The Corporal Punishment Debate - Case Study Example

INTRODUCTION In the Philippines, a mom beat her son on the head with a broomstick after finding out that he had been stealing electric cables. The next morning, the boy was found unconscious by his siblings and taken to the hospital where he later died of traumatic head injuries. (Aurelio, J., 2009) For the mom, the deed was just punishment for the son’s misdeed. For some societies, the mom’s behavior is cruel and uncalled for. The sad truth is corporal punishment for children, although it may not be a humane way to discipline children, has long been recognized as a means to keep the young ones in line. In Texas, two-year old Riley Ann died on the spot when she was supposedly flung to the other side of the room during an “obedience training session” with her mom and stepfather. (Callebs, S., 2007) According to the mother, the toddler was having difficulty saying “please” and “yes, sir”. Obviously, this situation has gone beyond reasonable. Riley Ann’s parents were sent to jail for parricide. In Montreal, Quebec, a 9-year old autistic boy was found lifeless in his classroom on April 17, 2008 due to suffocation from a therapeutic blanket wrapped around his head by his teacher as a punishment for being disruptive. (Glocwood, R., 2009) Corporal punishment for children is not a new thing. It has been practiced even before civilization as we know it. Since ancient times, corporal punishment on children has been recorded in literature, art and science. (Ten Bensel, Rheinberger, Radbill, 1997) In ancient Rome, corporal punishment was seen as both necessary and virtuous: “Most of the ancient philosophers and law-makers were in favour of flogging children, not only as a means of inducing them to conduct themselves well and tell the truth, but also an aid to education itself” (Scott, G.R., 1951). Even now some people even refer to the Bible which contains phrases such as Proverbs 23:13 that talk about disciplining children: “Withhold not correction from the child: for it thou beatest him with the rod, he shall not die.” According to early Christian sources, children’s obedience was a necessary element of family life. Didache 4-9 and Barnabas 19-5 warned parents not to withhold corporal punishment from son or daughter but to “teach [didaxeis] them the fear of God” from their “youth” (neotetos). (Horn, C. and Martens, J., 2009) For decades the right to punish or discipline children as families saw fit was considered a parental privilege. (Marotz, L., 2009) Different forms of punishment have evolved in history, proving that most parents believe with the pain from punishment comes the necessary discipline children need to have. From the Middle Ages until the 20th century, children were hit by their school teachers or parents with rods, birch twigs, bamboo canes, wooden rulers, a slipper/trainer, a leather strap with two or three tails, a wooden spoon or hairbrushes. (Lambert, T. 2008) Even in modern times some places still consider reprimanding children by inflicting physical pain on them as just acts of punishment and not a violation of the child’s rights. In Singapore, flogging, the act of whipping the body with some object, is still a common punishment for crimes. The most controversial account of flogging in Singapore involved American teenager Michael Fay who was sentenced to 4 strokes of the cane for two counts of vandalism he had committed. Despite being called barbaric for the said sentence, support for Singapore “stemmed largely from an appreciation of Singapore’s low-crime environment and a belief that this was made possible by its strict laws.” (Chew, V., 2009) In the United Kingdom, Lord Justice Ward, in a landmark decision in the country, upheld a lower court’s decision on a child abuse case stating “The harm must, in my judgment, be significant enough to justify the intervention of the State and disturb the autonomy of the parents to bring up their children by themselves in the way they chose.” (Hale, B., 2009) The ruling was in response to a decided case where a child was kicked and slapped by her parent as chastisement. The current law allows parents to hit their child as long as no bruise is caused. In cases related to corporal punishment at state or private schools, the European Court of Human Rights refused to hold that corporal punishment in itself, regardless of severity or form of administration, is degrading. (Tonry, M. and Frase, R., 2001) Unless they fall under the general definition of inhuman or degrading punishment, corporal criminal penalties are not prohibited. In the United States there are still 27 states where corporal punishment is still legal and used more than people can imagine, especially in the southern states. (DiPietro, J., 2003) In Canada, giving physical punishment to the children is actually legal as per the country’s criminal code. 75% of Canadian parents use physical discipline in their attempts to control or change their children’s behavior. (Durrant, J, 1996) In the midst of all this, “however, the UN Convention on the Right of the Child and Standard Minimum Rules for the Administration of Juvenile Justice expressly ban judicial corporal punishment on juveniles.” (Tonry, M. and Frase, R., 2001) PROBLEM IDENTIFICATION Parents have continuously given the argument that as parents they will not logically inflict more pain than necessary on their children. They add that although disciplining their child sometimes calls for strict measures such as spanking