Campaigns against corporal punishment

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Legal status of corporal punishment of children as of 2019
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Illegal
Legal (at least partially) Map of domestic corporal punishment abolition.svg
Legal status of corporal punishment of children as of 2019:
  Illegal
  Legal (at least partially)

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.

Contents

The UN Committee on the Rights of the Child defines "corporal punishment" as:

any punishment in which physical force is used and intended to cause some degree of pain or discomfort, however light. Most involves hitting ("smacking", "slapping", "spanking") children, with the hand or with an implement – whip, stick, belt, shoe, wooden spoon, etc. But it can also involve, for example, kicking, shaking or throwing children, scratching, pinching, biting, pulling hair or boxing ears, forcing children to stay in uncomfortable positions, burning, scalding or forced ingestion. [2]

History

Quintilian and Plutarch, both writing in the 1st century A.D., expressed the opinion that corporal punishment was demeaning to those who were not slaves, meaning the children of the freeborn. [3] [4] In contrast, according to the classicist Otto Kiefer, Seneca remarked to his friend Lucilius, "Fear and love cannot live together. You seem to me to do right in refusing to be feared by your slaves and chastising them with words alone. Blows are used to correct brute beasts". [5]

However, according to Robert McCole Wilson, "it is only in the last two hundred years that there has been a growing body of opinion" opposed to corporal punishment. [6]

Australia

Jordan Riak began working against corporal punishment when he was residing with his children in Sydney, Australia. [7] Corporal punishment was eventually banned in the public schools of all Australian states, and the private schools of all states except Queensland.

United Kingdom

In the United Kingdom, one of the earliest organised campaigns was that of the Humanitarian League, with its regular magazine The Humanitarian, which campaigned for several years for the abolition of the chastisement of young seamen in the Royal Navy, a goal partially achieved in 1906 when naval birching was abandoned as a summary punishment. [8] However, it did not manage to get the Navy to abolish caning as a punishment, which continued at Naval training establishments until 1967. [9]

The Howard League for Penal Reform campaigned in the 1930s for, among many other things, the abolition of judicial corporal punishment by cat-o'-nine-tails or birching. [10] This was eventually achieved in the U.K. in 1948. [11]

The Society of Teachers Opposed to Physical Punishment (STOPP) was set up in the U.K. in 1968 to campaign for the abolition of corporal punishment in UK schools. [12]

STOPP was a very small pressure group that lobbied government, local authorities and other official institutions. It also investigated individual cases of corporal punishment and aided families wishing to pursue their cases through the UK and European courts. [13]

The UK Parliament abolished corporal punishment in state schools in 1986. [14] STOPP then wound itself up and ceased to exist, though some of the same individuals went on to form EPOCH (End Physical punishment Of Children) to campaign to outlaw spanking, and spanking in the domestic setting.

A campaign by the name of Children Are Unbeatable! involves more than 350 separate groups, including the National Society for the Prevention of Cruelty to Children, Barnardo's, Save the Children, Action for Children (formerly NCH), and the National Children's Bureau. [15]

Canada

In CFCYL v. Canada, the Supreme Court of Canada upheld section 43 of the Criminal Code, which allows for a defence of reasonable use of force by way of correction towards children.

United States

An early U.S. activist against corporal punishment was Horace Mann, who in the 19th century unsuccessfully opposed its use in schools. [16]

Several organizations have been formed in the United States to advocate abolishing corporal punishment in homes and/or schools, including:

Individuals who have directly advocated against corporal punishment include, but are not limited to:

Worldwide

An organisation called "Global Initiative To End All Corporal Punishment Of Children" was formed in 2001 to campaign for the worldwide prohibition by law of all corporal punishment of children, in homes, schools, penal institutions, and other settings. It seeks to monitor the legal situation in every country of the world. [32] The Global Initiative has received endorsement from UNICEF, UNESCO, the United Nations High Commissioner for Human Rights, the Commissioner for Human Rights of the Council of Europe, the Parliamentary Assembly of the Council of Europe, and the European Network of Ombudsmen for Children. [33]

In 2008, the UN Study on Violence against Children set a target date of 2009 for universal prohibition, including in the home, [34] an aim described by The Economist the same year as "wildly unrealistic". [35]

The Society for Prevention of Injuries & Corporal Punishment [SPIC] is an Indian organization advocating measures to stop corporal punishment in schools by making teachers and students aware of its dangers. [36]

In Austria the White Hand Campaign for a worldwide legal ban on child corporal punishment tries to raise awareness for the topic in the German-speaking countries. [37]

See also

Related Research Articles

<span class="mw-page-title-main">Spanking</span> Corporal punishment of striking the buttocks

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, the use of implements can also refer to the administration of more specific types of corporal punishment such as caning, paddling and slippering.

