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< Viewpoints
< 2008
“Europe is moving towards a total ban of domestic violence
against children”
[21/01/08] A majority of the 47 Council of Europe member states have now committed themselves to put an end to all corporal punishment of children. Full prohibition in law has so far been adopted by 18 member states and at least seven others have publicly pledged to do the same within the near future. If these governments fulfil their commitment, Europe will be more than halfway to universal prohibition. This is welcome progress.
Some positive steps have also been taken in other parts of the world.
Last year, New Zealand became the first English-speaking country to
prohibit all corporal punishment, including in the family. And so did
three Latin American countries: Uruguay, Venezuela and Chile.
They had responded to recommendations in the report of the UN Secretary
General’s Study on violence against children, submitted to the General
Assembly in October 2006. Its main message was that "no violence against
children is justifiable; all violence against children is preventable".
It recommended all states to move quickly to prohibit all forms of
violence against children, including all corporal punishment, before the
end of 2009.
This was another strong challenge to the still fairly widespread opinion
that relations inside the family are no matter for outsiders. Already,
the 1989 UN Convention on the Rights of the Child, adopted and ratified
by almost every member state of the United Nations, had made clear that
there are situations in which authorities have to protect a child from
all forms of violence behind the family door.
This is not a zero-sum-game between children and parents. The Convention
is very family-friendly, it stresses the absolute importance of a good
family environment and the need, in some cases, for community support to
parents in crisis. Violence against children is a reflection of family
breakdown and calls for the protection of the life, well-being and
dignity of the child. This is a major reason why the prevention of
domestic violence against children is nowadays recognised as a human
rights concern.
The purpose of prohibiting corporal punishment of children is precisely
prevention. The idea is to encourage a change of attitudes and practice
and to promote non-violent methods of child-rearing. An unambiguous
message of what is unacceptable is very important. Adults responsible
for children are sometimes confused about how to handle difficult
situations. The line should simply be drawn between physical or
psychological violence on the one hand and non-violence on the other.
The problem is deep and serious. As part of their daily lives, children
across Europe and the world continue to be spanked, slapped, hit,
smacked, shaken, kicked, pinched, punched, caned, flogged, belted,
beaten and battered in the name of “discipline”, mainly by adults whom
they depend upon.
This violence may be a deliberate act of punishment or just the
impulsive reaction of an irritated parent or teacher. Both cases
constitute a breach of human rights. Respect for human dignity and the
right to physical integrity are universal principles. But despite this,
social and legal acceptance of adults hitting children and inflicting
other humiliating treatment on them persists.
Corporal punishment of children is often inhuman or degrading, and it
invariably violates their physical integrity, demonstrates disrespect
for their human dignity and undermines their self-esteem. This sense of
deeper damage was described by the Polish doctor, writer and
educationalist Janusz Korczak who once said: “There are many terrible
things in the world, but the worst is when a child is afraid of his
father, mother or teacher”.
Special exceptions allowing for some level of violence against children
in otherwise universally applicable laws against assault are therefore
particularly unfortunate. They also breach the basic human rights
principle of equal protection under the law.
The invention of concepts such as “reasonable punishment” and “lawful
correction” arises from the perception of children as the property of
their parents. Such “rights” are based on the power of the stronger over
the weaker and are upheld by means of violence and humiliation.
The Parliamentary Assembly of the Council of Europe called in 2004 for a
Europe-wide ban of corporal punishment. It stated that “any corporal
punishment of children is in breach of their fundamental right to human
dignity and physical integrity. The fact that such corporal punishment
is still lawful in certain member states violates their equally
fundamental right to the same legal protection as adults. Striking a
human being is prohibited in European society and children are human
beings. The social and legal acceptance of corporal punishment of
children must be ended.”
Progress has been made since then, but some member states have not acted
upon this suggestion or those from the UN study. In order to encourage
further discussion, I have been in correspondence with the government
heads of those member states which have yet to reform their laws
adequately.
Their responses give a hint that further progress is possible. In fact,
no one defended the use of corporal punishment. Seven indicated that
reforms to prohibit all corporal punishment were in progress. Some of
the others replied that their existing law was sufficient, but
demonstrated an open attitude towards further progress and considering
explicit reform.
Of course, eliminating corporal punishment requires more than legal
reform. Sustained public education and awareness-raising of the law and
of children’s right to protection is required, together with promotion
of positive, non-violent relationships with children. The Council of
Europe programme “Building a Europe for and with children” is promoting
the abolition of corporal punishment through law reform, the promotion
of positive parenting and awareness-raising efforts likely to change
public attitudes and behaviours.
Children have had to wait the longest to be given equal legal protection
from deliberate assaults – a protection the rest of us take for granted.
It is extraordinary that children, whose developmental state and small
size is acknowledged to make them particularly vulnerable to physical
and psychological harm, have been singled out for less protection from
assaults on their fragile bodies, minds and dignity.
Challenging legal and social acceptance of violence has been a
fundamental part of women’s struggle for equal status. The same applies
to children: there could not be a more symbolic reflection of children’s
persisting low status as property than adults’ assumption of their
“right” and even “duty”, to hit children.
Thomas Hammarberg
Links
"Building a Europe for and with children" Council of Europe campaign
Global Initiative to End All Corporal Punishment of Children
This Viewpoint can be re-published in newspapers or on the internet without
our prior consent, provided that the text is not modified and the original
source is indicated in the following way: "Also available at the Commissioner's
website at www.commissioner.coe.int"
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