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Domestic corporal punishment or corporal punishment in the home may also be described as parental corporal punishment. It involves a spanking or slapping administered to a child by a parent or guardian, typically with the parent's open hand but sometimes with an implement such as a belt, slipper, cane or paddle.
In many cultures, parents have historically been regarded as having the duty of disciplining their children, and the right to spank them when appropriate. However, attitudes and legislation in some countries have changed in recent years, particularly in continental Europe. Domestic corporal punishment has now (2009) been outlawed in 24 countries around the world, beginning with Sweden in 1979.[1] Most of these 24 countries are in Europe or Latin America.
In North America, Britain and much of the rest of the English-speaking world, the question is highly controversial.
A private organisation called "Global Initiative To End All Corporal Punishment Of Children" (GITEACPOC) was set up in 2001 to campaign for the worldwide prohibition by law of all corporal punishment of children, even by their parents.[2]
The UN Study on Violence against Children sets a target date of 2009 for universal prohibition, including in the home,[3] an aim described by The Economist as "the latest piece of Utopian dottiness from the UN".[4]
In Africa and the Middle East, and in most parts of Eastern Asia (including China, Taiwan, Japan, and Korea), it is lawful to punish one's own child using physical means. In Singapore and Hong Kong, punishing one's own child with corporal punishment is legal but not particularly encouraged. Culturally, many people in the region believe a certain amount of corporal punishment for their own children is appropriate and necessary, and thus such practice is accepted by society as a whole.
The penalties vary by country. In Sweden, for example, corporal punishment does not necessarily carry a criminal penalty unless it meets the criteria for assault.[7]
In Australia, corporal punishment of children in the home is not unlawful in all States and Territories,[8][9] provided it is "reasonable". Parents who act unreasonably may be committing an assault.[10][11] The Australian state of Tasmania is continuing to review the state's laws on the matter, and may seek to ban the use of corporal punishment by parents. The matter is also under review in other Australian states. A 2002 public opinion survey suggested the majority view was in support of retaining parents' right to smack with the open hand but not with an implement.[12]
In Canada, parents may spank their children, but there are several restrictions.
In Canadian Foundation for Children, Youth and the Law v. Canada (2004) the Supreme Court upheld, in a 6-3 decision, the use of "reasonable" force to discipline children, rejecting claims that moderate spanking violated children's rights. However, it stipulated that the person administering the punishment must be a parent or legal guardian, and not a school teacher or other person; that the force must be used "by way of correction" (sober, reasoned uses of force that address the actual behaviour of the child and are designed to restrain, control or express some symbolic disapproval of his or her behaviour), that the child must be capable of benefiting from the correction (i.e. not under the age of 2 or over 12, etc.), and that the use of force must be "reasonable under the circumstances", meaning that it results neither in harm nor in the prospect of bodily harm. Punishment involving slaps or blows to the head is harmful, the Court held.[13]
In the U.K. spanking is legal, but it may not leave a mark on the body. The total abolition of corporal punishment has been discussed.[14] However, surveys show a large majority of the British public support parents' right to smack. In a 2006 survey, 80% of the population said they believed in smacking, and 73% said that they believed that any ban would cause a sharp deterioration in children's behaviour. Seven out of ten parents said they themselves use corporal punishment.[15]
Despite some opposition to corporal punishment in the United States, the spanking of children is legal in all states.[16] Bans have been proposed in Massachusetts[17] and California[18][19] on all corporal punishment of children, including by parents, but these moves were heavily defeated.[20]
The line between permitted corporal punishment and what is legally defined as abuse varies by state and is not always clear (laws typically allow "reasonable force" and "non-excessive corporal punishment"). There is a misconception among some Americans that some states forbid corporal punishment. For example, some people believe that Minnesota's laws severely restrict or even prohibit corporal punishment. This is not the case, as two different articles of the Minnesota Legislature explicitly allow parents to use corporal punishment as a form of discipline.[21][22]
