Дисертації з теми "Corporal punishment and children's rights"

This paper (will conduct) a content analysis on the bill put forward by the Swedish government in 1978 that advised for legislation against corporal punishment in Sweden. The analysis will use coding to discover the motives behind the bill what institutions and people that were used as instruments, and which institutions and organisations that were delegated the responsibility to uphold and protect these rights. Additionally, there will be a presentation of the history and background of children’s rights in the “western world” and in Sweden. In the case of Sweden, the social and political structures that exist as a result of the social reforms in the twentieth century will also be presented. Furthermore, social democratic, liberal, and feminist theory will be used in the study of the bill to uncover the limitations that the legislation holds on children’s rights in Sweden.

Corporal punishment is a worldwide problem. The purpose withthis thesis is to promote a constructive discussion about the problem andconnect this to children’s rights. This gives the possibility to start adiscussion about suggestions and measures to reduce the problem. Thetheory is that corporal punishment is used as a disciplinary method tochange behavior. Children’s rights is regulated by conventions and nationallaws. The method is to conduct an analysis with interpretations andcommentaries of the research materials from South Africa and Sweden.The conclusion is that those who are positive to corporal punishment thinksit is an efficient working method, and it is about children’s safety. Thosewho are negative have experienced that alternative methods works. Asuggestion is to involve children in the work with children’s rights andeducate them in human and children’s rights with focus on obligations andresponsibility.

This study aims to identify the perceptions that teachers have regarding the nonimplementation of the Alternatives to Corporal Punishment Policy (ATCP). Using a qualitative research approach, data was collected from teachers in a high school in Mdantsane that is still using corporal punishment. The main tools of data collection used were semi-structured interviews and document analysis. The findings from this study revealed a range of factors that influence teachers not to implement the alternatives to corporal punishment policy. These include: culture, religion, lack of parental involvement, violence in schools and lack of capacitation in teachers on the policy. Moreover the findings of this study revealed that if new policies are imposed on implementers there is bound to be resistance. This study therefore recommends that new policies need to be discussed and agreed upon by both the policy makers and policy implementers. The study also recommends that teachers need capacity building workshops so that they understand the need and the benefits of implementing the ATCP.

In Christian Education South Africa v Minister of Education, the Constitutional Court upheld the law that prohibited the use of corporal punishment in schools. The decision was primarily premised on protecting children against all forms of violence from a public source. Recently, the same Court in Freedom of Religion South Africa v Minister of Justice and Constitutional Development and Others has abolished the defence of reasonable chastisement that was available at common law to parents when administering corporal punishment to discipline recalcitrant children. The effect of the decision is that parents no longer have a defence if they are charged with Assault as a result of Corporal Punishment. The decision has far-reaching consequences as; on the one hand, it unfairly curtails parents’ rights of discipline against their children and seeks to dictate to parents on how to discipline their children. On the other hand, the decision places the rights of children as being of paramount importance in every matter concerning the child. The study employs the doctrinal method which is “desktop-based”, and uses primary and secondary sources, such as case law, statutes, articles and books. The findings of this study are that the defence of reasonable chastisement infringes on the rights of children afforded to them by both the Constitutional law and international instrument. Outlawing Corporal Punishment serves as a great step towards fighting the battle of domestic violence. The Constitutional Court Judgment is not the end of it all; parents must be taught of other alternative way to disciples children. It is of crux to note that discipline is the essential part of parenting and it will be detrimental to raise children without discipline.
Mini Dissertation(LLM (Child Law))--University of Pretoria 2020.
Centre for Child Law
LLM (Child Law)
Unrestricted

Doctor Legum - LLD
The prevalence of corporal punishment and life imprisonment sentences for children in Africa is tied to their legal history. Colonialism had an extensive impact on the criminal law of most African States, including the handling of children in conflict with the law. African States adopted models of juvenile justice which were a result of social, economic and political circumstances occurring in Europe at that time. However, these circumstances were not necessarily similar to the circumstances prevalent in African States at the same time, neither was the image of the colonial country’s child similar to that of the African child. The coming into force of the Convention on the Rights of the Child, which has been ratified by all nations, except the United States, created a uniform platform for all State Parties to create separate justice systems for dealing with children in conflict with the law and abolish inhuman sentences such as life imprisonment and corporal punishment. In light of the obligation to abolish inhuman sentences and create separate systems for dealing with children in conflict with the law, this thesis discusses Zimbabwe and Botswana’s compliance with these obligations. The thesis proposes a sentencing guideline for children in conflict with the law in Zimbabwe and Botswana. The study also proposes an alignment of the national laws of these two countries on sentencing children to reflect their international obligations.

