Conclusiones del cuestionario del profesor del aula de acogida

10.5.1 There are at least 38 countries around the world that have already prohibited physical punishment of children in all settings including in the home and removing the defence of “reasonable punishment” (year of ban)6_:

• Brazil & Malta (2014)

• Honduras & The Former Yugoslav Republic of Macedonia (2013) • South Sudan (2011)

• Albania, Republic of Congo, Kenya, Poland & Tunisia (2010)

• Liechtenstein, Republic of Moldova, Costa Rica & Luxembourg (2008)

• Togo, Spain, Venezuela, Uruguay, Portugal, New Zealand, The Netherlands (2007) • Greece (2006)

• Hungary (2005)

• Romania & Ukraine (2004) • Iceland (2003)

• Turkmenistan (2002)

• Germany, Israel & Bulgaria (2000) • Croatia (1999) • Latvia (1998) • Denmark (1997) • Cyprus (1994) • Austria (1989) • Norway (1987) • Finland (1983) • Sweden (1979)

10.5.2 It is not an acceptable position for the UK and the USA to remain missing from the above list.

10.5.4 Sweden

Children are to be treated with respect for their person and individuality and may not be subjected to corporal punishment or any other humiliating treatment.

(Parenthood and Guardianship Code, 1983)

10.5.5 Finland

A child shall be brought up in the spirit of understanding, security and love. He shall not be subdued, corporally punished or otherwise humiliated.

(Child Custody and Rights of Access Act, 1983)

10.5.6 Norway

The child shall not be exposed to physical violence or to treatment which can threaten his physical or mental health.

(Parent and Child Act, 1987)

10.5.7 Austria

The use of force and infliction of physical or psychological suffering are not permitted. (Section 146a, General Civil Code, 1989)

10.5.8 Denmark

A child has the right to care and security. He or she shall be treated with respect as an individual and may not be subjected to corporal punishment or other degrading treatment.

(Parental Custody and Care Act, 1997)

10.5.9 Latvia

Cruel treatment or a child, physical punishment and offences against the child’s honour and respect are not allowed.

10.5.10Ukraine

Physical punishment of the child by the parents as well as other inhuman or degrading treatment or punishment are prohibited.

(Family Code of Ukraine, Article 150[7])

10.5.11The Netherlands

In the care and upbringing of the child the parents will not use emotional or physical violence or any other humiliating treatment.

(Article 1:247 of the Civil Code, 6 March 2007)

10.5.12Costa Rica

Parental authority confers the rights and imposes the duties to orient, educate, care, supervise and discipline the children, which in no case authorises the use of corporal punishment or any other form of degrading treatment against the minors.

(Article 143, Family Code, June 2008)

10.5.13Germany

Physical punishment, the causing of psychological harm and other degrading measures are forbidden.

(Civil Law, 2000)

10.5.14 International Recommendation ONE

The USA, as a signatory to the UN CRC, should follow due process, commencing immediately, and ratify it so that children living in the USA can be assured of the protection that the UN CRC quite rightly affords them.

10.6

Implications for the UK

10.6.1 Given the risk factors for parents who are more likely to use physical punishment on their children, given the increased risk of further episodes of physical punishment when used by a parent151 _{and given the risks that this poses to the children concerned, professionals} need to be vigilant to look out for signs that any such punishment was not reasonable, or to carefully consider whether the risks of a particular situation are significant enough that the child in question is at risk of significant harm and that such harm is greater than the harm already caused by an outdated law which permits parents to physically punish their children at the current time.

10.6.2 Since the evidence against physical punishment of children appears to outweigh evidence to the contrary, the implications for health care professionals who are committed to evidence-based practice are fairly obvious: when working with families and communities, advice should be concentrated on developing interventions that empower parents to choose not to smack by helping them to develop effective strategies for dealing with stress and by raising self-esteem152153_.

10.6.3 Regardless of whether there is a statistically significant association or not between deaths from child maltreatment and the legal corporal punishment situation in a particular country or state, if there is to be a reduction in the number of cases of child death from child abuse and the number of cases of child maltreatment, given the role that society has in protecting those children, this must begin from a stand-point of taking the moral high ground which is that it is unacceptable to physically punish children, whatever the circumstances, and that there are much more effective and appropriate punishments to administer.

10.6.4 Disciplining children must not involve physical violence against them – indeed so to do perverts one of the origins of the word discipline, that is to come from the Latin discipulus meaning pupil, to educate, to follow (from disciple) or to learn. To discipline children through physical violence merely serves to educate them that such violence is accepted and encouraged by society which may teach them to behave in this way as they grow older. This surely cannot be a society in which the majority of people would wish to live in

10.6.5 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.

10.6.6 Either society must come to that conclusion itself and demand a change in the law or, if society cannot do this in a timely fashion, the law-makers in that society, in the form of Parliamentarians, must take the brave decision that, despite some public opinion, the situation is serious enough to introduce aspirational legislation to ban physical punishment of children with the aim of modifying behaviour within society – even if that is way into the future.

10.6.7 Although the law is best seen as enforcing what a society is prepared to accept as appropriate conduct and whilst caution must be exercised when introducing aspirational legislation which may not have the immediate support of a significant number of members of society, the situation for children at risk of significant harm is serious enough to warrant legislative change in a number of jurisdictions, including here in the UKxxxiv_.

10.6.8 Key Recommendation TWO

There should be legislative change in the UK to prohibit physical punishment of children in all settings and to remove the defence of “reasonable punishment”.