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Effects of corporal punishment on children
Common Good Appraoch On Corporal Punishment
Effects of corporal punishment on children
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1 Introduction
Corporal punishment is the unlawful intentional act of causing harm by physically inflicting punishment on the body of an offender or severely criticising the offender. There is a distinction in common-law between corporal punishment in the public sphere and in the private sphere.
Corporal punishment on children in the private sphere is administered by parents. It is legally accepted in South Africa, provided that the requirements are met.
The public sphere’s position is much different in the sense that the government along with all schools have no authority to physically discipline school children anymore. Authority to exercise corporal punishment often leads to abuse of power, child abuse and feelings of superiority. All of the above mentioned factors will contribute to the future for a common-law defence of reasonable disciplinary chastisement in South African law
2 General implications of corporal punishment
In most cases, punishment is given to clarify the authority and status over the offender. Irrespective of the harm the child or the offender caused, physically punishing the offender violates many of that person’s fundamental human rights. Punishment is given in the form of slapping, whipping, verbally reprimanding or violently acting towards the child or the offender which contributes to the current violence in South Africa. These punishments violate constitutional rights. Consequently, section 10 of the Constitution of the Republic of South Africa, 1996 (the ‘Constitution’) provides that everyone has the right to have their dignity respected and protected. Section 12 of the Constitution states that all citizens have: “The right to freedom and security of the person” and section 12(d): “The right not to...
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...can Criminal Law and Procedure 3 ed (1997), Juta & Co.
Burchell J M Principles of Criminal Law 4 ed (2013) 193-203, Juta & Co.
Snyman CR Criminal Law 5 ed (2008) , LexisNexis.
Snyman CR Workbook for Criminal Law 2 ed (1994), Digma.
Dissertations:
Kleynhans D Considering the Constitutionality of the common-law defence of reasonable and moderate chastisement. DSkelton University of Pretoria (2011 .
Law Journal Articles:
Pete S “To smack or not to smack” (1998) SAJHR 430.
Cases:
Christian Education v Minister of Education 2000 4 SA 788 (CC)
Du Preez v Conradie and Another 1990 4 SA (BG)
Rex v Janke & Janke 1913 TPD 382
S v Williams and Others 1995 2 SACR 251 (CC)
Legislation:
Abolition of Corporal punishment Act 33 of 1997.
Constitution of the Republic of South Africa, 1996.
Correctional Services Amendment Act 111 of 1998.
South Africa Schools Act 84 of 1996.
It is obvious the position the author of the article "Spanking children isn’t abusing them" has on this point. The author makes two points about the decision Justin Trudeau made in order to keep a campaign promise. The first point is the approach or steps Prime Minister Justin Trudeau is giving in order to implement one of the Truth and Reconciliation Commission of Canada (TRC) recommendations and in the second point the author brings our attention to section 43 and makes a distinction between spanking (use of reasonable force) and Physical punishment where harsh punishment is inflicted to a child. In this paper I will attempt to make a distinction between reasonable force and beating a child and to explore Section 43 of the
Spanking has a well-developed and long-term history. Originally, spankings were administered to women with fertility problems by Pagan priests in the hopes of the woman gaining fertility. Later it was introduced in the Catholic Church, and it was used to literally beat the sin out of women (“History of Spanking”). Spanking was known to be applied toward children in the Inupiaq tribe of Alaska thousands of years ago to eliminate bad behavior, and has been used in schools in the African nation of Botswana to prevent children from drinking alcohol. The practice of spanking is commonly endorsed by most religions, including Christianity (“Corporal punishment deep rooted”).
Social tolerance of spanking has been the norm for thousands of years. The most widely accepted source coming from the bible. He who spares the rod hates the son, but he who loves him is careful to discipline (New International Version, Proverbs 13:24). Religion and culture have been a very common excuse for the spanking of children world-wide. “Hitting children is intertwined with religious beliefs, cultural views, and social policy… (Kazden & Benjet). However, the world has changed and evolved into a much more civilized society. In this country alo...
Contrary to popular belief, corporal punishment is still an accepted form of punishment in some countries. In these countries, many see this kind of punishment for children as normal, natural and harmless. Yet, human rights activists believe that it is damaging and must be stopped. For example, Gambian teachers are working to end corporal punishment. The Gambia Teachers' Union has been training teachers on alternative...
Reading, Richard. "Speak softly - and forget the stick: corporal punishment and physical abuse." Child: care, health and development (2009): 286-287. Academic Search Premier. Web. 23 April 2011.