BACKGROUND: The rights of the child are a subject that never stops to be of immense significance and import. All people are bearers of human rights yet children are, due to their vulnerability, always subordinated adults. It is therefore of great magnitude that we learn to respect and treat the child with dignity. It is our duty as preschool teachers to implement these rights and to raise the children in a democratic spirit, to achieve this we need to act accordingly. This can sometimes be a complex matter. South Africa has a history of violence and discrimination; nonetheless the country has made substantial progress in these areas. I decided to go and see for myself how the work with children’s rights was coming along. PURPOSE: The main purpose of this study is to find out how a few preschool teachers work with children’s rights in the country of South Africa. I decided to focus on children’s participation and on corporal punishment and the teachers own views on these topics METHOD: This study takes a hermeneutic scientific conduct, through ethnographic research I try to analyze and interpret a few preschool teachers’ views and actions concerning children’s rights. In this field study data was collected through interviews and observations. RESULT: Earlier research and concluding observations say that South Africa is having difficulties in realizing children’s rights in numerous areas. Both the child’s participatory rights and the continuous use of corporal punishment are expressed as concerns. In this thesis I find that teachers are unfamiliar with the UN Convention on the Rights of the Child and that they receive no education or support from the government in these matters. The teachers are however aware of the concept “children’s rights” and they have some understanding of what it is relating to. The teachers states that the work with children’s rights every day and in all activities but no organized situations about this is observed. The child’s possibilities to participate are scares and the teachers are relatively novel towards the involvement of the child. Most teachers consider benefits from corporal punishment and the continuous use is evident.

The purpose of the study was to examine the perceptions of learners and teachers on the alternatives to ‘Alternatives to Corporal Punishment’ (ATPC) in particular and discipline generally in the King William’s Town Education District in two high schools. The study ascended as a result of the decline of learner’s discipline in high schools. This study is located in the interpretive paradigm and adopted a qualitative research approach using questionnaires, interviews focus groups and field notes in the collection of data. The Data revealed that schools were using different strategies to maintain learner’s discipline such as Code of Conduct, Disciplinary hearing, Safety and Security Committee, Educators, Corporal Punishment, Alternative methods to Corporal Punishment and the role of parents. It further revealed that the Department of Education is not supportive in the maintenance of discipline in the schools under study in King William’s Town District. The conclusion that was arrived at was that all the stakeholders should agree upon and be acquainted with the Code of Conduct and rules that are guiding the schools. The study came up with the proposal that learners should know the consequences of transgressing the Code of Conduct. To address disciplinary problems, the study came up with the key recommendation that all stakeholders must have ownership and to work as a team in the implementation of those policies.

Corporal punishment is a widespread phenomenon in South African schools in spite of legislation prohibiting spanking of learners. Section 10 of the South African Schools Act No 84 of 1996 states that No person may administer corporal punishment at a school to a learner. The legal consequences for an educator administering corporal punishment could result in dismissal. However, empirical evidence indicates that seven in every ten primary school learners and one in every two secondary school learners still receive corporal punishment from educators. Hence, the purpose of the study is to understand and explain corporal punishment from educators’ perceptions. Six educators from three schools were interviewed using a qualitative approach. Participant educators are not convinced that the use of corporal punishment is illegal and a criminal offence. The findings of the study show that these frustrated educators believe that corporal punishment is effective to maintain discipline in classes with a high educator-learner ratio. Furthermore, the participant educators are convinced that alternatives to corporal punishment are ineffective in comparison with the positive effect of corporal punishment on instruction and learning. The ineffectiveness of alternatives to corporal punishment is exacerbated by the poor support provided by the Department of Education in implementing these measures. The study concluded that the implementation of the abolishment of corporal punishment is a tug-of-war between legislation and reality.
Dissertation (MEd)--University of Pretoria, 2010.
Education Management and Policy Studies
unrestricted