<span class="mw-page-title-main">Corporal punishment</span> Punishment intended to cause physical pain

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.

<span class="mw-page-title-main">Flagellation</span> Whipping as a punishment

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.

<span class="mw-page-title-main">Caning</span> Punishment method

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.

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.

<span class="mw-page-title-main">Purley High School for Boys</span> School in Coulsdon, Greater London, England

Purley High School for Boys existed from 1914 to 1988. Originally located in Purley from 1914, in 1936 it relocated to Placehouse Lane, Old Coulsdon, London Borough of Croydon. The school was Purley County Grammar School from 1914 to 1969, becoming Purley Grammar School for Boys and then, in 1973, Purley High School for Boys after the abolition of the Grammar School system and the implementation of the Comprehensive System.

<span class="mw-page-title-main">Slippering</span> Type of corporal punishment

Slippering is a term for the act of smacking the buttocks, or the hands, with a slipper or a slide as a form of corporal punishment. A slippering on the buttocks is a form of spanking; it is a much more common method than slippering on the hands. The verb "to slipper" means "to give a slippering". Slipperings are particularly associated with Britain and Commonwealth countries, although not exclusively so.

<span class="mw-page-title-main">Corporal punishment in Taiwan</span>

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.

<i>Ingraham v. Wright</i> 1977 United States Supreme Court case

Ingraham v. Wright, 430 U.S. 651 (1977), was a United States Supreme Court case that upheld the disciplinary corporal punishment policy of Florida's public schools by a 5-4 vote. The judgment specified that such corporal punishments have no prohibition in public schools unless those punishments are “degrading or unduly severe”.

Jordan Riak was a teacher and activist against corporal punishment who drafted the 1986 bill which banned corporal punishment from public schools in California.

<span class="mw-page-title-main">Strapping (punishment)</span> Type of corporal punishment

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.

<span class="mw-page-title-main">School corporal punishment</span> Form of punishment

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 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.

<span class="mw-page-title-main">Judicial corporal punishment</span> Punitive practice

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.

<span class="mw-page-title-main">Corporal punishment in the home</span> Form of punishment used by parents to inflict physical pain or discomfort

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 or paddle, whip, hanger, and can also include shaking, pinching, forced ingestion of substances, or forcing children to stay in uncomfortable positions.

<span class="mw-page-title-main">School corporal punishment in the United States</span> United States corporal punishment in schools

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.

<span class="mw-page-title-main">Corporal punishment of minors in the United States</span> Infliction of pain or discomfort on minors as punishment

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 Islamic Republic of Iran signed the UN Convention on the Rights of the Child (CRC) in 1991 and ratified it in 1994. Upon ratification, Iran made the following reservation: "If the text of the Convention is or becomes incompatible with the domestic laws and Islamic standards at any time or in any case, the Government of the Islamic Republic shall not abide by it."

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 including seven of the 20 G20 member states have banned the use of corporal punishment against children.

<span class="mw-page-title-main">Elizabeth Gershoff</span> American psychologist

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.

George Walker Holden is a professor and developmental psychologist working at the Southern Methodist University, where he was the former Chair of the Psychology Department. Holden is the co-founder of the U.S. Alliance to End the Hitting of Children and the author of several books on the subject of child development.