they know when to stop. In justifying this method of disciplining, some refer to their personal experiences as a child and how psychologically-balanced they turned out to be even with a history of spanking. Furthermore, disciplining one’s child is a private matter among families. As such, parents are in the best position to determine how to discipline their children. Indeed, most parents resort to corporal punishment believing this way is a more effective way to discipline their children. However, “there is considerable support to conclude that corporal punishment, as well as not being in the best interests of the child, is potentially dangerous to the development of the child and to society.” (Covell, K. and Howe, R.B., 2001) In Canada, where corporal punishment for children has been an existing law, the question everyone seems to ask is why does hitting a full-grown individual who can defend himself cause for a criminal or civil offense but hitting a defenseless child is not? In addition, the law says that physical punishment is okay as long as it is “reasonable under the circumstances.” (CRIN, 2010) Who can say what degree of corporal punishment is appropriate or justified if a child needs to be punished? How many strokes of the belt or paddle should be meted out for, example, not observing house rules? Many advocates for children’s rights have argued for the repeal of the Canadian law on corporal punishment for children. Nevertheless, in the case of Canadian Foundation for Children, Youth and the Law vs. Canada (2004), the Canadian Supreme Court of Canada decided that Section 43 of the Canadian Criminal Code was not incompatible with the Convention on the Rights of the Child and the Canadian Charter of Rights and Freedom. “On average, fifty children a year die in Canada as a result of injuries sustained in what their assailants believed to be an administration of corporal punishment – a number second only to that from Sudden Infant Death Syndrome (SIDS) as a cause of child fatalities.” (Turner, S. 2002) Even with this statistic and the urging of other countries, the Canadian government does not show any signs of changing Section 43. AGENDA SETTING In Ontario and most territories in Canada, corporal punishment is permitted in the home. Section 43 of the Criminal Code (“Protection of Persons in Authority”) states: “Every schoolteacher, parent or person standing in the place of a parent is justified in using force by way of correction toward a pupil or child, as the case may be, who is under his care, if the force does not exceed what is reasonable under the circumstance”. (Lawfulness of corporal punishment, 2008) When adults hit another in Canada, the act is a criminal assault but “when a parent hits a child, our shared understanding of aggression, violence and illegitimate use of force is suspended. We debate the effectiveness of child physical punishment – “spanking” – in correcting children’s behavior.” (McGillvray, A and Durrant, J., 2006) A 2002 survey found that 50% of parents reported that they or their spouse had “inflicted light corporal punishment, like a slap” on their children. (Canadian Press and Leger Marketing, 2002) This is a disturbing figure as it implies there are children in the world who get hit almost every second. Children are children – playful, loud, annoying. They do not choose a time to be overexcited. Since this is the case and parents believe in corporal punishment then it can be assumed that the minute children get too rowdy for comfort, parents easily land a slap on their children. Such facts should be publicized so that the public becomes aware of the seriousness behind this issue. Research should be done on the long-term effect(s) of corporal punishment on Canadian children. Results of this research should be compiled and published so more people would know about this problem. Talk shows are encouraged to air segments dealing with corporal punishment on children and its effects on the family & society. It is hoped that this new attention on corporal punishment would be sufficient reason for the government to take a closer look at the issue and make it part of their agenda. A case brought by a children’s rights organization against the Canadian courts on a ruling the latter made pro-corporal punishment for children has somehow brought the issue in the limelight. However, “despite decades of research that has overwhelmingly supported the elimination of corporal punishment, the Canadian government has been reluctant to abolish its use.” (Durrant, J., 1996) Advocates of children’s rights and civic groups against corporal punishment for children should not let themselves be hindered by the Court’s decision. “Social science evidence on the negative effects of corporal punishment has been accepted by the federal government, and it seems likely that Canada will soon join the list of countries that prohibit the practice.” (Bailey, M., 2005) POLICY FORMULATION Policies already exist in some states, punishing those who give out corporal punishment to children. In Atlanta, GA, a man was sentenced to 5 years, 6 months of it in jail and 6 months under electronic monitoring, for slapping another person’s toddler at Wal-Mart because the mom could not get the 2-year old to stop crying. (Kass, J., 2010) The Declaration of the Rights of the Child indicates that “the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth.” (Convention, 1989) Despite this, the government of Canada has remained supportive of this manner of