Статті в журналах: "Corporal punishment and children's rights"

1

Archambault, Caroline. "Pain with Punishment and The Negotiation of Childhood: An Ethnographic Analysis of Children's Rights Processes in Maasailand." Africa 79, no. 2 (May 2009): 282–302. http://dx.doi.org/10.3366/e0001972009000722.

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Children's rights activists contend that corporal punishment in schools is a form of child abuse which hinders children's learning. Yet most parents and teachers in Maasailand, Kenya consider corporal punishment, if properly employed, to be one of the most effective ways to instil the discipline necessary for children to learn and grow well. Responding to calls for a more empirical anthropology of rights, this article provides an ethnographic analysis of the practice of corporal punishment in domestic and primary school settings, exploring its pedagogical, developmental and social significance, and illuminating its role in the production and negotiation of identities and personhood.

2

McGillivray, Anne. "Children's Rights, Paternal Power and Fiduciary Duty: From Roman law to the Supreme Court of Canada." International Journal of Children's Rights 19, no. 1 (2011): 21–54. http://dx.doi.org/10.1163/157181810x527996.

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AbstractParental rights originate in patria potestas, the proprietary power of the Roman father, and its incidents of custody, control and corporal punishment. Parental rights as proprietary rights, as rights over another, cannot co-exist with children's rights. What, then, are parental rights in the age of children's rights? This Essay surveys the influence of Roman doctrine on modern law in and through the Supreme Court of Canada. The court acknowledges children's rights, views proprietary rights over children as a thing of the past and recognizes custody as the child's right, not the parent's. Yet the court vitiated the fiduciary standard for parents, limited state parens patriae jurisdiction and upheld two of the three incidents of patria potestas. By making childhood an excuse for avoiding principled rights analysis, conflating adult interests with children's rights and confusing assault with touch, the court upheld the proprietary rights of corporal punishment and control. If parental rights are understood as rights correlative to parental fiduciary duty, and if rights are seen as markers of relationship rather than its antithesis, then the law is rid of archaic notions of parental rights. The way is open to substantive judicial and social engagement with the rights of the child.

3

Stevanovic, Ivana, and Jelena Srna. "Elimination of corporal punishment of children's a human right." Temida 13, no. 4 (2010): 37–48. http://dx.doi.org/10.2298/tem1004037s.

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The authors indicate the necessity of explicit legal prohibition of all corporal punishment of children that represent a violation of the right of the child to respect his/her physical integrity and human dignity. The paper emphasizes why all corporal punishment of children should be prohibited and points out the progress made at the legislative level to the elimination of all corporal punishment of children in some member states of the Council of Europe and the Republic of Serbia.

4

Durrant, Joan E. "The abolition of corporal punishment in Canada: Parents' versus Children's Rights." International Journal of Children's Rights 2, no. 2 (1994): 129–36. http://dx.doi.org/10.1163/157181894x00321.

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5

Langlaude, Sylvie. "Flogging Children with Religion: A Comment on the House of Lords' Decision in Williamson." Ecclesiastical Law Journal 8, no. 38 (January 2006): 339–45. http://dx.doi.org/10.1017/s0956618x00006499.

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On 24 February 2005 the House of Lords delivered a significant judgment on freedom of religion, parental rights to religious freedom, corporal punishment and children's rights. This paper examines R (Williamson) v Secretary of State for Education and Employment. It argues that the House of Lords adopts a much more generous approach to freedom of religion or belief than the European Court of Human Rights. But it is also critical of the argument derived from children's rights.

6

McLoughlin, Caven S., and Daniel B. Lelless. "School Psychologists' Knowledge of Children's Legal Rights." Psychological Reports 80, no. 2 (April 1997): 451–55. http://dx.doi.org/10.2466/pr0.1997.80.2.451.

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School psychologists need a working knowledge of laws affecting children. This investigation was done to discover whether members of Ohio's school psychological association, including intern school psychologists who were functioning in a supervised capacity, are as knowledgeable about law as they need to be to avoid lawsuits. Participants completed a custom-designed questionnaire, Survey of Children's Legal Rights, including questions assessing knowledge of children's rights in relation to child abuse, suspension and expulsion, corporal punishment, rights in juvenile court, special education, freedom of religion and speech, search and seizure within school, divorce and child custody, school vandalism, and school attendance. Analysis indicated significant misconceptions about legal decisions; however, these school psychology practitioners have adequate legal knowledge about most of the surveyed themes excepting provisions for special education.

7

Van der Kooij, Inger W., Rita K. Chotoe-Sanchit, Gerben Moerman, Ramón J. L. Lindauer, Jaipaul R. Roopnarine, and Tobi L. G. Graafsma. "Perceptions of Adolescents and Caregivers of Corporal Punishment: A Qualitative Study Among Indo-Caribbean in Suriname." Violence and Victims 33, no. 4 (August 2018): 686–707. http://dx.doi.org/10.1891/0886-6708.vv-d-16-00222.

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While the protection of children from all forms of violence is a fundamental right guaranteed by the Convention on the Rights of the Child, violence remains a part of life for children around the globe. Corporal punishment is a form of violence and a dominant practice as a method of corrective parenting in the Caribbean. While researchers are starting to ask children directly about their experiences of violence, there is limited research on children’s perspectives of the function, legality, and boundaries of corporal punishment, particularly in low-and middle-income countries. This study begins to address this gap by reporting on 12 focus groups that were conducted with adolescents (aged 12 to 18 years) and caregivers of Indo-Caribbean background in Suriname. The aim is to explore adolescents’ and caregivers’ shared perspectives about the prevalence of corporal punishment in Suriname, responses to and feelings about its use as a discipline strategy and perspectives of the rationales for and against corporal punishment, and their views on banning it. Analyses were done using ATLAS.ti version 1.0.50, a qualitative data package. Corporal punishment showed to be an everyday experience in children’s lives in Suriname. There was no clear consensus regarding adolescents’ and caregivers’ perspectives on the parental use of corporal punishment. Many participants hesitated to support efforts to prohibit corporal punishment legally. Messages arising from this study could usefully inform the development of a public information campaign on safe and effective discipline of children in Suriname.

