The Fine Line

 

 

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As someone who believes in social progression and advancement, I think a law that is 122 years old and constantly contested should be reviewed. What if it were possible that Sweden’s law makers had the right idea behind the ban of spanking and Canada is 35 years behind the curve? It is a scary thought because Canada is a first world country and often ahead of sociological advancements that relate to human rights and freedoms.

When Swedish researchers considered spanking abuse, I agreed with the idea because it is physical hitting of another person, however; when I speak to parents who attribute their child’s good behavior to strict discipline that at times may include spanking, I feel differently. I don’t believe those parents have ever abused their children and I see healthy, well-adjusted children. At what point will the law intervene and when is spanking considered abuse?

I found it very hard for some people who support corporal punishment defend their views without sounding malicious toward children rights. I found after listening to some parent testimonies on how they felt after spanking their children, they often asked not to be judged. Some parents looked uncomfortable speaking of their experiences. I believe this was the case because over the past couple of decades since a lot of European countries outlawed the practice, Canadians have been told that spanking does not work, it creates a hostile home environment and it also creates aggression in children which may lead to violent criminal behavior.

The parents in the following video share their reasons why they choose to spank or not to spank. I agree with all of their views not because they are all right but because their methods are all within the law and not every child-parent relationship is the same and they have found methods that work for them.

I believe corporal punishment in the home turns to abuse in instances where the spankings are unwarranted. Spanking should only be used in situations where a parent has tried every other effective approach. 



The Trial of Adrian Peterson

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Adrian Peterson is a professional American football player for the Minnesota Vikings. He recently was charged with a criminal offence for spanking his 4 year old son with a switch and leaving bruises and cuts on his body. This case has a lot of people talking. I think mostly because he is a celebrity and because spanking is always a highly debated topic.

According to the Huffington Post, ideas of corporal punishment seem to differ between races and different cultures. The one culture they say is most likely to agree with spanking is southern American communities. The article by The Huffington post is titled “Even Supporters Of Spanking Think What Adrian Peterson Did Should Be Illegal”. The title kind of sums up how I feel about the incident because I do support parents who chose to spank their children, however; I don’t believe it is right to use objects to discipline a child especially as young as 4 years old.

The fact that Adrian Peterson left bruises and cuts on his son says that the force he used was excessive. I think it was appropriate for him to be charged criminally. If convicted, I think the appropriate punishment would be for Peterson to have to commit to parenting classes and community service. I think forcing a jail sentence would be counter-productive. It would leave a young child without a parent in the home and would not provide any rehabilitation.

How do you feel about Adrian Peterson being charged in this matter? Was it the right call by law enforcement? Feel free to comment below.

References

Huffington Post - Parents (2014) Even Supporters Of Spanking Think What Adrian Peterson Did Should Be Illegal September 18^th, 2014 from http://www.huffingtonpost.com/2014/09/18/spanking-poll_n_5843370.html

What is Reasonable Force?

 

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In my previous post, I mentioned the case of the father pushing his daughter in a vehicle and being acquitted of the charges by the Superior Court of Ontario. That case is unique and a situation like that may not arise for every parent. So what guidelines do parents follow when deciding to use spanking as a final resort? I found a great article, “The "Spanking" Law: Section 43 of the Criminal Code” on the Parliament of Canada website. It outlines what the government deems to be acceptable behavior under the statutes.

This article describes reasonable force as “force must be transitory and trifling, must not harm or degrade the child, and must not be based on the gravity of the wrongdoing”. The definition describes that the force must be transitory or trifling. That would mean that the effect of the force should be short lasting and insignificant.

I believe, spanking should never be a means to embarrass, degrade or put the child in a harmful situation. When instances like those happen, I believe that is when a child will develop psychological effects from a spanking.

Discipline should only be used in situations to correct inappropriate behavior or to remove a child from a dangerous or harmful situation. Children should always be spoken to on a level that is understandable to them and age appropriate. I think it is important for a parent to determine if the punishment provided will help a child to learn for the future.

What kind of methods do you think are effective for both discipline and teaching children valuable lessons for the future? Feel free to comment below.

 References

Parliament of Canada (2008) The "Spanking" Law: Section 43 of the Criminal Code June 20^th 2008 from http://www.parl.gc.ca/content/lop/researchpublications/prb0510-e.htm

Spanking and Child Development

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There is overwhelming evidence over the last decade that spanking children can be harmful to child development. The Public Health Agency of Canada advises against spanking because it creates distrust in the child-parent relationship and can create resentment. Joan Durrant of the University of Manitoba advises against corporal punishment because it creates aggressive behavior into adult hood and anti-social behavior (CBC Television, 2012).

With all the figures I have read, some as high as 81% in polls (Moninger, 2012) parents have admitted to spanking their child. If the numbers are true, that would mean that as much as 80% percent of some populations are aggressive, anti-social criminals. It just doesn’t ring true to me. Is it possible that the statistics related to spanking are speaking to corporal punishment gone wrong?

I believe that the children that are negatively affected by spanking are the ones who are spanked unnecessarily or excessively. That is what constitutes as abuse and I believe the bigger issue is child abuse and not spanking. I believe more education should be provided to parents who chose to spank. Parents should be educated on how to determine the difference between child abuse and spanking. If the government still believes that the law is constitutional then why not provide the necessary tools to defend parents decisions?