This thesis focuses on the shifting status of teachers in the United Kingdom which results from the findings of the European Court and Commission of Human Rights on cases involving corporal punishment. Teachers have traditionally held a right to administer corporal punishment to pupils with whom they stand "in loco parentis" and providing that it was moderate and reasonable, they have been provided with a defence against a charge of assault. The position began to alter when education became compulsory in the 1870's, but there was no effective legal remedy until 1949. At this time, Britain joined the Council of Europe and became a party to the European Convention on Human Rights, subsequently recognising the competence of its chief enforcement agencies, the European Court and Commission of Human Rights. A number of important decisions have been provided by these bodies regarding the use of corporal punishment in British schools which imply an unwillingness to endorse its use. Moreover, as the only Member- State, prior to 1987, which still employed this disciplinary sanction, Britain appeared to be clearly out of step with the rest of Western Europe. The Government moved some distance towards rectifying the problem by enacting the Education (No. 2) Act (1986). This statute contains a number of shortcomings, however, in that some categories of pupils are still liable to receive corporal punishment. What also remains unclear is the new status that teachers will occupy as a consequence of this legislative enactment. Indeed, the teacher's right to inflict physical punishment has now been severely fettered and whilst the notion of "in loco parentis" is not rendered defunct as an educational doctrine, there is a pressing need for redefinition of the concept. The thesis employed six methods of research: (a) a literature review examining the growth and development of the teaching profession; the historical relationship between teacher and pupil; judicial interpretation of the Common Law right to administer corporal punishment within the context of the "in loco parentis" doctrine; and the origins and workings of the European Court and Commission(b) monitoring and analysing the legal transcripts of British corporal punishment cases adjudicated by the European Court and examination of cases pending; (c) a review of European cases taken to Strasbourg pertaining to education; (d) fieldwork which involved in-depth focussed interviews with parties concerned with the educational, legal and political concerns of the litigation both in the United Kingdom and in Strasbourg; (e) examination and analysis of primary source information made available by the Council of Europe regarding the jurisprudence of the Court; and (f) related secondary source material, reflecting contemporary developments in education, especially those of a legislative nature precipitated by the Court's judgements. The legal arguments emerging from the United Kingdom corporal punishment cases centre on the issues of "the right to education", respect for parents' "philosophical convictions" and the "degrading" nature of physical chastisement. Observed from a broader perspective, the litigation also raises concerns about the very essence of the British educational and political systems, namely: the authority of the teacher; the concept of corporal punishment; and the doctrine of parliamentary sovereignty. Further, the human rights of pupils in the school system are highlighted and the limitations they may present to the teacher's authority, together with the interaction between British education law and the European Convention. Finally, the implications of the Strasbourg findings demand critical analysis, since, alternative sanctions to corporal punishment may ultimately require support, both legislative and financial, in order to be effective. Accordingly, the consequences for educationalists, politicians and administrators are far-reaching, necessarily precipitating a significant change to what can hitherto be considered a relatively "in stasis" profession.

Thesis (M.A.)--Georgia Southern University, 2007.
"A thesis submitted to the Graduate Faculty of Georgia Southern University in partial fulfillment of the requirements for the degree Master of Arts." Under the direction of Chris L. Gibson. ETD. Electronic version approved: May 2007. Includes bibliographical references (p. 95-103) and appendices.

Published Articles
The dawn of a democratic South Africa in 1994 established a society entrenched in Human Rights milieu. As such, public schools are meant to align their policies with the rule of the law. Particularly, section 10 (1) of South African Schools Act, 84 1996 (hereafter SASA) respectfully prohibits the administration of corporal punishment directed at a learner in public schools. The subsequent section 10 (2) of SASA admonishes that any person contravening section 10 (1) of SASA is liable on conviction to a sentence which could be imposed for assault. These mentioned provisions of the school legislation are consistent with section 10 of the Constitution of the Republic of South Africa (RSA) which affords every person the inherent right to dignity of the person. Against the afore-mentioned legislative provisions, teachers have resorted to the use of sarcasm as a tool to inflict punishment in the manner that it could be equated with corporal punishment. Sarcasm is a form of language that is used to cause emotional and psychological harm, belittle, ridicule and humiliate the person it directed at. Judged against the provisions of the legislation governing schools in South African public schools, sarcasm could be said to be a direct violation of fundamental rights of learners to dignity of the person. In order to explore the intonation of sarcasm as supplement for corporal punishment the research paper employed a qualitative critical emancipatory research (CER) approach. Data gathered through a purposive sample of ten secondary teachers was analysed by the use of textual oriented discourse analyses.