8

Durrant, Joan E., and Staffan Janson. "Law Reform, Corporal Punishment and Child Abuse: The Case of Sweden." International Review of Victimology 12, no. 2 (May 2005): 139–58. http://dx.doi.org/10.1177/026975800501200203.

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Over the past 70 years, Sweden has implemented a series of proactive legal reforms aimed at eliminating the corporal punishment of children in homes, schools and institutions. The most recent of these reforms took place in 1979 when Sweden became the first nation to explicitly abolish corporal punishment. The primary purposes of the ban were to recognize and affirm children's rights to security of the person and to inform the public and professionals that corporal punishment is neither socially acceptable nor legally defensible. It was expected that, over time, parents would demonstrate decreasing support for this practice and decreasing use of it. Ultimately, it was expected that the ban, and the legal reforms that led up to it, would contribute to lower levels of parental violence toward children. In the present article, evidence from a variety of sources is examined to assess trends in child physical abuse in Sweden over time. It is concluded that acts of violence against children have declined dramatically in Sweden over recent decades corporal punishment is infrequent, serious assaults are uncommon, and child abuse fatalities are extremely rare. Implications of legal reform for the well-being of children are discussed.

9

Guerrón-Montero, María, and Carla Guerrón-Montero. "En Familia y Comunidad: Children's Rights and Parent's Discourses on Corporal Punishment in Urban Chile." Practicing Anthropology 24, no. 4 (September 1, 2002): 11–16. http://dx.doi.org/10.17730/praa.24.4.7242878l155n232r.

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10

Mishra, Navin, Kashi Kant Thakur, Rabin Koirala, Devendra Shrestha, Rakesh Poudel, and Rajanee Jha. "Corporal Punishment in Nepalese School Children: Facts, Legalities and Implications." Journal of Nepal Paediatric Society 30, no. 2 (July 13, 2010): 98–109. http://dx.doi.org/10.3126/jnps.v30i2.2929.

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While the Convention on the Rights of the Child (CRC) demands that children be respected as humanbeings with the right to dignity and physical integrity, in Nepal corporal punishment is often considerednecessary to children’s upbringing, to facilitate learning and to instill discipline in the children. Theexistence of this cruel practice towards children is attributed to the weak national policy, unhealthyacademic competition among the schools, poorly trained teachers, superstitious traditional beliefs andhierarchical social structure. Consequently, the children are doomed to suffer this practice resulting innegative physical, mental and social welfare. Besides corporal punishment, sexual abuse in schoolgoing children seems to be frequent but mostly unreported. This is high time we eliminated this violenceagainst children in schools and it calls for holistic approach. For this, it is necessary to pursue a set codeof conduct and raise awareness among the teachers for the child rights in order to stop undignified,inhuman and undisciplined tradition. The awareness and capacity of the health professionals to deal withcomplexities of the child abuse also needs to be promoted. Furthermore, the need of improvements inthe national laws and their proper implementation is a longstanding challenge for the governmental andnongovernmental organizations.Key words: child abuse; child rights; corporal punishment; psychologicalDOI: 10.3126/jnps.v30i2.2929J. Nepal Paediatr. Soc. May-August, 2010 Vol 30(2) 98-109

11

Doubell, Hannelie, and Johanna Geldenhuys. "South African children's voice on school discipline: A case study." International Journal of Children's Rights 19, no. 2 (2011): 321–37. http://dx.doi.org/10.1163/157181811x547254.

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AbstractThis article draws on material from a case study of a South African school. The abolishment of corporal punishment in 1996 necessitates a shift towards alternative discipline methods. It is argued that discipline in school context would be more successful if learners were given a voice in the process. A mixed method approach was employed to gather data by means of questionnaires from 40 learners. Results showed that although mechanisms were introduced to improve children's rights in South African schools, their participation in the process of school discipline is still limited. Recommendations were formulated in line with the findings.

12

Freeman, Michael, and Bernadette J. Saunders. "Can we Conquer Child Abuse if we don’t Outlaw Physical Chastisement of Children?" International Journal of Children’s Rights 22, no. 4 (December 1, 2014): 681–709. http://dx.doi.org/10.1163/15718182-02204002.

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Initially, this paper was delivered as a keynote address at the 17thispcan International Congress held in Hong Kong in 2008. It addresses the question: Can we conquer child abuse if we don’t first outlaw physical punishment of children? It is argued that children’s low status in society and children’s less than optimal development are inextricably linked to corporal punishment in childhood, as is the physical abuse of children that all too frequently begins as disciplinary violence, often euphemistically described as “smacking”, but tragically escalates, resulting in injuries and even death. Attention is drawn to increasing evidence from research around the world that reveals the futility and avoidable negative consequences of physical chastisement, and the paper ends on an optimistic note foreseeing the end of the corporal punishment of children in Asia and elsewhere – a world in which children’s rights are respected and children’s childhoods are freed from the pain and fear of disciplinary violence.

13

Polonko, Karen A., Lucien X. Lombardo, and Ian M. Bolling. "Law Reform, Child Maltreatment and the un Convention on the Rights of the Child." International Journal of Children’s Rights 24, no. 1 (April 19, 2016): 29–64. http://dx.doi.org/10.1163/15718182-02401010.

