International Laws on Corporal Punishment

Hello everyone,

In my last blog I discussed Canada’s law regarding corporal punishment, which was allowed under section 43 of the Criminal Code. In today’s blog I will touch upon some international laws regarding corporal punishment on children.

Physical discipline on children is a debatable topic, so it is no surprise that different jurisdictions have different laws that apply to the issue.  After reviewing some online journals, it appears that corporal punishment is an issue that revolves around culture and society.

Online journals, such as Corporal Punishment of Children: A Multi-Generational Perspective by Asher Ben-Arieh and Muhammad M. Haj-Yahia, discuss that corporal punishment is as much as a generational matter as it is a societal and legal issue. The article, which focuses on Israeli Jewish families as a target population for their generational study, notes that as of 2004 countries such as Sweden and Germany have prohibited corporal punishment, while countries like the UK have legislated its use and counties, such as Israel, has dealt with the issue through their legal system (Ben-Arieh, A. & Haj-Yahia, M. 2008, 687).

In another online article titled Jamaican Child-Rearing Practices: The Role of Corporal Punishment, the authors, Delores Smith and Gail Mosby discuss the role of corporal punishment as an approved method of child rearing. They note that in some cases, the severity of physical punishment on children might be viewed as too harsh in Western cultures whereas it is acceptable in Caribbean cultures (Smith, D. & Mosby, G., 2003).

Finally, in another article titled Paddling and Pro-Paddling Polemics: Refuting Nineteenth Century Pedagogy, Irwin A. Hyman, Jacqueline A. Stefkovich and Shannon Taich breakdown the acceptability of corporal punishment in various U.S. states. They explain that corporal punishment can only be accepted when it uses “reasonable” force; however “reasonable” force is vague term where its interpretation could mean an illegal act in Pennsylvania and New Jersey, but a legal act in Texas  (Hyman, I.A., Stefkovich, A.J. & Taich, S., 2002, 75). Ultimately, the article addresses the fact that several states have their own laws regarding the acceptability of corporal punishment.

In my next blog I will continue my discussion regarding the United States’ perspective on corporal punishment on children versus Canada’s law on corporal punishment. In the meantime, I encourage readers to share their opinions regarding this matter.

SOURCES:

Ben-arieh, A., & Haj-yahia, M. (2008). Corporal punishment of children: A multi-generational perspective. Journal of Family Violence, 23(8), 687-695.

Hyman, I. A., Stefkovich, J. A., & Taich, S. (2002). Paddling and pro-paddling polemics: Refuting nineteenth century pedagogy. Journal of Law and Education, 31(1), 74-84.

Smith, D. & Mosby, G. (2003). Jamaican Child-Rearing Practices: The Role of Corporal Punishment. Adolescence, 38(150), 369-381.