L’objectif de cette recherche est d’appréhender les punitions corporelles en tant que phénomène éducatif au regard des droits des enfants à partir des représentations sociales des parents ordinaires. L’étude a impliqué des mères et pères de familles biparentales, sans risque économique, habitant la ville de Barranquilla en Colombie. La démarche s’inscrit dans une perspective pluridisciplinaire combinant l’éducation familiale, la théorie des représentations sociales issue de la psychologie sociale et les études sur la conscience du droit, issues de la sociologie juridique (Legal Consciousness Studies - LCS). Le recueil de données a été réalisé avec deux instruments : le réseau d’associations et l’entretien semi-directif. Le premier permet de recueillir les mots évoqués de façon spontanée à partir d’un terme inducteur et d’atteindre la construction du contexte sémantique de la représentation. L’analyse prototypique des réseaux avec le logiciel EVOC 2003 a permis d’explorer la structure représentationnelle. Cinq objets de représentations ont été examinés pour la caractérisation de son contenu et de sa structure : Punitions-récompenses, Droits de l’enfant, Autorité des pères et mères, Éducation dans la famille, Garçons-Filles. Cette approche a contribué à une compréhension approfondie du phénomène des punitions corporelles du point de vue des acteurs. L’analyse des entretiens a été faite avec le logiciel Atlas.ti en s’appuyant sur les catégories conceptualisantes. Cette analyse permet d’approfondir la connaissance des éléments représentationnels et leur relation avec la narration du quotidien par les parents. Les récits obtenus décrivent la reconstruction par les participants des discours issus de la tradition, du champ juridique et du champ savant, trois discours qui sont intégrés dans le réseau de la pensée sociale. L’examen de la reformulation du discours juridique et de la représentation sociale des droits des enfants ouvrent la voie à la compréhension de la construction par les parents ordinaires d’une légalité particulière
The research aimed to characterize corporal punishment as an educational phenomenon in tension with the rights of the children, from the social representations of ordinary parents. The study included parents from bi-parental families, excluding the population in economic risk, living in Colombia. The approach involved a multidisciplinary perspective -family education, theory of social representations and legal consciousness studies (LCS)-. The gathering of data is performed with two instruments: the associations networks and semi-structured interviews. The first one allows to reach the construction of the semantic context of the representation. The prototypical analysis of networks made with the EVOC 2003 software led to the exploration of the representational structure. Five objects of representation were examined for the characterization of their content and structure: Punishments-rewards, Children’s rights, Parental authority, Family education, Boys-girls. This approach searched for a deep understanding of the phenomenon of corporal punishment from the point of view of the actors. The treatment of the interviews by the Atlas.ti software was made using conceptualizing categories. This analysis allowed deepening the knowledge of representational elements and their link with stories of everyday life from the parents. The obtained narratives exposed the participants' reconstruction of the discourses emerging from tradition, the legal field, and the learned field; which would be integrated to the social thought network. The examination of the reformulation of the legal discourse and the social representation of children’s rights opens the way to understanding the construction of special legality by the parents on a daily basis
La investigación tuvo por objetivo caracterizar el castigo físico en tanto fenómeno educativo en tensión con los derechos de los niños desde las representaciones sociales de los padres ordinarios. El estudio se desarrolló en Colombia con madres y padres de familias biparentales. Éste se inscribe en una perspectiva multidisciplinaria - educación familiar, teoría de las representaciones sociales y estudios de la consciencia del derecho -. La recolección de los datos se realizó a través de dos instrumentos: las redes de asociaciones y las entrevistas semi-estructuradas. El primero permite alcanzar la construcción del contexto semántico de la representación. El análisis prototípico de las redes con el software EVOC 2003 conduce a explorar la estructura representacional. Cinco objetos de representaciones fueron examinados para la caracterización de su contenido y estructura: Castigos- premios, Derechos de los niños, Autoridad de los padres y madres, Educación en la familia, Niños-niñas. Esta aproximación busca la comprensión del castigo físico desde la perspectiva de los actores. El tratamiento de las entrevistas en el software Atlas.ti se realizó con la ayuda de categorías conceptualisantes. Dicho análisis permite acceder al conocimiento de los elementos representacionales y su relación con las narrativas acerca del cotidiano de los padres. Los relatos recogidos exponen la reconstrucción realizada por los participantes de los discursos emergentes de la tradición, el campo jurídico y de origen experto, los cuales estarían integrados en la red de pensamiento social. El examen de la reformulación del discurso jurídico y la representación social de los derechos de los niños abre la vía a la comprensión de la legalidad particular construida por los padres en el cotidiano