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Scholars and practitioners stress the need for systematic research on the implementation of the un Convention on the Rights of the Child (crc) and its potential impact on children’s rights. Our study focused on one aspect of implementation – law reform. Drawing primarily on reports to the crc Committee for 179 countries, results show for most countries, implementation is limited and focused far more on child-welfare than child-rights based legislation. The relationship of measures of law reform/legal regime (most notably, the existence of customary law and laws banning corporal punishment) to children’s experience of rights, child physical abuse and mortality, is analysed and theoretically grounded.

14

Sebba, Leslie. "Child Protection or Child Liberation? Reflections on the Movement to Ban Physical Punishment by Parents and Educators." International Review of Victimology 12, no. 2 (May 2005): 159–87. http://dx.doi.org/10.1177/026975800501200204.

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In recent years the debate on the legitimacy of the infliction of corporal punishment by parents on their children has been intensified. This traditional parental power has been challenged both at governmental and legislature levels and in the courts, in some cases leading to its prohibition — a policy which has now been endorsed by various international norm-setting bodies. This article traces the historical development of this abolitionist movement on the international plane and seeks to identify the ideologies which have motivated it. In particular, it assesses the respective roles of the child protection ideology, which is concerned with the prevention of victimization, and the children's rights perspective. The contravening role of the family rights ideology is also considered. The article also uses case-studies to analyse the interplay of these forces on the national level, and considers the usefulness of this analysis to predict abolition.

15

Rajabi-Ardeshiri, Masoud. "Children and Conflict: Exploring Children's Agency at UK Mosque Schools." International Journal of Children's Rights 19, no. 4 (2011): 691–704. http://dx.doi.org/10.1163/157181810x522306.

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AbstractDuring the last two decades, children's right to physical and emotional well-being has become an important item on the childhood agenda, supported by many national and international laws. It is believed that despite the total ban on corporal punishment of children, in schools in the UK, the current legal standards for safeguarding children do not correspond with the realities of children lives. This is particularly the case when the maltreatment of children is perpetrated by parents or by institutions that are rarely exposed to the government's scrutiny. In an attempt to explore children's agency at UK mosque schools, this article, particularly looked at children's experiences of maltreatment in a religious setting. It concludes that while the religious character of mosque schools provides these schools with some level of insulation from allegations of the maltreatment of children, the children themselves responded by resorting to different sources of authority and developing different strategies to resist adults' control and to challenge adult-centred environments.

16

Shelley, Catherine. "Beating Children Is Wrong, Isn't It? Resolving Conflicts in the Encounter Between Religious Worldviews and Child Protection." Ecclesiastical Law Journal 15, no. 2 (April 10, 2013): 130–43. http://dx.doi.org/10.1017/s0956618x13000355.

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Responding to the death of Victoria Climbié in 2003, the Laming Report stated that cultural differences should never again be a factor in inadequate child protection. Yet since that time there have been further deaths of children involving exorcism and allegations of witchcraft, based in part on particular understandings of Christianity. Situations resulting in forced marriage, cliterodectomy, ‘honour’ killing and corporal punishment are practices often perceived as arising from religious belief, both by those who defend them and by critics. This article explores practices perceived as grounded in religious belief or culture that conflict with current child protection practice and norms about what is harmful to children. The role of religious education, rights to manifest religious belief and different understandings of adoption are also considered as examples of religious difference in understandings about children. Engagement with religious difference through a defence of children's rights and autonomy are proposed as one means to resolve conflicts between religious worldviews and what it means to protect children. The aim is to identify and foster reflection and debate about different understandings of what constitutes harm, in order to enhance consensus over child protection where views of what is harmful differ radically.1

17

Różycka-Jaroś, Sylwia. "Sytuacja prawna dzieci w Polsce po 1945 r. Wybrane aspekty z A.S. Makarenką w tle." Problemy Wczesnej Edukacji 39, no. 4 (September 28, 2017): 69–75. http://dx.doi.org/10.26881/pwe.2017.39.06.

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The time after 1945 is one of the most important moments in the process of developing children’s rights, because for the first time in the history of Polish legislation the established law had equalized the legal position of all children, abolishing all differences between those who were born in and outside of marriage. The analysis carried out in the text shows that the law established at that time was not only progressive in relation to the past, but it also kept up to date, about which, after the liberal breakthrough of 1989, we do not want to remember. The developed principles of exercising parental authority, with parents’ rights and duties equated, caused the concept of the child welfare to play a leading role in the interpretation of family law. The child welfare has therefore become the basic value that requires priority treatment. It is also important that after 1945 the process of eliminating children’s corporal punishment from the pre-school and school environment, and now also from the family circle, was initiated.

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Sloth-Nielsen, Julia. "Sideswipes and Backhanders: Abolition of the Reasonable Chastisement Defence in South Africa." International Journal of Law, Policy and the Family 34, no. 2 (August 1, 2020): 191–203. http://dx.doi.org/10.1093/lawfam/ebaa005.

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Abstract This article reviews the abolition of the defence of reasonable chastisement by the South African Constitutional Court on the grounds that it infringes the Constitution. After detailing the history of the abolition of corporal punishment in a democracy with the Constitution as supreme law, the article dissects the reasoning of the Constitutional Court. It argues that judgment in Freedom of Religion South Africa v Minister of Justice and Constitutional Development (hereafter FORSA), whilst overall positive in its result, is probably a low water mark in the development of children’s rights jurisprudence in South Africa. There are a number of inadequacies and strangely deferential statements in the FORSA decision. Whilst inescapably coming to the constitutionally correct decision, the reluctance of the Court to reach this point, and its desire to accommodate the religious and cultural beliefs of the appellants, is evident. The way forward has, as a result, been left rather obscure.

19

Vlasis-Cicvaric, I., I. Prpic, M. Boban, and Z. Korotaj. "Children's reflections on corporal punishment." Public Health 121, no. 3 (March 2007): 220–22. http://dx.doi.org/10.1016/j.puhe.2006.09.016.