disciplining children. The Canadian legislature should propose for the repeal of the current law on corporal punishment for children as what its neighboring countries have done. As of recent, the only show of change from the Canadian government is in a judgment by the Supreme Court which somehow described the “reasonable” clause of Section 43, setting a limit on the degree of physical acts allowed. According to the ruling “It would not be reasonable to use corporal punishment for children under age two or for teenagers. Nor would it be reasonable to use implements like rulers or belts, or to strike a child on the face or head.” (The Associated Press, 2004) Children of any age are entrusted to the parents by society and the government under the assumption that they will be reared with care. A new policy should be formed making it illegal for any parent to result to any physical means of disciplining or punishing their children. Parents are to be limited to giving just a good scolding when their children misbehave. Parents who will not follow this regulation and inflict corporal punishment will be sentenced to jail. The jail term will be dependent on the severity of the corporal punishment inflicted on the child as slapping a child would not necessitate the same degree of punishment as beating a child with a belt or paddle. As children are defenseless members of society, the Rights of the Child were created to protect them. As of November 2009, there are 25 states in full support of abolishing corporal punishment for children in accordance with this international document. (End Corporal Punishment, 2009) It is hoped that the law-makers of the Canadian government will put this issue on their agenda and consequently concur with these 25 states. POLICY IMPLEMENTATION Obviously, short of installing lapel cameras on the parents so as to be able to observe their actions each second, it will be a difficult task to monitor if parents have resorted to just scolding a misbehaving child. For this policy, it is suggested that children be advised by their schools to report any incident of corporal punishment given by their parents. Teachers should always remind the children to keep the emergency number nearby. They should also encourage the children not to be afraid to report their parents. Governments should cooperate with the media in implementing the policy as TV and print ads are the fastest way to distribute new information. Schools and municipalities should also be encouraged to create their own campaigns to spread the new policy. The new policy, in full, must also appear on the government websites and pro-children rights’ websites. Pamphlets containing the new rule, its penalties and the reason behind it must be brought to each home via distribution of pamphlets in each congressional district. CONCLUDING ANALYSIS The Canadian court has recorded numerous civil and criminal cases involving corporal punishment in the school, institutions and family such as that of “R v. Dimmel” in 1980 where a teacher from Ontario was found not guilty for hitting a 15-year old student. (Bezeau, L., 2006) Punishment is the act of imposing a penalty on for a fault, offense or violation. There is no mention of the punishment being a physical one. Thus, the decision of giving corporal punishment to children is only made by the parents. With this scenario, abuse is not very far behind as the parents have full authority to apply any kind of physical punishment or any degree of such. The Canadian government, nevertheless, has maintained that their rule on corporal punishment for children is neither inconsistent or a violation of the Rights of the Child. The Committee on the Rights of the Child has criticized legal provisions that attempt to draw a line between acceptable and unacceptable forms of corporal punishment. (Hodgkin and Newell, 1998) There is no existing standard on what kind of corporal punishment is appropriate for a child’s misdemeanor. It follows therefore that any distinction with regards to the proper corporal punishment allowed for parents leaves room for criticisms and questions. Once again, the Canadian government continues to uphold their national policy, giving a limit to what is “reasonable” physical punishment and the age of children who cannot receive this kind of punishment. There is no denying that the responsibility and authority of disciplining children come from their parents and any policy restricting this power will prove to be a violation of the parents’ freedom. However, because they are tasked to provide a safe environment for every person in society, governments should not overlook that children are the weakest members and thus need the most protection. Inasmuch, officials should have the authority to intervene in parental authority should the latter be disadvantageous to the children. Furthermore, any policy allowing willful infliction of pain on a child is a violation of the rights of the child. Elizabeth Crary (1993) says that spanking is only one way to establish limits for children and, in her book, offers 32 alternatives to spanking. “Physical punishment can be harmful to a child’s mental health. The child receives confusing messages about how love is linked with pain, and anger with submission. Instead of teaching a child how to resolve conflict, physical punishment contributes to the violence in our culture by teaching a child that violence is an acceptable form of behavior.” (Lewis, S., 1999) It is best to remember that the