Also, in 2008 the Minnesota Supreme Court ruled that spanking a child is legal and does not constitute abuse. The ruling stated that "We are unwilling to establish a bright-line rule that the infliction of any pain constitutes either physical injury or physical abuse, because to do so would effectively prohibit all corporal punishment of children by their parents" and "it is clear to us that the Legislature did not intend to ban corporal punishment". The case involved a man who had spanked his 12-year-old son 36 times with a maple paddle and who was declared innocent by the Minnesota Supreme Court.[23]
Race, gender, and social class appear to be a significant factor in U.S. domestic corporal punishment. Black families are more in favour of it on average than white ones.[24] Boys are more likely than girls to be spanked at home,[25] and corporal punishment of boys tends to be more severe and more aggressive than that of girls[26] despite some research suggesting that corporal punishment is more counterproductive for boys than girls.[27] Middle-class parents tend to administer corporal punishment in greater numbers than their counterparts above and below them on the socioeconomic scale; however, lower-class parents tend to do so with greater frequency.[28]
A 1996 study by Robert Larzelere suggested that, in some circumstances, corporal punishment of children can increase short-term compliance with parental commands, although comparisons in the same study with alternative punishments such as one-minute time-outs did not establish that corporal punishment was more effective.[29]
The clinical and developmental psychologist Diana Baumrind has studied the effects of different parenting styles[30] and has concluded that mild spanking, in the context of an authoritative (NOT authoritarian) parenting style, is unlikely to have a significant detrimental effect, if one is careful to control for other variables such as socioeconomic status. She observes that previous studies demonstrating a correlation between corporal punishment and bad outcomes failed to control for these variables.[31] She has also cautioned that neither the pro-spanking or anti-spanking studies are truly scientific, in the sense that physics or chemistry experiments are scientific, as they cannot be modeled or reproduced by other researchers, there are too many disparate factors that might influence the results, and the studies are often heavily biased toward producing a result that affirms the researcher's personal beliefs.[32]
A 1996 study by Straus suggested that children who receive corporal punishment are more likely to be angry as adults, use spanking as a form of discipline, approve of striking a spouse, and experience marital discord.[33] According to Cohen's 1996 study, older children who receive corporal punishment may resort to more physical aggression, substance abuse, crime and violence.[34] However, it is not always clear what these studies define as "corporal punishment".
A 1997 study by Straus, Sugarman and Giles-Sims[35] found detrimental child outcomes of nonabusive or customary physical punishment by parents using a design that would not also tend to find detrimental outcomes of most alternative discipline responses. Its findings were criticised by Larzelere,[36] who affirmed that the new study did not contradict his earlier study, the conclusions of which were summarized by Baumrind as "a blanket injunction against spanking is not scientifically supportable".[37] Larzelere granted that frequent and severe corporal punishment carried with it an increased risk for detrimental effects, but saw no proof that an occasional swat could harm a child in the long run.[36]
The American Academy of Pediatrics (AAP) in an official policy statement[38] (reaffirmed in 2004) states that "Corporal punishment is of limited effectiveness and has potentially deleterious side effects." The AAP recommends that parents be "encouraged and assisted in the development of methods other than spanking for managing undesired behavior". In particular, the AAP believes that any corporal punishment methods other than open-hand spanking on the buttocks or extremities "are unacceptable" and "should never be used". The policy statement points out, summarizing several studies, that "The more children are spanked, the more anger they report as adults, the more likely they are to spank their own children, the more likely they are to approve of hitting a spouse, and the more marital conflict they experience as adults."[33] Spanking has been associated with higher rates of physical aggression, more substance abuse, and increased risk of crime and violence when used with older children and adolescents.[34]"
The Canadian Pediatrics Society policy on corporal punishment states "The Psychosocial Paediatrics Committee of the Canadian Paediatric Society has carefully reviewed the available research in the controversial area of disciplinary spanking (7-15)... The research that is available supports the position that spanking and other forms of physical punishment are associated with negative child outcomes. The Canadian Paediatric Society, therefore, recommends that physicians strongly discourage disciplinary spanking and all other forms of physical punishment".[39]