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20

Catron, Thomas F., and John C. Masters. "Mothers' and Children's Conceptualizations of Corporal Punishment." Child Development 64, no. 6 (December 1993): 1815. http://dx.doi.org/10.2307/1131471.

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21

Lansford, Jennifer E., Jennifer Godwin, Liliana Maria Uribe Tirado, Arnaldo Zelli, Suha M. Al-Hassan, Dario Bacchini, Anna Silvia Bombi, et al. "Individual, family, and culture level contributions to child physical abuse and neglect: A longitudinal study in nine countries." Development and Psychopathology 27, no. 4pt2 (November 2015): 1417–28. http://dx.doi.org/10.1017/s095457941500084x.

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AbstractThis study advances understanding of predictors of child abuse and neglect at multiple levels of influence. Mothers, fathers, and children (N= 1,418 families,Mage of children = 8.29 years) were interviewed annually in three waves in 13 cultural groups in nine countries (China, Colombia, Italy, Jordan, Kenya, Philippines, Sweden, Thailand, and the United States). Multilevel models were estimated to examine predictors of (a) within-family differences across the three time points, (b) between-family within-culture differences, and (c) between-cultural group differences in mothers' and fathers' reports of corporal punishment and children's reports of their parents' neglect. These analyses addressed to what extent mothers' and fathers' use of corporal punishment and children's perceptions of their parents' neglect were predicted by parents' belief in the necessity of using corporal punishment, parents' perception of the normativeness of corporal punishment in their community, parents' progressive parenting attitudes, parents' endorsement of aggression, parents' education, children's externalizing problems, and children's internalizing problems at each of the three levels. Individual-level predictors (especially child externalizing behaviors) as well as cultural-level predictors (especially normativeness of corporal punishment in the community) predicted corporal punishment and neglect. Findings are framed in an international context that considers how abuse and neglect are defined by the global community and how countries have attempted to prevent abuse and neglect.

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Miller, Aaron L. "Corporal Punishment in Japan." Anthropology in Action 23, no. 1 (March 1, 2016): 39–45. http://dx.doi.org/10.3167/aia.2016.230106.

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AbstractThis article is about the controversial educational practice of corporal punishment – known as taibatsu in Japan – which challenged me to reflect upon my anthropological heart and find my anthropological identity. Corporal punishment is a practice around which many ideas and discourses about education, social order, human rights and even power swirl, and it is therefore an inherently sociocultural practice wherever it takes place. Like other forms of violence, it also poses a personal challenge to anthropologists who observe it in practice and have to decide whether to remain an observing bystander. At one time, I made that choice. In this article, I explain why I no longer do.

23

Eisenberg, Nancy, Lei Chang, Yue Ma, and Xiaorui Huang. "Relations of parenting style to Chinese children's effortful control, ego resilience, and maladjustment." Development and Psychopathology 21, no. 2 (April 1, 2009): 455–77. http://dx.doi.org/10.1017/s095457940900025x.

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AbstractThe purpose of the study was to examine the relations of authoritative parenting and corporal punishment to Chinese first and second graders' effortful control (EC), impulsivity, ego resilience, and maladjustment, as well as mediating relations. A parent and teacher reported on children's EC, impulsivity, and ego resilience; parents reported on children's internalizing symptoms and their own parenting, and teachers and peers reported on children's externalizing symptoms. Authoritative parenting and low corporal punishment predicted high EC, and EC mediated the relation between parenting and externalizing problems. In addition, impulsivity mediated the relation of corporal punishment to externalizing problems. The relation of parenting to children's ego resilience was mediated by EC and/or impulsivity, and ego resilience mediated the relations of EC and impulsivity to internalizing problems.

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McLean, Angus. "CORPORAL PUNISHMENT OF CHILDREN IN TONGA – A VIOLATION OF CONSTITUTIONAL RIGHTS." ASIA-PACIFIC JOURNAL ON HUMAN RIGHTS AND THE LAW 15, no. 1-2 (April 6, 2014): 73–118. http://dx.doi.org/10.1163/15718158-15010205.

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Corporal punishment of children is pervasive throughout the Pacific Island nation of Tonga. In May 2014, a mother was imprisoned for causing the death of her 14-year-old daughter who was beaten with a stick, watering hose and hammer and left to die on her living room floor. Tonga remains in a group of 39 countries that retain corporal punishment of children as a legal sanction for a crime and has defied recent calls during the Universal Periodic Review to abolish these laws. Despite the Tongan Court of Appeal observing corporal punishment to be a violation of the Constitution of Tonga and the jus cogens right to freedom from torture, the court has yet to suspend the operation of these laws. This article argues that the court has failed to protect the fundamental rights guaranteed to children and uphold the Constitution as the supreme law of Tonga. Analysis of the Constitution and the presentation of literature detailing the pervasive and destructive nature of corporal punishment in Tonga highlights the material extent of this injustice. This supports a call for the complete legislative prohibition of corporal punishment in Tonga, including in the criminal justice system, schools and the home.

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Saunders, Bernadette. "Corporal Punishment of Children: A Human Rights Violation." International Journal of Children's Rights 18, no. 4 (2010): 661–64. http://dx.doi.org/10.1163/157181810x522324.

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Humphreys, Sara. "Gendering corporal punishment: beyond the discourse of human rights." Gender and Education 20, no. 5 (September 2008): 527–40. http://dx.doi.org/10.1080/09540250701797150.

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KOVAČEVIĆ, МILICA. "PROHIBITION OF CORPORAL PUNISHMENT OF CHILDREN, GENERAL CONSIDERATIONS AND THE CIRCUMSTANCES IN SERBIA." Kultura polisa, no. 44 (March 8, 2021): 85–97. http://dx.doi.org/10.51738/kpolisa2021.18.1r.2.03.