first way children learn is to imitate and the first people children imitate are members of their families. If they are exposed to physical punishment, then this kind of behavior is what they may end up imitating as they grow older and have children of their own. This will only lead to a never-ending cycle of hurt within the family and the society. REFERENCES: Aurelio, J. (2009). Raps vs. mom who beats son with a broom. Philippine Daily Inquirer. Retrieved on March 13, 2010 from http://newsinfo.inquirer.net/breakingnews/metro/view/20090919-226001/Raps-vs-mom-who-beat-son-with-broom Associated Press. (2004). Canadian Court: Spanking Kids OK. CBS News. Retrieved on March 18, 2010 from http://www.canadiancrc.com/Newspaper_Articles/CBS_Canadian_Court_Spanking_30JAN04.aspx Bailey, M. (2005). The Corporal Punishment Debate in Canada. The Family Court Review: An Interdisciplinary Journal. 41 (4). pp. 508-516. 10.1111/j.174-1617.2003.tb00911.x Bezeau, L. (2006). Bibliography of Reported Corporal Punishment Cases in Canada. Retrieved on March 29, 2010 from http://www.unb.ca/centres/nbcea/corpbib.html Calleb, S. (2007). Police: Mother describes beating of 2-year-old, hiding her body. CNN.COM International/US. Retrieved on March 12, 2010 from http://edition.cnn.com/2007/US/11/26/body.found.arrest/ Canadian Press and Leger Marketing. (2002). Child Abuse Report. Montreal, PQ: Canadian Press and Leger Marketing. Chew, V. (2009). Michael Fay. Infopedia Talk. Retrieved on March 12, 2010 from http://infopedia.nl.sg/articles/SIP_1554_2009-08-06.html Convention on the Rights of the Child. (1989) Retrieved on March 15, 2010 from http://www.hrweb.org/legal/child.html Covell, K. and Howe, R.B. (2001). The challenge of children’s rights for Canada. Ontario: Wilfrid Laurier University Press. Crary, E. (1993). Without Spanking or Spoiling: A practical approach to toddler and preschool guidance. Seattle: Parenting Press, Inc. CRIN (2010). Canadian Foundation for Children, Youth and the Law v. Canada. Child Rights Information Network. Retrieved on March 18, 2010 from http://www.crin.org/Law/Instrument.asp?InstID=1415 DiPietro, J. (2003) Corporal Punishment in Beverly and Cambridge, MA: Just or Just Plain Mean? History of Education. Retrieved on March 12, 2010 from http://www.primaryresearch.org/PRTHB/schoolhistory/display.php?file=dipietro Durrant, J. (1996). Public Attitudes Toward Corporal Punishment. In D. Frehsee, W. Horn, K. Bussmann’s (Eds.) Family violence against children: a challenge for society. Berlin: Walter de Gruyter & Co. End Corporal Management Organization. (2009). States with full abolition. Retrieved on March 17, 2010 from http://www.endcorporalpunishment.org/pages/progress/prohib_states.html Glocwood, R. (2009). Review Essay: Corporal Punishment in Schools. Retrieved on March 25,2010 from http://youngphillypolitics.com/review_essay_corporal_punishment_schools Hale, B. (2009). Physically punishing a child with a smack (or a kick) is NOT against the law, says senior woman judge. MailOnline. Retrieved on March 12, 2010 from http://www.dailymail.co.uk/news/article-1203506/Physically-punishing-child-NOT-law-High-Court-draws-line-discipline-physical-abuse.html Hodgkin, R. and Newell, P. (2007). Implementation Handbook for the Convention on the Rights of the Child. New York: United Nations Children’s Fund. Horn, C. and Martens, J. (2009). Let the little children come to me: childhood and children in Early Christianity. Washington, DC:The Catholic University of America Press. Kass, J. (2010). Man who slapped child in Wal-Mart found guilty of child cruelty. Atlanta Northside Family & Parenting Examiner. Retrieved on March 15, 2010 from http://www.examiner.com/x-3958-Atlanta-Northside-Family--Parenting-Examiner~y2010m1d19-Man-who-slapped-child-in-WalMart-found-guilty-of-child-cruelty Lambert, T. (2008). A brief history of corporal punishment. Retrieved on March 13, 2010 from http://www.localhistories.org/corporal.html Lawfulness of corporal punishment. (2008). Retrieved on March 12, 2010 from http://www.endcorporalpunishment.org/pages/progress/reports/canada.html#LegalStatus Lewis, S. (1999). An Adult’s Guide to childhood trauma: understanding traumatized children in South Africa. Claremont: David Philip Publishers (Pty) Ltd. Marotz, L. (2009). Health, Safety and Nutrition for the Young Child. Florence, KY: Cengage Learning, Inc. McGillvray, A. and Durrant, J. (2006) Child corporal punishment: Violence, law, and rights. In C. Vine and R. Alaggia’s (Eds.) Cruel but not unusual: violence in Canadian families. (pp. 177-200). Ontario, CA: Wilfred Laurier University Press Scott, G.R. (1951). The history of corporal punishment: A survey of flagellation in its historical, anthropological and sociological aspects. London, UK: Torchstream Books Ten Bensel, R.W., Rheinberger, M.M, and Radbill, S.X. (1997). Children in a world of violence: the roots of child maltreatment. In R.E. Helfer, K.S. Kempe and R. D. Krugman’s (Eds.), The battered child. (pp. 3-28). Chicago, IL: University of Chicago Press. The Canadian Foundation for Children, Youth and the Law v. The Attorney General of Canada. (2004). Retrieved on March 18, 2010 from http://www.justice.gc.ca/eng/news-nouv/ fs-fi/2004/doc_31114.html Tonry, M. and Frase, R. (2001). Sentencing and sanctions in western countries. New York: Oxford University Press, Inc. Turner, S. (2002). Something to cry about: an argument against corporal punishment of children in Canada. Ontario:Wilfrid Laurier University Press. Read More