Forty three states worldwide now prohibit corporal punishment in all settings.
2 December 2014
In late November 2014, Estonia became the 43rd state to prohibit corporal punishment of children in all settings. Earlier in the month, San Marino had done the same. A list of the countries that have now banned corporal punishment of children is available here.
Europe, South America and Africa have experienced a steady increase in the number of states prohibiting corporal punishment in all settings in the last year or so. Asia and the Pacific, our region, is lagging far behind with New Zealand still the only country to have effectively banned corporal punishment of children. It is interesting to speculate about why this part of the world is slower to give children their human rights entitlement to physical integrity and protection from violence. The reasons for the slowness will be complex but undoubtedly include lack of effective action from organisations and individuals prepared or able to put resources into leading change, fear of the public outrage thatmight arise should a long held tradition be questioned, outdated religious beliefs and a lack of understanding about the symbolic importance of law change and its critical part in bringing about change in attitudes.
Two more South American countries prohibit corporal punishment
21 October 2014
In a ceremony held on 7 October 2014 in the Bicentennial Museum, Buenos Aires, the President of Argentina Cristina Fernandez de Kirchner promulgated the new Civil and Commercial Code, which will come into force in January 2016. Article 647 of the Code explicitly prohibits all corporal punishment of children (unofficial translation):
"All forms of corporal punishment, ill-treatment and any act that physically or mentally injures or impairs children and adolescents are prohibited...."
The reform makes Argentina the seventh Latin American country to enact legislation fully protecting children from all corporal punishment, including within the home – giving full legal protection from this form of violence to 47.6% of the region's children. The total number of states to achieve this worldwide is now 41 (protecting 9.1% of the world child population).
On 17 July 2014, the President of Bolivia signed into law a new Children and Adolescents Code for the country. The Code explicitly prohibits all corporal punishment of children, including in the home. Article 146 provides for the "right to good treatment", stating (unofficial translation):
"The child and adolescent has the right to good treatment, comprising a non-violent upbringing and education, based on mutual respect and solidarity. (2) The exercise of the authority of the mother, father, guardian, family members and educators should use non-violent methods in parenting, education and correction. Any physical, violent and humiliating punishment is prohibited."
Article 117 confirms that physical punishment is prohibited in schools; article 338 prohibits its use in specialised centres (orientation and social reintegration centres), and article 342 states the right of children and adolescents deprived of their liberty not to be subjected to corporal punishment. The Code came into force on 6 August 2014, making Bolivia the sixth Latin American state to prohibit all corporal punishment, the 39th state worldwide.
Public debate in the US
27 September 2014
There has been a considerable amount of publicity and debate in the US recently about the use of physical punishment with children following the case of a well-known sports star being prosecuted after punishing his child by beating him with a switch (tree branch) causing some injuries. In his defence, the star calls on his own experiences of physical punishment as a child and the need to discipline the child to teach his child right from wrong. An article from the US published recently in the NZ Herald points out very clearly is that physical punishment does not teach children how to behave well. Among other things it teaches children to hit when conflict arises.
Smacking ban and suicide link questioned
3 September 2014
An article posted on Stuff recently reported on a Conservative Party political candidate's (Edward Saafi) views that that the so called "anti-smacking law" is to blame for youth suicide and other problems experienced by young people.
There are two fundamental flaws to this concerning and dangerous claim. The first is that there now exists a huge volume of reliable international research that links physical punishment of children with many poor developmental outcomes including mental health problems. Children who experience physical punishment, particularly harsh and ongoing punishment, are likely to be more at risk of suicide and other dangerous behaviour than those who don't.
The second is that discipline and punishment are not the same thing. Dr Saafi implies that young people attempt or commit suicide because their parents are not allowed to discipline them. There is no legal ban on discipline but there is a ban on assault. Discipline (guidance in the context of a loving and supportive and non-violent relationship) is an important parental responsibility but discipline and punishment are not the same thing. There are many positive ways to guide a child's behaviour. Assaulting a child is more likely to result in rebellion, anger and/or poor self-esteem than fostering a trusting relationship in which a child or young person will confide their troubles to important adults in their lives
Bolivia becomes sixth Latin American state to prohibit all corporal punishment
12 August 2104
On 17 July 2014, the President of Bolivia signed into law a new Children and Adolescents Code for the country. The Code explicitly prohibits all corporal punishment of children, including in the home. Article 146 provides for the “right to good treatment”, stating (unofficial translation):
“The child and adolescent has the right to good treatment, comprising a non-violent upbringing and education, based on mutual respect and solidarity. (2) The exercise of the authority of the mother, father, guardian, family members and educators should use non-violent methods in parenting, education and correction. Any physical, violent and humiliating punishment is prohibited.”
Article 117 confirms that physical punishment is prohibited in schools; article 338 prohibits its use in specialised centres (orientation and social reintegration centres), and article 342 states the right of children and adolescents deprived of their liberty not to be subjected to corporal punishment.
The Code came into force on 6 August 2014, making Bolivia the sixth Latin American state to prohibit all corporal punishment, the 39th state worldwide.
Brazil achieves prohibition
30 June 2014
With a child population of nearly 60 million children, Brazil has become the largest country in the world to achieve prohibition of all corporal punishment, including in the home. On 27 June 2014, the President signed into law amendments to the Code on Children and Adolescents 1990 which explicitly prohibit physical punishment and other cruel or degrading treatment of children, wherever they are and whoever the perpetrator. A new article 18-A is inserted into the Code (unofficial translation):
“Children and Adolescents are entitled to be educated and cared for without the use of physical punishment or cruel or degrading treatment as forms of correction, discipline, education or any other pretext, by their parents by the members of their extended family, by persons responsible for them, by public officials implementing social and educational measures or by any other person entrusted with taking care of them or treating, educating or protecting them….”
A new article 18-B provides for a range of measures to ensure implementation of the prohibition, including referral to a family protection programme, referral for guidance, and warning, in addition to any other legal measures that may be taken, and for the promotion of permanent educational campaigns, ongoing professional education and training and a range of other actions to support non-violent parenting, education and conflict resolution (art. 18-B).
Brazil’s achievement brings the number of states worldwide to prohibit all corporal punishment to 38 and raises the percentage of the global child population to be fully protected in law from all physical punishment from 5.5% to 8.2%. Brazil is the fifth Latin American state to achieve prohibition, after Uruguay (2007), Venezuela (2007), Costa Rica (2008) and Honduras (2013).