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The problem of corporal punishment of children occupies significant attention of general public and professionals, and also opens up moral, legal and political issues. In recent years, ideas about the introduction of a complete and explicit prohibition of corporal punishment of children have been strengthening globally. Proponents of the ban of corporal punishment are opposed by those who believe that the introduction of a ban implies a restriction on the right to private and family life and a reduction of parental rights, and also that the ban represents an attack on traditional values. In order to comprehensively understand the phenomenon of corporal punishment, presentations in the paper are designed so that corporal punishment of children is viewed from pedagogical, sociological and international law aspects, with emphasis on the reasons that speak in favor and against this type of punishment. The author has also tried to point out to the circumstances in Serbia, and to express his own position about the way in which the law in Serbia should treat corporal punishment of children.

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GREWCOCK, MICHAEL. "Detention, Punishment and Children's Rights: An Australian Snapshot." Howard Journal of Criminal Justice 48, no. 4 (September 2009): 388–400. http://dx.doi.org/10.1111/j.1468-2311.2009.00575.x.

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Grinevičiūtė, Kristina, and Iveta Vitkutė - Zvezdinienė. "Social and Legal Issues of Corporal Punishment of Children." Studia Prawnicze KUL, no. 4 (December 9, 2018): 93–104. http://dx.doi.org/10.31743/sp.4711.

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Research problem. A democratic state is guided by the rule of law and the principles of the human rights and freedoms. Ratifying the European Convention on Human Rights and The European Social Charter or Revised European Social Charter, Member States undertake to respect all people of their jurisdiction rights, including all children. The child is not the family or the state property. Child is a citizen from birth, so it is necessary to look seriously into each such member public offense. When we talk about the criminal cruelty, especially in serious case of child rights violation (murder, sexual assault, and so on), everyone unanimity agree, that no one member of the society cannot tolerate such child abuse. But society begins to split into different camps – from the positive approach into the sentence, to the punishment classification into violence-category - when the discussion is tilting about the child's upbringing without violence. This tendency is due to several reasons. First is that a deliberate arm lift against a child is the belief that slapping "educated" child will become better. Second, parenting is the natural values, or in other words, the right of parents to educate their children in their own training methods. The aim of this article is to provide legal assessment of corporal punishment of children for educational purposes. In order to achieve this aim will be analyse the position of legislator of corporal punishment of children for educational purposes; by analyse proposals and ideas regarding delimitation of corporal punishment, to single out the theories of corporal punishment of children for educational purposes in criminal law jurisprudence.

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Behniafar, Ahmad Reza, and Mahmood Poyan. "Corporal Punishment of Children in Iranian Law and International Instruments." Journal of Politics and Law 9, no. 3 (April 28, 2016): 16. http://dx.doi.org/10.5539/jpl.v9n3p16.

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Corporal punishment of children in their education are important issues that historically have been accepted and Yankvhsh Unfortunately in today's society has neglected the rights of children and adults of these rights by violated. Islamic jurisprudence is recommended to right what ways? As well as laws have been codified in law what is? In the verses of Quran and Hadith from the infallible Imams come from (PBUH) emphasizes the reverence, love, forgiveness, compassion and Rfq and productive than children. On Islamic law, as is early in the punishment of child esteem and under certain conditions as a measure to maintain the system for training and behavior modification, family and children, voided, and to protect the interests, sanctions such as liability and responsibility, provided is. In this regard, in particular understanding of Islam and Shiite jurisprudence that laws in our country is the source and the directive could be an important step for appropriate legislation B for children. The law tries years of punishment and corporal punishment of children to prevent and eliminate this phenomenon in human society and in recent years a comprehensive international instrument to assert the rights of children and the prohibition of corporal punishment for exercising their raised have. Thus, at the outset, and seemingly contradictory approaches is formed. Therefore, in this study, explain and evaluate the real subject of two approaches have been tried according to the interests, rights, education, interests and protect the interests of children, the ways to close the two approaches together will be offered.

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Marisavljevic, Masa, Jelena Srna, and Lazar Tenjovic. "The predictors of parental use of corporal punishment in the upbringing of children of preschool age." Temida 21, no. 2 (2018): 269–91. http://dx.doi.org/10.2298/tem1802269m.

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Although Serbia has ratified the United Nations Convention on the Rights of the Child and thus committed itself to a complete ban on the corporal punishment in all settings, including home, very little is known about what kind of parents punish their children, how frequently and what their attitudes on this topic are. The objectives of the study presented in this article were: to determine what beliefs prevail among parents of preschool children in terms of corporal punishment of children, what is the incidence of corporal punishment in the upbringing of children of preschool age, and whether differences between parents regarding the use of corporal punishment in the upbringing of children of preschool age could be explained by the socio-demographic, individually psychological factors and experiences of parents in coparenting. The study included 293 parents of both genders, whose children attended preschools in Belgrade, Novi Sad and municipality of Alibunar. The respondents filled out a questionnaire that included various issues related to sociodemographic and individually psychological factors, a questionnaire on Attitude towards corporal punishment, a questionnaire on Beliefs about corporal punishment, as well as the questionnaire on Experiences in coparenting. The results have shown that parents believe that physical punishment harms a child (71%), that the child can be punished sometimes, or in exceptional cases but only slightly (about 50%). When it comes to the prohibition of corporal punishment, 46% of parents believe that it should be introduced. On the issue of the incidence of corporal punishment, 41% of parents have never applied corporal punishment, while 59% of them have applied corporal punishment: 45% of them on an annual, 12% on a monthly, 1% on a weekly, and 1% on an everyday basis. Parents with three or more children, who have experienced corporal punishment during their own childhood and those who have a more positive attitude towards corporal punishment are more likely to apply corporal punishment in the upbringing of their children. Younger parents are also more likely to punish children, however when we take into account the socio-demographic factors only. Experiences in coparenting are correlated with, but in the context of other predictors do not provide unique contribution to the predicton of the use of corporal punishment. Further research are needed in order to obtain more precise and broader picture about this subject.