Do you believe that spanking effects a child’s mental development? Feel free to comment below.

References

Canadian Children's Rights Council (1998-2014) 'Right to spank' law called public health threat February 26^th, 2012 from http://www.canadiancrc.com/Spanking-Corporal_Punishment_Canada_Laws_Statistics_Studies-Children/Spanking-Corporal_Punishment_Children_Canada-Right_to_Spank_Public_Health_Threat_study_06FEB2012.aspx

Parents Magazine (2012) The Great Spanking Debate by Jeanette Moninger January 2012 from http://www.parents.com/toddlers-preschoolers/discipline/spanking/spanking-discipline-debate/

The Spanking World Around Us

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In Canada, our federal legislation still protects spanking in the home. There are other countries that are like Canada and still allow corporal punishment domestically. According to CNN World, as of 2011, 31 countries have banned spanking in the home. The Toronto Sun reports as of December 15^th, 2013 that spanking is now illegal in 34 countries. Some of those countries include Germany, Greece, Isreal, Kenya, Spain and Uruguay.

The first country to ban spanking was Sweden in 1979. Today, 5% of Swedish children are still spanked (Swedish Institute 2014). Afterwards, a lot of European countries followed the trend and banned spanking as well. The Swedish Institute says the government banned spanking because all forms of spanking are seen as violent and abusive. They have claimed that their research proves that once a country makes it a criminal offence to spank their children, instances of child abuse decrease.

There is plenty of evidence that supports Swedish theories so, why does Canada still allow spanking in the home? My belief is that the government does not want to tell parents how to discipline their children. A spanking may get a parent’s point across after many other attempts fail. A spanking allowed by a Canadian parent should never cause any physical harm to a child but according to the Swedish Institute, there are lasting psychological effects regardless of the severity of the spanking.

As a child who grew up in a home and a culture where spanking was not only allowed but encouraged in the case of disobedience, it feels wrong for any government to tell parents how to discipline your children. Although, it is now widely accepted that spanking may have psychological effects on children, I think it is naïve to believe that by changing a law will stop people from spanking their children. I do also believe that that the Swedish government does bring up valid arguments on how to effectively discipline your child. The Swedish Institute believes that words are enough to develop a healthy child-parent relationship.

I believe it is important for governments provide as much possible education to parents and children, provide them with the tools for a happy and successful family unit and allow the discipline decisions to remain in the home. How do you feel about the current state of our law? Would changing the law make Canada a safer place for children? Feel free to comment below.

 

References

CNN World (2014) Corporal punishment policies around the world November 9^th, 2011 from http://www.cnn.com/2011/WORLD/asiapcf/11/08/country.comparisons.corporal.punishment/index.html

Sweden (2014) Smacking Banned Since 1979 March 25^th, 2014 from https://sweden.se/society/smacking-banned-since-1979/

Introduction to Section 43

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Section 43 of the Canadian Criminal Code allows parents to use physical force to discipline their children. This section makes it possible for school teachers, parents and persons acting as parents to use ‘reasonable force’ to physically discipline children. I can appreciate laws such as this, that protect a parent’s right to discipline the way they choose to without facing criminal prosecution.

The law was enacted in 1892 and provides protection for parents who chose to use corporal punishment or spanking as a discipline method. I called my blog conflicted correction because my research tells me that even the government of Canada is conflicted about the protections within the law, as am I. After researching accredited articles, pamphlets and books, the Canadian government shows that they don’t agree with their own statutes. In a pamphlet on the Government of Canada website (http://www.phac-aspc.gc.ca/hp-ps/dca-dea/publications/spanking-fessee/index-eng.php) they provide insight such as “What’s Wrong With Spanking” and “Why Spanking Does Not Work”. These articles force you to believe that the government does not believe that spanking is a safe, useful or necessary practice in parenting.

Looking into these government databases such as the Public Health Agency of Canada and the Canadian Department of Justice, It is hard to find articles that expressly describe the definition of ‘reasonable force’. Also, it feels impossible to find government publications, outside of case law, that supports the use of section of 43 of the Criminal Code.

So why have the law? In a case where a father had “pushed’ his daughter into a vehicle to stop her from attending a party, the father was charged with assault. The daughter told the police that her father had assaulted her. The father was subsequently convicted of the charge. Upon appeal to the Superior Court of Ontario, the father’s conviction was overturned due to the daughter’s poor decision making and the court agreeing that the father was trying to protect her from the bad decisions. The Superior Court of Ontario found that the father had no other tools left to discipline his daughter other than the physical force he used. The father’s right to use reasonable force against his child was protected under this law.

Without a law like section 43 of the Criminal Code, parents no longer have a choice whether or not to use physical force as a means of correction. For most parents who were raised in households where corporal punishment was a norm, it would be a difficult parenting situation where they have no alternative guideline to follow. Sometimes pamphlets and articles are not enough to teach some people how to effectively parent.

References

Public Health Agency of Canada (2014) What’s Wrong With Spanking? December 15^th, 2008 from http://www.phac-aspc.gc.ca/hp-ps/dca-dea/publications/spanking-fessee/index-eng.php