Consultation on the Children (Abolition of Defence of Reasonable Punishment) (Wales) Bill
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Tystiolaeth i’r Pwyllgor Plant, Pobl Ifanc ac Addysg ar gyfer craffu Cyfnod 1 Bil Plant (Diddymu Amddiffyniad Cosb Resymol) (Cymru) |
Evidence submitted to the Children, Young People and Education Committee for Stage 1 scrutiny of the Children (Abolition of Defence of Reasonable Punishment) (Wales) Bill |
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CADRP-457 |
CADRP-457 |
About you
Organisation: The Peace Centre
— Yes
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The range of negative outcomes.
Physical
The physical consequences of corporal punishment include broken bones, internal injuries, cuts and burns; and death.
Many children are harmed in the exercise of discipline in the home, by angry and stressed parents lash out at their children, great harm can be done.
2003 Canada: 75% of substantiated physical abuse of children occurred during episodes of physical punishment.
2012 Canada: Children who were spanked were seven times more likely to be severely assaulted by their parents (e.g. punched or kicked) than children who were not spanked.
2006 USA: Babies under 1 year old who had been spanked by their parents in the previous month were 2.3 times more likely require medical attention than infants who had not been spanked.
2013 South Africa: 45% of all child homicide was child abuse- and neglect-related and estimates that 3 children are murdered a day in South Africa.
Behavioural
The meta-analytical study by Gershoff, covered 27 studies on physical punishment. It found that spanking results in increased childhood aggression, delinquency and antisocial behaviour as well as increased aggression, criminality and antisocial behaviour in adulthood. Children who had been spanked were also found to be at increased risk of abusing their own child or spouse in adulthood and at increased risk of being the victim of abuse.
Several studies during the past decade have provided strong evidence that physical punishment is a risk factor for child aggression and antisocial behaviour.
In addition, research indicates that corporal punishment is relatively ineffective in correcting the behaviour of children, and that, on average, the behaviour of children who are spanked by their parents gets worse over time. Although immediate compliance in the short-term can be achieved, the longer-term goal of self-discipline cannot be achieved. This explains why corporal punishment is often inflicted on the same children for the same infractions.
Emotional
Research shows that corporal punishment is linked to a range of adverse emotional outcomes, including a decreased quality of relationship between parent and child. It also plays a clear role in decreased child and adult mental health.
A wealth of studies has linked corporal punishment with heightened levels of depression and suicidal tendencies. Mood disorders, anxiety disorders, substance abuse/dependence, and personality disorders have all been directly linked to corporal punishment.
Cognitive
There is clear research evidence that corporal punishment has a negative effect on intelligence and cognitive functioning.
2009 USA: Children in the United States who were spanked had lower IQs four years later than those who were not spanked. Furthermore, IQs of children aged 2–4 years who were not spanked were 5 points higher four years later than the IQs of those who were spanked.
2011 West Africa: Children in a school that used corporal punishment performed significantly worse in tasks involving "executive functioning" and psychological processes such as planning, abstract thinking, and delaying gratification than those in a school relying on milder disciplinary measures such as time-outs.
Neurological
Child abuse has been shown to cause permanent damage to the neural structure and function of the developing brain itself.
In addition, physical punishment can cause alterations in the dopaminergic regions associated with vulnerability to the abuse of drugs and alcohol.
Social
The evidence linking corporal punishment and negative social outcomes is strong and growing. Gershoff’s research found clearly demonstrable links between corporal punishment and decreased moral internalisation and self-discipline; It has been found to significantly increase the risks of becoming a perpetrator of domestic violence and/or the victim of abuse. Research also indicates that physical punishment elicits aggression, and it has also been reliably linked to sexual violence, the rape of very young children in particular.
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An increasingly human rights oriented mind-set globally has seen rights and protections against physical violence entrenched in both international and domestic law across the world. However, children remain the last group to be protected from physical violence, with many countries permitting corporal punishment of children in some settings, and almost all of them permitting parental corporal punishment of children. Only 33 of the UN member-states have prohibited corporal punishment of children in all spheres.
In most countries, all adults are, at least officially, protected by law from interpersonal physical violence. Children are however, not offered the same degree of protection; parental corporal punishment of children is still tolerted and allowed, often the the guise of the common law defence of reasonable chastisement remains open to parents who assault their children.
This is especially ironic and of significant concern in the light of children’s greater physical and emotional vulnerability, due to their youth and small stature.
The legislated prohibition of parental corporal punishment is a critical step in ensuring the maximum protection for our most vulnerable citizens, and is a key component of addressing the wider issues of appropriate parenting and reducing levels of violence.
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Issues often ranged in the context of unintended consequences relate primarily to issues relating to the criminalisation of parents and whether or not governments have the right to intrude on the private space in thie way.
All forms of abuse of children are currently under-reported globally, and children routinely fail to report their parents or other adults even when serious physical injury is inflicted. Adults generall have a poor track record of responding to abuse and neglect of children; family members, teachers and police often fail to protect children from serious physical abuse. It is unlikely that this situation will change if parental corporal punishment is prohibited. In addition, most countries' law operates on the principle of de minimas curat lex – the law does not concern itself with that which is trivial – which applies equally to adult and child complainants.
It is thus unlikely that parents and care-givers will be prosecuted for smacking children, even if charges are laid, unless the corporal punishment constitutes serious abuse.
The rights of all the people in a country, including, should enjoy equal protection under the law. Government has a duty to intervene when the rights of citizens in a particular position of vulnerability (i.e. children in this case) are being violated. This would also justify the enacting of legislation prohibiting domestic violence, for example.
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The law must be changed
The prohibition of parental corporal punishment must be enshrined in statute. Experience in countries where corporal punishment in the home has been prohibited indicates that, once law is passed, attitudes and thus behaviour begin to change also, provided law reform is linked to significant public awareness and training campaigns.
The way children are parented needs to change
A legislated prohibition would allow that parents and caregivers can be held accountable when they assault the children with whose care they have been charged. However, parents should also be empowered to raise children without violence. Once the law is changed, opportunities for changing attitudes and behaviour and supporting parents in raising their children without violence are opened. Given the strong and demonstrable links between childhood experiences of corporal punishment and adult aggression and violence, it is critical to alter the way in which children are parented.
Training and resources for parents and care-givers on how to use positive discipline strategies in raising children is necessary to ensure that the legal protection afforded children by the prohibition of corporal punishment in the home becomes reality. Activities to this end should include:
• A countrywide, sustained awareness-raising campaign to promote positive parenting and highlight the dangers of corporal punishment. Children should be raised in an environment in which no violence is allowed or tolerated.
• Involve the business community in awareness-raising. In Sweden, for example, where all forms of corporal punishment of children were prohibited for the first time, pro-positive and non-violent parenting messages were printed on every milk carton.
• Increase support to civil society organisations providing training and support to parents and care-givers to discipline their children without violence.
• Include issues related to parenting in the Life Skills curriculum in secondary schools.
• Increase support to civil society organisations providing counselling and therapeutic services to the survivors of sexual violence, and ensure that such services are widely available across the country.