range may be spanked).
In all states of the United States and most African and Asian nations, corporal punishment by parents is legal. It is also legal to use certain implements (e.g. a belt or a paddle).
In Canada, spanking by parents or legal guardians (but nobody else) is legal, with certain restrictions: the child must be between the ages of 2–12, and no implement other than an open, bare hand may be used (belts, paddles, etc. are prohibited). It is also illegal to strike the head when disciplining a child. [44] [45]
In the UK (except Scotland and Wales), spanking or smacking is legal, but it must not cause an injury amounting to actual bodily harm (any injury such as visible bruising, breaking of the whole skin, etc.). In addition, in Scotland, since October 2003, it has been illegal to use any implements or to strike the head when disciplining a child, and it is also prohibited to use corporal punishment towards children under the age of 3 years. In 2019, Scotland enacted a ban on corporal punishment, which went into effect in 2020. Wales also enacted a ban in 2020, which has gone into effect in 2022. [46]
In Pakistan, Section 89 of Pakistan Penal Code allows corporal punishment. [47]
In 2024, children's doctors urged ministers to ban smacking children in England and Northern Ireland as their report warned that children suffer physically and mentally after being hit in their home. However, the UK government stated there were no plans to change the law on smacking in England and said it would observe the impact of legal amendments in Scotland and Wales. [48]
Corporal punishment in schools has been outlawed in many countries. It often involves striking the student on the buttocks or the palm of the hand with an implement (e.g. a rattan cane or a spanking paddle).
In countries where corporal punishment is still allowed in schools, there may be restrictions; for example, school caning in Singapore and Malaysia is, in theory, permitted for boys only.
In India and many other countries, corporal punishment has technically been abolished by law. However, corporal punishment continues to be practised on boys and girls in many schools around the world. Cultural perceptions of corporal punishment have rarely been studied and researched. One study carried out discusses how corporal punishment is perceived among parents and students in India. [49]
Medical professionals have urged putting an end to the practice, noting the danger of injury to children's hands especially. [50]
Around 33 countries in the world still retain judicial corporal punishment, including a number of former British territories such as Botswana, Malaysia, Singapore and Tanzania. In Singapore, for certain specified offences, males are routinely sentenced to caning in addition to a prison term. The Singaporean practice of caning became much discussed around the world in 1994 when American teenager Michael P. Fay received four strokes of the cane for vandalism. Judicial caning and whipping are also used in Aceh Province in Indonesia. [51]
A number of other countries with an Islamic legal system, such as Saudi Arabia, UAE, Qatar, Iran, Brunei, Sudan, and some northern states in Nigeria, employ judicial whipping for a range of offences. In April 2020, the Saudi Supreme Court ended the flogging punishment from its court system, and replaced it with jail time or fines. [52] As of 2009 [update] , some regions of Pakistan are experiencing a breakdown of law and government, leading to a reintroduction of corporal punishment by ad hoc Islamicist courts. [53] As well as corporal punishment, some Islamic countries such as Saudi Arabia and Iran use other kinds of physical penalties such as amputation or mutilation. [54] [55] [56] However, the term "corporal punishment" has since the 19th century usually meant caning, flagellation or bastinado rather than those other types of physical penalty. [57] [58] [59] [60] [61] [62] [63]
In some countries, foot whipping (bastinado) is still practised on prisoners. [64]
According to a study headed by Harvard researchers, corporal punishment like spanking could affect the brain development of children. These effects are similar to the more severe form of violence. [65] Corporal punishment is associated with physical injury and abuse, it erodes parent-child relationships, reduces cognitive abilities and IQ scores, leads to mental health problems including depression and anxiety, and it increases adult aggression and anti-social behaviors. [66]
In parts of England, boys were once beaten under the old tradition of "Beating the Bounds" whereby a boy was paraded around the edge of a city or parish and spanked with a switch or cane to mark the boundary. [67] One famous "Beating the Bounds" took place around the boundary of St Giles and the area where Tottenham Court Road now stands in central London. The actual stone that marked the boundary is now underneath the Centre Point office tower. [68]
In the Czech Republic, Slovakia, and some parts of Hungary, a tradition for health and fertility is carried out on Easter Monday. Boys and young men will spank or whip girls and young women on the bottom with braided willow branches. After the man sings the verse, the young woman turns around and the man takes a few whacks at her backside with the whip. [69] [70]
Art
Film and TV
See: List of films and TV containing corporal punishment scenes.
Spanking is a form of corporal punishment involving the act of striking, with either the palm of the hand or an implement, the buttocks of a person to cause physical pain. The term spanking broadly encompasses the use of either the hand or implement, though the use of certain implements can also be characterized as other, more specific types of corporal punishment such as belting, caning, paddling and slippering.
Flagellation, flogging or whipping is the act of beating the human body with special implements such as whips, rods, switches, the cat o' nine tails, the sjambok, the knout, etc. Typically, flogging has been imposed on an unwilling subject as a punishment; however, it can also be submitted to willingly and even done by oneself in sadomasochistic or religious contexts.
Caning is a form of corporal punishment consisting of a number of hits with a single cane usually made of rattan, generally applied to the offender's bare or clothed buttocks or hands. Caning on the knuckles or shoulders is much less common. Caning can also be applied to the soles of the feet. The size and flexibility of the cane and the mode of application, as well as the number of the strokes, may vary.