References

  1. "States which have prohibited all corporal punishment". Global Initiative to End All Corporal Punishment of Children. Archived from the original on 19 December 2016. Retrieved 6 April 2017.
  2. "General comment No. 8 (2006): The right of the child to protection from corporal punishment and or cruel or degrading forms of punishment (articles 1, 28(2), and 37, inter alia)". United Nations Committee on the Rights of the Child, 42nd Sess., U.N. Doc. CRC/C/GC/8. 2 March 2007. Retrieved 27 January 2015.
  3. Wilson, Robert M. (1999), A Study of Attitudes Towards Corporal Punishment as an Educational Procedure From the Earliest Times to the Present, 2.6, archived from the original on 14 March 2011, retrieved 18 May 2015, '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...' (Quintilian, Institutes of Oratory, 1856 edition, I, III)
  4. Plutarch. Moralia. The Education of Children. Loeb Classical Library. Harvard University Press. 1927. 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.
  5. Keifer, Otto (1934). Sexual Life in Ancient Rome. Routledge, 2009. p. 104. ISBN   9780710307019.
  6. Wilson, Robert M., 2.3 Archived 14 March 2011 at the Wayback Machine
  7. Stephanie Salter (14 January 1996). "The movement to make child abuse official". San Francisco Chronicle. Retrieved 18 March 2008.
  8. Gibson, Ian. The English Vice, Duckworth, London, 1978, pp.171-176. ISBN   0-7156-1264-6
  9. Roxan, David. "Storm over canings for Navy boys", News of the World , London, 23 April 1967.
  10. Benson, G. Flogging: The Law and Practice in England, Howard League for Penal Reform, London, 1937. OCLC   5780230
  11. "Power to order flogging: Abolition approved in Committee", The Times, London, 12 December 1947.
  12. Jessel, Stephen. "The high cost of cutting out the cane". The Times, London, 28 September 1972.
  13. Hodges, Lucy. "Caned schoolgirl awarded £1,200". The Times, London, 27 February 1982.
  14. Gould, Mark. "Sparing the rod". The Guardian , London, 9 January 2007.
  15. Press Association (19 May 2004). "71% support parental smacking ban, survey finds", The Guardian, London.
  16. Maurer, Adah; Wallerstein, James S. (1987). "The Influence of Corporal Punishment on Crime". The Natural Child Project. Retrieved 27 January 2015.
  17. Hendrix, Steve (3 January 2013). "The End of Spanking?". The Washington Post. Retrieved 27 January 2015.
  18. Mulvaney, Erin (4 March 2014). "Houston lawmaker's bill would stop 'paddling' in the classroom". Houston Chronicle. Retrieved 27 January 2015.
  19. Chason, Rachel (18 July 2014). "As more schools ban paddling, others defend it". USA Today. Retrieved 27 January 2015.
  20. "Lake School Board considers ban on corporal punishment" . Orlando Sentinel. 20 June 2015. Retrieved 24 December 2015.
  21. "Home". wethechildrenfoundation.com.
  22. "Archives". Los Angeles Times . 24 January 1999.
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  24. "Nobody's Property".
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  28. Washington, Jala. "'Beatyourchildren.com' billboard looks to spread awareness about corporal punishment". WLOS. Retrieved 4 February 2018.
  29. "BeatYourChildren.com Billboard Sponsor Wants to End Corporal Punishment". Friendly Atheist. Retrieved 4 February 2018.
  30. "'Is this your Jesus?' Painting protests Tennessee's corporal punishment laws". The Tennessean. Nashville. Retrieved 4 February 2018.
  31. "ArtPrize entry takes aim at 'extreme Christianity,' spanking". MLive.com. Retrieved 4 February 2018.
  32. "Welcome to the Global Initiative - Global Initiative to End All Corporal Punishment of Children" . Retrieved 16 December 2016.
  33. "Recommendation 1666 (2004): Europe-Wide Ban on Corporal Punishment of Children". Parliamentary Assembly, Council of Europe (21st Sitting). 23 June 2004. Retrieved 18 December 2015.
  34. "The United Nations Study on Violence against Children". Office of the United Nations High Commissioner for Human Rights.{{cite web}}: Missing or empty |url= (help)
  35. "Spare the rod, say some". The Economist. London. 29 May 2008. Retrieved 25 September 2010.
  36. "Forensicwayout.org - Dr. Gorea's Site" . Retrieved 16 December 2016.
  37. "White Hand Kampagne für ein weltweites Verbot der Körperstrafe in der Kindererziehung" . Retrieved 21 April 2022.

Further reading