In the United Kingdom, the Royal College of Paediatrics and Child Health and the Royal College of Psychiatrists have both called for a complete ban on all corporal punishment, stating "We believe it is both wrong and impracticable to seek to define acceptable forms of corporal punishment of children. Such an exercise is unjust. Hitting children is a lesson in bad behaviour".[40] and that "it is never appropriate to hit or beat children".[41]
The Australian Psychological Society holds that physical punishment of children should not be used as it has very limited capacity to deter unwanted behavior, does not teach alternative desirable behavior, often promotes further undesirable behaviors such as defiance and attachment to "delinquent" peer groups, and encourages an acceptance of aggression and violence as acceptable responses to conflicts and problems[42]
Opponents of corporal punishment sometimes argue that spanking constitutes "violence" and is therefore by definition "abusive". Some psychological research is held to indicate that corporal punishment causes the deterioration of trust bonds between parents and children. It is claimed that children subjected to corporal punishment may grow resentful, shy, insecure, or violent. Adults who report having been slapped or spanked by their parents in childhood have been found to experience elevated rates of anxiety disorder, alcohol abuse or dependence and externalizing problems as adults.[43] Some researchers believe that corporal punishment actually works against its objective (normally obedience), since children will not voluntarily obey an adult they do not trust. Researcher Elizabeth Gershoff, Ph. D., in a 2002 meta-analytic study that combined 60 years of research on corporal punishment, found that the only positive outcome of corporal punishment was immediate compliance; however, corporal punishment was associated with less long-term compliance.[44] Corporal punishment was linked with nine other negative outcomes, including increased rates of aggression, delinquency, mental health problems, problems in relationships with their parents, and likelihood of being physically abused.
Opponents claim that much child abuse begins with spanking: a parent accustomed to using corporal punishment may, on this view, find it all too easy, when frustrated, to step over the line into physical abuse. One study found that 40% of 111 mothers were worried that they could possibly hurt their children.[45] It is argued that frustrated parents turn to spanking when attempting to discipline their child, and then get carried away (given the arguable continuum between spanking and hitting). This "continuum" argument also raises the question of whether a spank can be "too hard" and how (if at all) this can be defined in practical terms. This in turn leads to the question whether parents who spank their children "too hard" are crossing the line and beginning to abuse them.
Opponents also argue that a problem with the use of corporal punishment is that, if punishments are to maintain their efficacy, the amount of force required may have to be increased over successive punishments. This has been claimed by the American Academy of Pediatrics,[38] which has asserted: "The only way to maintain the initial effect of spanking is to systematically increase the intensity with which it is delivered, which can quickly escalate into abuse". Additionally, the Academy noted that: "Parents who spank their children are more likely to use other unacceptable forms of corporal punishment."[46]
The American Academy of Pediatrics also believes that corporal punishment polarizes the parent-child relationship, reducing the amount of spontaneous cooperation on the part of the child. The AAP policy statement says "...reliance on spanking as a discipline approach makes other discipline strategies less effective to use".[38] Thus, so it is alleged, it has an addiction-like effect: the more one spanks, the more one feels a need to spank, possibly escalating until the situation is out of control.
A 2003 review of available research into parental punishment concluded that "strong evidence exists that the use of physical punishment has a number of inherent risks regarding the physical and mental health and well-being of children".[47]
A 2006 study in New Zealand has shown that children who were physically punished in a mild way, including light open hand spanking on a clothed bottom or leg, came out the same or slightly better than those who were never punished physically.[48] This study specifically criticized several previous studies which did not distinguish between different degrees of physical punishment, and argued that such studies are biased from the outset to favour non-physical methods of child discipline.