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Flynn, Clifton P. "Exploring the Link between Corporal Punishment and Children's Cruelty to Animals." Journal of Marriage and the Family 61, no. 4 (November 1999): 971. http://dx.doi.org/10.2307/354017.

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Nargis Abbas, Beenish Ijaz Butt, and Uzma Ashiq. "Corporal Punishment Act in Public Schools: A Phenomenological Analysis of Perceptions of Practitioners." Journal of Business and Social Review in Emerging Economies 6, no. 4 (December 4, 2020): 1415–25. http://dx.doi.org/10.26710/jbsee.v6i4.1466.

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Corporal punishment (CP) is a conspicuous and serious matter of Pakistani schools. In response to this prevalent social problem the government of Pakistan like other countries has legislated against corporal punishments through Corporal Punishment Act, 2010 which restricts CP of every type in all educational institutes of the country. The said policy was promulgated to secure the child rights in the country but the flip side of the policy presents a different picture. This paper aims at investigating challenges faced by of the elementary public-school teachers as policy practitioners about the ban on corporal punishment by the government. This paper is based on qualitative social research methodology and used phenomenological research approach. Phenomenological interviews were used to collect the data until data reached at saturation. The data was analyzed by following the overall process guided by Creswell. Major derived themes from data were Perceptions of teachers regarding ban on Corporal Punishment, Post Corporal Punishment Legislation Challenges and Opinion of teachers regarding Government policy on CP followed by several sub-themes. It was concluded that the state vision to promote child welfare is hardly seen through its policies as at the end the welfare of the target group must be assured not doubted.

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Carter, Mark. "The Constitutional Validity of the Corporal Punishment Defence in Canada: A Critical Analysis of Canadian Foundation for Children, Youth and the Law Versus Canada (Attorney General)." International Review of Victimology 12, no. 2 (May 2005): 189–211. http://dx.doi.org/10.1177/026975800501200205.

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In Canadian Foundation for Children, Youth and the Law Versus Canada the Supreme Court rejected the Foundation's arguments that the corporal punishment defence denies children rights that are guaranteed to them under the Canadian Charter of Rights and Freedoms. The author argues that among the unfortunate aspects of the Court's decision is the extent to which it identifies the perpetrators of violence against children, rather than the children themselves, as the most deserving recipients of concern about victimization in the debate over the retention of the corporal punishment defence. By failing to extend basic human rights protections to our most vulnerable citizens, the Foundation decision raises troubling questions about the effectiveness of the Charter and the relationship of Charter litigation to other law reform strategies.

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Bainham, Andrew. "Corporal punishment of children: a caning for the united kingdom." Cambridge Law Journal 58, no. 2 (July 1999): 265–93. http://dx.doi.org/10.1017/s0008197399312010.

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THE ruling of the European Court of Human Rights in A v. United Kingdom (Human Rights: Punishment of Child) [1998] 2 F.L.R. 959 that to beat repeatedly a nine-year-old boy with a garden cane, leaving linear bruises on his thighs and buttocks which remained for up to one week, amounted to “torture or inhuman or degrading treatment or punishment” contrary to Article 3 of the Convention will occasion little suprise. What will have come as unwelcome news to some is the unanimous decision of the Court that the Government of the United Kingdom could itself be held liable for failing to take measures which could have prevented these beatings by the child's stepfather.

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Diamond, Paul. "Is corporal punishment contrary to the European Convention of Human Rights?" Education and the Law 11, no. 1 (January 1999): 43–52. http://dx.doi.org/10.1080/0953996990110103.

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Olson, Sheryl L., Nestor Lopez-Duran, Erika S. Lunkenheimer, Hyein Chang, and Arnold J. Sameroff. "Individual differences in the development of early peer aggression: Integrating contributions of self-regulation, theory of mind, and parenting." Development and Psychopathology 23, no. 1 (January 24, 2011): 253–66. http://dx.doi.org/10.1017/s0954579410000775.

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AbstractThis prospective longitudinal study focused on self-regulatory, social–cognitive, and parenting precursors of individual differences in children's peer-directed aggression at early school age. Participants were 199 3-year-old boys and girls who were reassessed following the transition to kindergarten (5.5–6 years). Peer aggression was assessed in preschool and school settings using naturalistic observations and teacher reports. Children's self-regulation abilities and theory of mind understanding were assessed during a laboratory visit, and parenting risk (corporal punishment and low warmth/responsiveness) was assessed using interview-based and questionnaire measures. Individual differences in children's peer aggression were moderately stable across the preschool to school transition. Preschool-age children who manifested high levels of aggressive peer interactions also showed lower levels of self-regulation and theory of mind understanding, and experienced higher levels of adverse parenting than others. Our main finding was that early corporal punishment was associated with increased levels of peer aggression across the transition from preschool to school, as was the interaction between low maternal emotional support and children's early delays in theory of mind understanding. These data highlight the need for family-directed preventive efforts during the early preschool years.

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Kurkowski, Cezary, and Ewa Jarosz. "Kary cielesne – kontestacja a rzeczywistość." Problemy Wczesnej Edukacji 35, no. 4 (December 24, 2016): 94–105. http://dx.doi.org/10.5604/01.3001.0009.7634.