Corporal punishment is a traditional practice of imposing pain, which is commonly used by parents towards children to remove an unpleasant behavior. It is also a physical force towards a child for the purpose of control, and as a disciplinary penalty inflicted on the body. The parents play a pivotal role in honing and disciplining their child with regards to his/her actions. Hitting them with physical objects and forcing them to do cleaning works are some of the ways of discipline, which were done at home. In the year 2000, research, the convention, and law reform – modified the punishment towards children. According to research, 20,000 people in the U.S – particularly those who are 20 years old and above, 1,258 experienced punishment by pushing, grabbing, slapping and hitting. 19,349 people had been reported that they didn’t experience such kind of punishment. Moreover, it is also executed on the children, in order for them to act independently and to visualize the negativities of being careless and dependent to others. Punishment is also
Child abuse prevention must first begin with understanding the different types of abuse. The Child Abuse Prevention and Treatment Act (CAPTA) defines abuse as the motive, act, or lack of action of a parent or guardian that leads to a physical or emotional injury (Rein 11-12). Each state defines abuse differently; Pennsylvania defines physical abuse as the recent act or lack of action by a perpetrator causing or risking a serious non-accidental physical injury to a person that is under the age of 18 (Clark 351). Corporal punishment, a controversial topic in physical abuse, is defined as deliberately inflicting physical injury because the child misbehaves. Types of corporal punishment include spanking, slapping, pinching, choking, paddling, or hitting the child with objects (Gerdes 182-190). Part of the debate over physical abuse is whether schools should be able to use physical punishment on their students. Some believe that corporal punishment is the only way to teach children about misbehaving and that a minor pain is justified if it corrects a larger problem (Gerdes 198-201). Others think corporal punishment may lead a child to believe violence is acceptable or to think...
In a final analysis of the pros and cons of Corporal punishment, it seems that the present penal system until further studies on the alternative are conclusive, should remain in effect. Corporal punishment does provide some insight, although presents too many risks and negative possibilities at this time.
The term corporal punishment means the intentional infliction of pain on the body for purposes of punishment and includes slapping, hitting with objects, pinching, shaking and forcing to stand for long periods of time (Epoch 1). Family researchers define corporal punishment as " the use of physical force aimed at causing children to experience pain but not injury, for the purposes of correction and control of youthful behavior" (Day 83). Spanking is one form of physical or corporal punishment (Epoch 1).
Educators and parents usually administer spankings to children. Spanking usually refers to a child lying, stomach down, across the educator's lap and the parent or teacher repeatedly swatting the child's backside.
Watkinson, A & Rock, L (2014) ‘Child physical punishment and international human rights: Implications for social work education’, International Social Work’, 1-13.
Many parents find themselves using frequent sayings such as, “do not touch that”, do not do that”, and “stop being mean to your sister!” Along with those sayings, parents still refer to a specific passage from the Bible, Proverbs 22:15, which states: Foolishness is bound in the heart of a child; but the rod of correction shall drive it far from him. The chapters 22 and 23 of Proverbs speak of how the rod should be used and when. It also tells parents spanking the child will not kill him. Many researchers and parents would argue these facts and state is does cause harm but if they could understand the limitations of the teachings, incorporate communication, and set boundaries the use of a rod would instill wisdom, instruction, and understanding in a child.
Many people have different views on this topic; some are "for" it, some are "against" it. The United Nations (UN) as a violation of basic human rights have condemned the national U.K. law. It says that some forms of corporal punishment are acceptable. However some parents have different perspectives on hitting their children.
Secondly, corporal punishment in schools should not be permitted is because it can lead to harmful effects in a student’s health. Because according to Science Daily “a child in a school that uses corporal punishment has performed worst in tasks involving executive functioning-- such as, for example: planning, abstract thinking, and delaying gratification.” In addition, according to Social Development, “harshly punitive environm...
According to David Garland, punishment is a legal process where violators of the criminal law are condemned and sanctioned with specified legal categories and procedures (Garland, 1990). There are different forms and types of punishment administered for various reasons and can either be a temporary or lifelong type of punishment. Punishment can be originated as a cause from parents or teachers with misbehaving children, in the workplace or from the judicial system in which crimes are committed against the law. The main aim of punishment is to demonstrate to the public, the victim and the offender that justice is to be done, to reduce criminal activities and to deter people from wanting to commit any form of crime against the law. In other words it is a tool used to eliminate the bad in society or to deter people from committing criminal activities.