A 2008 study published in the American Journal of Preventive Medicine[49] found that mothers who reported spanking their children were more likely (6% vs 2%) to also report using forms of punishment considered abusive to the researchers "such as beating, burning, kicking, hitting with an object somewhere other than the buttocks, or shaking a child less than 2 years old" than mothers who did not report spanking, and increases in the frequency of spanking were statistically correlated with increased odds of abuse.[50]
There is also MRI evidence that children treated with harsh corporal punishment have reduced gray matter when aged 18–25 in their prefrontal lobe. Such research also found that these reductions in gray matter linked to reduced performance IQ on the Wechsler Adult Intelligence Scale.[51]
Main article: Child discipline |
Some opponents of spanking suggest numerous methods of non-violent child discipline which they consider to be at least as effective as spanking, while lacking the negative side-effects they attribute to spanking.
Further information: List of countries by intentional homicide rate |
Some who argue against spanking[who?] do so on the grounds that some countries which have banned spanking have lower crime rates than some countries which have not.
Others[who?] note that this argument appears to be undermined by the existence of countries where corporal punishment is widespread, but which have very low crime rates, such as Singapore, whose murder rate (0.49 per 100,000 in 2004) is considerably lower than that of Norway (0.78 per 100,000 in 2004).[52] However, some white-collar crimes are higher in Singapore than in Norway - for example Singapore has a higher software piracy rate than Norway[53] Singapore also has a significantly high rate of human trafficking as a "destination country"[54]
Of Singapore, the Canadian commentator Okey Chigbo has written:
"Modern Singapore provides an extreme example of a spanking society. In the home, Singaporean parents cane their children and strongly approve of physical discipline; in school, headmasters physically discipline unruly delinquents; and, of course, Singapore still whips adults in its criminal justice system. According to the logic of antispankers, Singapore should be the most violent society on earth, a Hobbesian world where life is "solitary, poor, nasty, brutish, and short." Yet Singapore is one of the most nonviolent of industrialized societies and, in fact, surpasses Sweden in many measures of nonviolence. In Singapore, women walk the streets freely without fear of violent sexual assault. Children are well behaved and respectful; vandalism and juvenile delinquency are rare; and Singaporean schoolchildren perform remarkably well on international measures of academic achievement. I am not saying Singapore's authoritarian culture is good for Canada; we couldn't adopt it anyway, given our different social structure, governance, attitudes, and history. But Singapore shows that the spanking-equals-societal-violence thesis does not even stand up to casual scrutiny. The issue is far more complex than the antispankers purport."[55]
Lt. Col. David Grossman, a former Professor of Military Science, discusses crime rates in different countries and notes that high levels of crime may have all sorts of causes, but the ones that emerge from his research as the most salient are the availability of lethal weapons and the banalisation of killing in popular culture, such as in movies and video games. He does not mention corporal punishment as a possible cause.[56]
Several agencies responsible for child health have issued policies against corporal punishment.
UNESCO recommends that corporal punishment be prohibited in schools, homes and institutions as a form of discipline, and alleges that it is a violation of human rights as well as counterproductive, ineffective, dangerous and harmful to children.[57]
Save the Children "opposes all forms of corporal punishment on children".[58]
The Australian Psychological Society holds that corporal punishment of children is an ineffective method of deterring unwanted behavior, promotes undesirable behaviors and fails to demonstrate an alternative desirable behavior.[59]
The Canadian Pediatrics Society reviewed research on spanking and concluded that it was associated with negative outcomes, and physicians recommended against spanking.[60]
The Royal College of Paediatrics and Child Health is against spanking[61] and opposes the striking of children in all circumstances.[41] The Royal College of Psychiatrists also takes the position that corporal punishment is unacceptable in all circumstances.[62]
The American Academy of Pediatrics believes that corporal punishment possesses some negative side-effects and only limited benefits, and recommends the use of other forms of discipline to manage undesirable behavior.[38] The National Association of Social Workers "opposes the use of physical punishment in homes, schools, and all other institutions where children are cared for and educated."[63]