Darbe analizuojami skirtumai tarp Lietuvos vaiko apsaugos teisės aktų ir Jungtinių Tautų vaiko teisių konvencijos nuostatų bei keliamas klausimas, ar Lietuvos teisinė vaiko apsauga nuo smurto užtikrina Jungtinių Tautų keliamus tikslus dėl fizinių bausmių draudimo. Išnagrinėtos fizinio smurto rūšys bei formos nacionaliniu ir tarptautiniu lygmeniu. Atlikta Jungtinių Tautų vaiko teisių konvencijos, Europos žmogaus teisių konvencijos, Jungtinių Tautų vaiko teisių komiteto rekomendacijų nuostatų analizės. Nustatytas fizinės bausmės ir fizinio smurto teisinis santykis. Magistro darbe taip pat atskleista, ar fizinių bausmių reglamentavimas nepažeidžia privataus šeimos gyvenimo teisės. Pateikiama teisinės vaiko apsaugos problematika Lietuvoje. Aptariamas baudžiamasis ir administracinis teisinis vertinimas. Problemos sprendimui pagrįsti išnagrinėta Lietuvos teismų praktika. Darbo pabaigoje pateikiamos rekomendacijos dėl fizinių bausmių draudimo reglamentavimo Lietuvoje.
Having analysed the differences between the child protection legislation in Lithuania and the United Nations Child Rights Convention, in the paper it has been revealed that Lithuania does not implement the objectives set by the United Nations on banning of corporal punishment. The study has revealed that in the national domestic law Lithuania has not banned corporal punishment by law. The concept of corporal punishment is not defined neither by a framework of child’s rights nor by domestic violence laws in Lithuania. Having examined all issues, it is concluded that the corporal punishment is violation of human dignity and the right to bodily integrity and the inviolability, because it contradicts the provisions of European Convention on Human Rights.

M.A.
The child and youth care system in South Africa was transformed on recommendations of the Inter-Ministerial Committee on the Transformation of the Child and Youth Care System in 1996. The South African Constitution, The Bill of Rights and the Children’s Act 38 of 2005 and its amendment Children’s Act 41 of 2007 ensure that the best interest of children is paramount in all services to children. Corporal punishment was abolished as a method of disciplining children because of its punitive nature and the negative effects it had on children. The motivation for this study arose from the need of the researcher to find out what has replaced corporal punishment, if anything, in the rights-based post corporal punishment era. The objectives for the study were: to explore what was perceived as challenging behavior by the children and child care workers, to establish what methods were used to manage what was perceived as challenging behavior, to explore what training was received by the child care workers to assist them in managing challenging behavior and to make recommendations on the findings. An exploratory, descriptive qualitative research design approach was found to be suitable for this qualitative study. Focus groups were conducted as a means of collecting data. Findings from the study indicated that not much had changed with regards to the methods used to discipline children in the institution post the corporal punishment era. From the study it could be deduced that there is still a lot to be done in terms of alternatives in managing challenging behaviour of children. The study makes recommendations that will involve all significant role players including children in managing challenging behaviour in places of care.

The researcher aimed to investigate the laws and policies regulating the use of corporal punishment in Swaziland schools by benchmarking these against HRL, and to investigate the non-compliance of selected schools in the Hhohho and Manzini regions with these legal prescripts. This was done in the two participating schools in the study. The study employed the qualitative approach, using two cases to source the information from the participants. Interviews and questionnaires were used to collect the data from the participants. The principals and their deputies were interviewed, whilst the teachers and learners responded to questionnaires. The literature review revealed that the teachers tend not to adhere to the prescripts in respect of the abuse of corporal punishment. The literature review focusing on the Swaziland situation brought to light that the teachers go beyond the legal prescripts when administering corporal punishment. The results indicated that in Swaziland corporal punishment is legal while, according to the Human Rights Law, it is a crime. The study indicated that teachers do not adhere to the legal prescripts on corporal punishment. Of the ten requirements for corporal punishment, the teachers complied fully with only two. It was also found that the teachers were not conversant with the legal prescripts. Some of the requirements did not seem viable to them to comply with. The researcher recommended that the Swaziland Constitution be aligned with the Human Rights Law, and that principals monitor the abuse of corporal punishment.
Educational Leadership and Management
M. Ed. (Education Management)