Birching is a form of corporal punishment with a birch rod, typically used to strike the recipient's bare buttocks, although occasionally the back and/or shoulders.
Child discipline is the methods used to prevent future unwanted behaviour in children. The word discipline is defined as imparting knowledge and skill, in other words, to teach. In its most general sense, discipline refers to systematic instruction given to a disciple. To discipline means to instruct a person to follow a particular code of conduct.
Impact play is a human sexual practice in which one person is struck by another person for the gratification of either or both parties which may or may not be sexual in nature. It is considered a form of BDSM.
A spanking paddle is an implement used to strike a person on the buttocks. The act of spanking a person with a paddle is known as "paddling". A paddling may be for punishment, or as an initiation or hazing ritual.
Caning is a widely used form of corporal punishment in Singapore. It can be divided into several contexts: judicial, prison, reformatory, military, school and domestic. These practices of caning as punishment were introduced during the period of British colonial rule in Singapore. Similar forms of corporal punishment are also used in some other former British colonies, including two of Singapore's neighbouring countries, Malaysia and Brunei.
Corporal punishment is banned in the penal and education systems of the Republic of China (Taiwan), but there are no laws banning its use in the home. However, as of 22 March 2023, there is a draft amendment of Article 1085 of the Civil Law that may make some forms of corporal punishment in the home illegal if it comes into effect.
Strapping refers to the use of a strap as an implement of corporal punishment. It is typically a broad and heavy strip of leather, often with a hard handle, the more flexible 'blade' being applied to the offender.
Caning, also referred to as whipping in traditional British legislative terminology, is used as a form of corporal punishment in Malaysia. It can be divided into at least four contexts: judicial/prison, school, domestic, and sharia/syariah. Of these, the first is largely a legacy of British colonial rule in the territories that are now part of Malaysia, particularly Malaya.
School corporal punishment is the deliberate infliction of physical pain as a response to undesired behavior by students. The term corporal punishment derives from the Latin word for the "body", corpus. In schools it may involve striking the student on the buttocks or on the palms of their hands with an implement such as a rattan cane, wooden paddle, slipper, leather strap, belt, or wooden yardstick. Less commonly, it could also include spanking or smacking the student with an open hand, especially at the kindergarten, primary school, or other more junior levels.
Judicial corporal punishment is the infliction of corporal punishment as a result of a sentence imposed on an offender by a court of law, including flagellation, forced amputations, caning, bastinado, birching, or strapping. Legal corporal punishment is forbidden in most countries, but it still is a form of legal punishment practiced according to the legislations of Brunei, Iran, Libya, the Maldives, Malaysia, Saudi Arabia, Singapore, the United Arab Emirates, Yemen, and Qatar, as well as parts of Indonesia and Nigeria.
Physical or corporal punishment by a parent or other legal guardian is any act causing deliberate physical pain or discomfort to a minor child in response to some undesired behavior. It typically takes the form of spanking or slapping the child with an open hand or striking with an implement such as a belt, slipper, cane, hairbrush, paddle, whip, or hanger. On a looser definition, it can also include shaking, pinching, forced ingestion of substances, or forcing children to stay in uncomfortable positions.
Campaigns against corporal punishment aim to reduce or eliminate corporal punishment of minors by instigating legal and cultural changes in the areas where such punishments are practiced. Such campaigns date mostly from the late 20th century, although occasional voices in opposition to corporal punishment existed from ancient times through to the modern era.
Domestic discipline most commonly refers to as the practice of fully consensual corporal discipline between two competent adult partners in a relationship, but also may refer to:
Corporal punishment, sometimes referred to as "physical punishment" or "physical discipline", has been defined as the use of physical force, no matter how light, to cause deliberate bodily pain or discomfort in response to undesired behavior. In schools in the United States, corporal punishment takes the form of a school teacher or administrator striking a student's buttocks with a wooden paddle.
Corporal punishment of minors in the United States, meaning the infliction of physical pain or discomfort by parents or other adult guardians, including in some cases school officials, for purposes of punishing unacceptable attitude, is subject to varying legal limits, depending on the state. Minor children in the United States commonly experience some form of corporal punishment, such as spanking or paddling. Despite opposition from medical and social-services professionals, as of 2024, the spanking of children is legal in all 50 states and, as of 2014, most people still believe it is acceptable provided it does not involve implements. Corporal punishment is in the United States usually considered distinct from illegal child abuse, although the distinction can often be vague.
The legality of corporal punishment of children varies by country. Corporal punishment of minor children by parents or adult guardians, which is intended to cause physical pain, has been traditionally legal in nearly all countries unless explicitly outlawed. According to a 2014 estimate by Human Rights Watch, "Ninety percent of the world's children live in countries where corporal punishment and other physical violence against children is still legal". Many countries' laws provide for a defence of "reasonable chastisement" against charges of assault and other crimes for parents using corporal punishment. This defence is ultimately derived from English law. As of 2024, only three of seven G7 members and seven of the 20 G20 member states have banned the use of corporal punishment against children.
Elizabeth Thompson Gershoff is Professor of Human Development and Family Sciences at the University of Texas at Austin. She is known for her research on the impact of corporal punishment in the home and at school on children and their mental health.