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The paper presents two faces of the problem of corporal punishment. One is a global tendency or even a movement towards forbidding all forms of violence against children, and also those that have been traditionally presented in upbringing. There are several international legal instruments that undertake the problem of corporal punishment, starting from the Convention on the Rights of the Child. The most important ones are reviewed in the paper as well as some global initiatives that are being undertaken especially in the last decade. The other face of the problem is a practice of the everyday upbringing of children which can still be described as violent, a practice where parents still approve some violent behaviours and still behave violently towards their children. The paper presents a part of the survey carried out among parents of children below 18 years old. The results show that violence in upbringing is visible in Poland, that corporal punishment is still accepted and experienced by Polish children, although in Poland there has been an official ban of corporal punishment since 2010. The survey shows that both knowledge on the law and parents’ attitudes towards some violent behaviours should be corrected.

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Last, Murray. "Children and the Experience of Violence: Contrasting Cultures of Punishment in Northern Nigeria." Africa 70, no. 3 (August 2000): 359–93. http://dx.doi.org/10.3366/afr.2000.70.3.359.

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AbstractArising out of debates over ‘children at risk’ and the ‘rights of the child’, the article compares two contrasting childhoods within a single large society—the Hausa‐speaking peoples of northern Nigeria. One segment of this society—the non‐Muslim Maguzawa—refuse to allow their children to be beaten; the other segment, the Muslim Hausa, tolerate corporal punishment both at home and especially in Qur'anic schools. Why the difference? Economic as well as political reasons are offered as reasons for the rejection of corporal punishment while it is argued that, in the eyes of Muslim society in the cities, the threat of punishment is essential for both educating and ‘civilising’ the young by imposing the necessary degree of discipline and self‐control that are considered the hallmark of a good Muslim. In short, ‘cultures of punishment’ arise out of specific historical conditions, with wide variations in the degree and frequency with which children actually suffer punishment, and at whose hands. Finally the question is raised whether the violence experienced in schooling has sanctioned in the community at large a greater tolerance of violence‐as‐‘punishment’.

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Sigauke, Aaron. "CHILDRENâ€™S VIEWS ON, AND EXPERIENCES OF, PHYSICAL AND VERBAL ABUSE IN SCHOOLS: TWO CASE STUDIES OF PRIMARY SCHOOLS IN HARARE, ZIMBABWE." International Journal of Educational Development in Africa 2, no. 1 (October 28, 2015): 121–48. http://dx.doi.org/10.25159/2312-3540/24.

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Â In Zimbabwe, changes to regulations on corporal punishment have led to claims by teachers, parents and others that the only effective weapon that was there to maintain discipline in schools has been removed. This study aimed at finding out views and experiences of primary school children on the use of corporal punishment and verbal assault as means of maintaining discipline in schools. It set out from the view that physical punishment and verbal assault by school authorities are forms of child abuse and a violation of childrenâ€™s rights. A case study approach was used in two primary schools, one from a low-income location (high-density residential area) and another from a high-income location (low-density residential area), both in Harare. The study established that in spite of the existence of legal instruments, children are physically and verbally abused in various ways. While children are aware of their rights, they, however, find it difficult to report and in some cases do not even know where and to whom to report to. The study makes a number of recommendations directed towards authorities both in and outside the school system responsible for the discipline of children.

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Sorenson, Hannah. "Spare the Rod, Spoil the Society? The Moral Complexity of Caning in Singapore." Journal of Contemporary Sociological Issues 1, no. 1 (February 3, 2021): 35. http://dx.doi.org/10.19184/csi.v1i1.21506.

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You have the opportunity to decide whether or not a person gets caned, the only caveat is that they have committed a crime against you. What will you do? This essay explores the moral complexity of caning in Singapore through an exploration of corporal punishment, criminal justice, moral philosophy, and the Asian values debate; a dilemma that ultimately places concerns of society and the individual at odds. In doing so, the essay argues that the morality of caning changes on the basis of the ethical framework and modification of situation variables. Even so, the moral complexity of caning is not superficially evident. In order to thoroughly engage with all elements of this complexity, this essay begins by attempting to decipher the place of punishment within international human rights frameworks. From there, the essay explores the morality of punishment and its employ in colonial endeavors. This leads to a discussion of modernization, humanitarian ideologies, and control. By creating a framework for analyzing criminal justice in Singapore—including an outline of the intersections of criminal justice, development, and prosperity —this essay seeks to explore the balance between corporal punishment as a tool of prosperity and corporal punishment as a source of pain and degradation. When placed in consequentialist and virtue-based ethical frameworks caning in Singapore looks very different, forcing the moral actor to weigh societal concerns with concerns for individual pain, suffering, and liberties. Keywords: Caning, Morality, Society, Punishment.

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Balasingam, Usharani, Azmawaty Mohamad Nor, and Shanina Sharatol Ahmad Shah. "CORPORAL PUNISHMENT IN MALAYSIAN PUBLIC SCHOOLS: LEGAL AND EDUCATIONAL PERSPECTIVES." IIUM Law Journal 27, no. 2 (December 18, 2019): 525–48. http://dx.doi.org/10.31436/iiumlj.v27i2.462.

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There is a need to consider whether the current school environment cum climate and punishment for indiscipline or behaviour management in Malaysia is relevant and effective in the current age. Foundational values primarily begins at home and in schools. In this regard the school is viewed not only as a place of learning but as a community of relationships where bonds are built where characters and values are shaped. It needs to be a conducive environment for the successful realisation of the Malaysian Education Blueprint (2013-2025) to develop value driven, tolerant and responsible Malaysians. It is a place to nurture inclusivity, respect for the person, consideration, cooperation, respect for diversity, unity, trust and other values desired under the Education Ministry. In this regard, this paper argues that Malaysia Education (School Discipline) Regulations 1959 which was made under a repealed Act need to be reconsidered for its effectiveness. The impact of corporal punishment and violence on children is covered in this paper in addition to relevant court decisions involving teachers and schools. Malaysia has acceded to the Convention for the Rights of the Children, this paper explores the compatibility of the convention with the School discipline Regulation 1959.