Through the centuries the parental authority has dwindled from the absolute power of the father to the rights of autonomy of the child. At present in the South African law the parental authority is still largely determined by the common law and can be described as the sum total of rights and obligations which parents enjoy in relation to their children. Guardianship and custody are the separate incidents of parental authority. The Child Care Act 74 of 1983, The Constitution of the Republic of South Africa 108 of 1996, The Guardianship Act 192 of 1993, The Choice on Termination of Pregnancy Act 92 of 1996, the ratification of the United Nations Convention on the Rights of the Child 1989 by South Africa on 16 June 1995 and case law have contributed to increasing limitations on the exercise of parental authority. A balance needs to be found between the parental authority and the rights of the child to ensure that neither is absolute. Parents need to respect the evolving capacities of the child and children need to respect the guidance of the parents.
Jurisprudence
LL.M

Résumé La recherche présentée ici porte sur la manière dont les protestants conservateurs francophones du Québec évaluent la compatibilité entre leurs croyances religieuses et les lois qui limitent le recours au châtiment corporel à l’égard des enfants. Plus précisément, elle s’intéresse à la façon dont ils résolvent les conflits éventuels entre leurs croyances puisées dans la Bible et ces lois. En ce sens, la Bible prescrit dans plusieurs de ses versets, notamment dans le proverbe 22 :15, d’utiliser le châtiment corporel comme moyen pour chasser une inclination au mal qui serait innée chez les enfants et d’effectuer ce châtiment à l’aide d’une verge. De ce fait, de nombreux protestants conservateurs emploient des objets (cuillers en bois, bâtons, baguettes) pour administrer ce châtiment à leurs enfants. Or, ces pratiques entrent en contradiction avec l’article 43 du Code criminel du Canada qui limite et encadre le recours au châtiment corporel et avec la Loi sur la protection de la jeunesse du Québec qui protège les enfants contre des traitements pouvant s’apparenter à de la maltraitance et qui risquent de compromettre leur développement. La méthodologie utilisée est une méthodologie qualitative mixte basée d’abord sur une série d’observations non participantes in situ à des services religieux et des ateliers d’enseignement doctrinal dans quatre congrégations protestantes conservatrices (deux Églises évangéliques, une Église pentecôtiste et une Église baptiste) suivie d’une série d’entretiens auprès de trente-neuf protestants conservateurs québécois francophones appartenant à ces congrégations. Ce matériel a été complété par une analyse documentaire des écrits produits par ces groupes et des écrits d’autres organisations conservatrices consultés par ces groupes. L’analyse des données a permis de dégager chez les protestants conservateurs à l’étude trois différentes attitudes face à l’incompatibilité entre leurs préceptes religieux et les lois séculières : une attitude de conciliation qui se traduit par un effort d’accommodement de ces préceptes à la loi ; une attitude d’omission face à la loi séculière où l’individu opte pour une désobéissance passive de la loi ; et une attitude contestataire face aux autorités où la désobéissance aux lois est envisagée comme une forme de militance. Nous examinons les éléments qui influencent ces différents positionnements face aux lois. En plus de répondre aux objectifs visés, la présente recherche constitue une étude approfondie du discours des protestants conservateurs québécois francophones sur le châtiment corporel des enfants et de leurs pratiques.
Abstract The goal of this research is to study how French-speaking conservative protestants from Quebec evaluate the compatibility between their religious beliefs and the laws and regulations limiting corporal punishment of children. The specific issue is how they resolve eventual conflicts between their beliefs derived from the Bible and the legal framework. Several verses from the Bible, in particular Proverbs 22:15, prescribe corporal punishment with a rod in order “to drive it far from him” a supposedly innate child’s inclination to evil. Hence, many members of conservative Protestant groups use objects (wooden spoons, sticks, rods) to inflict corporal punishment to their children. This practice puts them in contravention of article 43 of the Canadian Criminal Code, which limits and frames the use of physical punishment, as well as with Quebec’s Youth Protection Act, that protects children from mistreatment, or whose security or development is or may be in danger. The study applies a hybrid qualitative methodology based on a series of non- participant observations in situ of the religious services and doctrinal workshops at four conservative protestant congregations (two Evangelical churches, a Pentecostal one and a Baptist one) and interviews with 39 French-speaking members of such congregations from Quebec. Observations and interviews were supplemented with documentary analysis of material written or consulted by these groups. From the analysis of the data, we derived three different attitudes of the protestant groups considered in the study when contradiction arises between religious doctrine and the law: conciliation, with an effort to accommodate religious beliefs to the precepts of the law; omission, which results in a passive disobedience of the law, and a challenging attitude vis-à-vis the authorities where disobedience to the laws is considered a form of militancy. Different elements are taken into consideration in the decision-making process that leads to the different attitudes. In addition to its original goals, the research constitutes a detailed description of the doctrine of corporal punishment of children by conservative protestant French- speaking congregations from Quebec and several examples of its practices.

The way in which educators’ competency to enforce disciplinary measures in the classroom is influenced by learners’ fundamental rights is investigated in this study. An in-depth literature study was conducted, and questionnaires and semi-structured interviews were used to collect data at five rural high schools in the Southern Cape. The research findings indicate that participants’ understanding of the stipulations of important relevant acts and government notices is insufficient to manage problem situations regarding discipline with confidence. There is undoubtedly a need for information sessions and/or workshops that not only convey information on a theoretical level, but apply the stipulations of relevant legal sources and the principles of effective classroom management to educators’ daily classroom situations in a practical and functional way. A positive approach to discipline and restorative disciplinary measures that are based on respect and the positive development of learners are upheld, and various important principles that will promote more effective classroom management are suggested.
Teacher Education
M. Ed. (Onderwysbestuur)

Desde a modernidade, com o contributo de autores como Locke e Rosseau, a conceção de criança anteriormente aceite, que a entendia como um adulto inacabado, incompleto, foi paulatinamente sendo alterada. A partir de contributos filosóficos e científicos, a sociedade passou a encará-la como um ser com características e especificidades próprias, nomeadamente detentora de uma fragilidade que torna imperativa a sua proteção legal adicional. Para essa reconstrução social da criança foi fulcral a Convenção dos Direitos das Crianças, datada de 1989, que lhe atribuiu o estatuto de sujeito de direitos, e que a define, nos termos do seu art. 1º, como “todo o ser humano menor de 18 anos, salvo se, nos termos da lei que lhe for aplicável, atingir a maioridade mais cedo”. A partir de então, o desafio foi conciliar a nova visão da criança com o exercício das responsabilidades parentais que, embora já não tenham a conotação da anterior designação (poder paternal), contêm ainda resquícios enraizados na nossa comunidade progenitores em relação aos filhos. Propomo-nos a indagar se os castigos corporais são ainda admissíveis no âmbito desse poder-dever, ou não, na medida em que a linha que os separa de uma possível colisão com os direitos das crianças, hoje já reconhecidos, é muito ténue. Ademais, caso se verifique a violação destes direitos, tentaremos aferir de que forma poderá o Estado intervir.
Since modernity, with the contribution of authors such as Locke and Rosseau, the previously aceepted conception of the child, who was understood as an unfinished, incomplete adult, has been gradually changing. From philosophical and scientific contributions, society came to regard children as a human being with its own characteristics and specificities, namely endowed with a fragility that makes their additional legal protection imperative. For this social reconstruction of the child was crucial the Convention on the Rights of the Children, dated from 1989, which gave them the status of subject of rights, and which defines it, under the terms of its art. 1º, as “every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier. From then on, the challenge is to reconcile the new vision of the child with the exercise of parental responsibilities, which although no longer have the connotation of the previous designation (parental power), we still find remnants rooted in our community of what it once mirrored, particularly regarding the content of the educational duty-power of the parents regarding to their children. We propose to consider whether corporal punishment is still permissible under this power-duty, or not, as the line that separates it from a possible collision with the rights of children, already recognized, is very thin. In addition, if we came to the conclusion that is occuring the violation of those rights, we will try to asses how the state may intervene.