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Rowland, Andrew, Felicity Gerry, and Marcia Stanton. "Physical Punishment of Children." International Journal of Children’s Rights 25, no. 1 (June 20, 2017): 165–95. http://dx.doi.org/10.1163/15718182-02501007.

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As at March 2016, 49 states had reformed their laws to clearly prohibit all corporal punishment of children (United Nations 1989) in all settings, including the home (Global Initiative to End All Corporal Punishment of Children, n.d.) By January 2017 this number had reached 52. As the trend moves towards abolition, it is not an acceptable position for the United Kingdom (uk), the United States of America (usa) and Australia (Poulsen, 2015) to remain missing from that list. Whilst they are, effectively, a child (a person aged under 18 years of age), is the only person in all three countries that it is legal to hit. This article seeks to restate arguments in this area in a simple way to restart the debate in a modern context where understanding of child abuse is perhaps more widespread than it ever was in the past. On 20 October 2014 a report, Living on a Railway Line, was launched in the uk to mark the 25th anniversary of the signing of the un Convention on the Rights of the Child, which took place on 20 November 1989 (Rowland, 2014). It recommended removing the defence of reasonable chastisement in relation to the punishment of children. This article seeks to build on that agenda in a comparative context taking a three way perspective from the uk, the usa and Australia. It concludes that moves to prevent family violence are progressive but the position of a society where physical punishment of children is permitted yet child abuse is forbidden is not a tenable one. Reducing the number of cases of child abuse must begin with a clear message from society that physical punishment of children, whatever the circumstances, is unacceptable. The situation is serious enough to introduce aspirational legislation to remove justifications for physical punishment of children with the aim of modifying behaviour within society.

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Breen, Alison, Karen Daniels, and Mark Tomlinson. "Children's experiences of corporal punishment: A qualitative study in an urban township of South Africa." Child Abuse & Neglect 48 (October 2015): 131–39. http://dx.doi.org/10.1016/j.chiabu.2015.04.022.

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Obadire, Olufunmilayo Tenidade, and Dzivhonele Albert Sinthumule. "Learner discipline in the post-corporal punishment era: What an experience!" South African Journal of Education 41, no. 2 (May 31, 2021): 1–8. http://dx.doi.org/10.15700/saje.v41n2a1862.

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Learner discipline is one of the bases of effective teaching and learning. If learners are not well disciplined, schools will not provide the best possible education. Therefore, it is important that good disciplinary measures and procedures be put in place in any school. In this article we investigate how learners in schools are currently being disciplined without violating their human rights. The nature and the causes of learners’ disciplinary problems are fundamental. A qualitative data-collection approach was employed in this research. Purposive non-probability sampling was used to select the participants for the study. Experienced educators from school disciplinary committees, Representative Councils of Learners (RCLs) and the school principals of 4 schools were interviewed. We found that the common causes of learners’ disciplinary problems varied from school to school. Furthermore, effective school management was found to be at the heart of learner discipline and the general academic performance of the school. We recommend that parents as first teachers should instill values and morals for their children to distinguish right from wrong.

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Sebar, Hind, and Shahrul Mizan Ismail. "THE USE OF FLOGGING AS A PUNISHMENT IN SAUDI ARABIA FROM THE PERSPECTIVE OF INTERNATIONAL HUMAN RIGHTS LAW." IIUM Law Journal 29, no. 1 (June 30, 2021): 77–102. http://dx.doi.org/10.31436/iiumlj.v29i1.609.

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Flogging is one of the most widely-used corporal punishments in Islamic penology. Most countries that practice Islamic criminal law use flogging to punish a variety of crimes and offenses. Saudi Arabia is one of the countries that use flogging to punish various crimes and has faced immense backlash from the international community for gross violation of human rights. The goal of this article is to investigate the implementation of flogging as a punishment in Saudi Arabia. Moreover, it also examines how international human rights law has contributed to limiting flogging as a form of criminal punishment. This study has critically analysed several human rights documents in order to understand how flogging is viewed under international human rights law if compared to the position under the Shari‘ah. Focus on the implementation of flogging in Saudi Arabia is made in particular. In addition, it is found that the application of flogging in Saudi Arabia is overused and is uncodified. Hence, the article signifies the necessity of codifying Islamic law to ensure fair legal procedures. Interestingly, a recent announcement that abolishes flogging as a common form of punishment, indicates the willingness of the kingdom to implement judicial reforms, thereby creating a ray of hope in the form of amendment of laws.

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Sarkin, Jeremy. "The effect on corporal punishment of the South African transitional Constitution and Bill of Rights." International Journal of Children's Rights 3, no. 3-4 (1995): 369–89. http://dx.doi.org/10.1163/157181895x00168.

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Rohner, Ronald P., Shana L. Bourque, and Carlos A. Elordi. "Children's Perceptions of Corporal Punishment, Caretaker Acceptance, and Psychological Adjustment in a Poor, Biracial Southern Community." Journal of Marriage and the Family 58, no. 4 (November 1996): 842. http://dx.doi.org/10.2307/353974.

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Tong, Lian, Ryoji Shinohara, Yuka Sugisawa, Emiko Tanaka, Taeko Watanabe, Tatsuya Koeda, and Tokie Anme. "Buffering effect of parental engagement on the relationship between corporal punishment and children's emotional/behavioral problems." Pediatrics International 57, no. 3 (June 2015): 385–92. http://dx.doi.org/10.1111/ped.12604.

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Fu, Cong, Hua Niu, and Meifang Wang. "Parental corporal punishment and children's problem behaviors: The moderating effects of parental inductive reasoning in China." Children and Youth Services Review 99 (April 2019): 1–9. http://dx.doi.org/10.1016/j.childyouth.2019.01.028.

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