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Ending the Physical Punishment of Children

Ending the Physical Punishment of Children. ‘Sdim Curo Plant! Children are Unbeatable! Cymru. What Children Say. ‘It makes you feel sad’ (girl 8) ‏ ‘It burns your bottom’ (boy 5) ‏ ‘It’s horrible…painful’ (girl 9) ‏ ‘Feel like you’re gonna die’ (girl 6) ‏ ‘Feel ill’ (boy 6) ‏

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Ending the Physical Punishment of Children

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  1. Ending the Physical Punishment of Children • ‘Sdim Curo Plant! Children are Unbeatable! Cymru

  2. What Children Say • ‘It makes you feel sad’ (girl 8)‏ • ‘It burns your bottom’ (boy 5)‏ • ‘It’s horrible…painful’ (girl 9)‏ • ‘Feel like you’re gonna die’ (girl 6)‏ • ‘Feel ill’ (boy 6)‏ • ‘Inside your body hurts’ (girl 6)‏ (Children Talk: About Smacking, SC 2003)‏

  3. Purpose of Presentation • To provide information on • the issue of physical punishment of children • The current legal position in the UK • Promote discussion & answer questions • Discuss ways you or your organisation could support the No Physical Punishment message

  4. 'Sdim Curo Plant!Children Are Unbeatable! • Set up in 2000 • Part of a UK wide campaign/alliance of individuals & organisations • Campaigning for: 1. Legal change - removal of ‘reasonable punishment’ defence 2. Promotion of ‘positive’ non violent methods of managing children’s behaviour - no physical punishment

  5. The Priority for this Group

  6. SCP! CAU! Supporters 45 groups/agencies including: • Royal College of Paediatrics & Child Health • North & South Wales Child Protection Forums • 4 ACPCs • 7 Women’s Aid Groups & Welsh Women’s Aid 400+ individuals including: • 27+ Welsh Assembly Members • 12 MPs • Children’s Commissioner

  7. Current Legal Position • Children are the only group of UK citizens who can be legally hit • “reasonable punishment” is a defence against a charge of “common assault” • ‘reasonable chastisement’ is old common law defence dating back to 1860 which was replaced as part of the Children Act 2004, came into force on Jan 15th 2005 • 10 Welsh MP’s voted for the clause (defeated) which would have given equal protection for children

  8. Common assault for children is: • The vulnerability of the victim, such as when the victim is…..a child assaulted by an adult (so that where an assault causes any of the injuries referred to in sub-paragraph (vii) above, other than reddening of the skin, the charge will normally be assault occasioning actual bodily harm, although prosecutors must bear in mind that the definition of assault occasioning actual bodily harm requires the incident to be more than transient and trifling);

  9. Why Legal Reform? (1)‏ Cases since the Human Rights Act October 2000: • Father hit 4 year old. son across the back with a belt 3+times, causing bruising, for not being able to write his name – acquitted ‘reasonable chastisement’ (2001)‏ • Father hit 12 year old. girl in the face - swelling and difficulty in moving her jaw. ‘I did it for her own good. I know how to take a man’s head off…It was a small slap’. Acquitted. Judge said his actions were “wholly justifiable” (2001)‏

  10. Why Legal Reform? (2)‏ • The Crown Prosecution Service indicated 12 cases between January 2005 and February 2007 where the defence of “Reasonable Punishment” had been used. These had usually resulted in acquittal or discontinuance.

  11. The Purpose of Legal Reform • Is to give children equal protection under the law as that enjoyed by adults • Is NOT to criminalize parents • Is to protect children • Is to promote healthy relationships • Is to reduce conflict within and outside the home • Is an example of using the law as an educational tool

  12. Physical Punishment - a research definition “Corporal punishment is the use of physical force with the intention of causing a child to experience pain, but not injury, to correct or control his behaviour. This definition mentions the “intention of causing a child to experience pain” for 2 reasons. The first reason is to distinguish it from acts that have other purposes but that also may cause pain, such as putting antiseptic on a cut. The second reason is to make clear the fact that causing pain is intentional, not a side-effect.” (Strauss 1996)‏

  13. Research 1: Linking Physical Punishment and Physical Abuse Examples of growing evidence of a connection • NSPCC 1980-89: most prosecuted abuse began as ‘ordinary punishment that went too far’ • Canadian ‘incidence study’ 1993: 85% of all substantial cases of abuse involved ”punishment” • Durrant’s Swedish study 1999: after the ban on parental corporal punishment, child deaths at parents’ hands fell from 1 per year to 1 in seven years compared with 1 per week in the UK

  14. Research 2: Effects of physical punishment - a meta-analysis of 88 studies • Increased aggression – as child & adult • Less capacity for empathy • Less internalisation of moral aspects of discipline • Increased probability of antisocial & criminal behaviour in adulthood – including spousal and/or child abuse • Evidence of compromised mental health • Some increase in immediate compliance - least in ages 2-6 and amongst boys (E.Thompson Gershoff, 2002)‏

  15. Research 3: Wide-ranging results of childhood smacking • Five times the rate of non-compliance amongst toddlers • A four-fold increase in severe assaults on siblings • Double the rate of physical aggression amongst six-year olds against other children in school • Significantly more chance of 4-year olds failing to fulfil the cognitive potential they displayed at 1 year • An 84% increase in the likelihood of violent behaviour in adolescence (Various)‏

  16. Research 4: Positive effects of not using – or of giving up – physical punishment • Where ADHD & aggression co-exist, changing violent/coercive home discipline deals with the conduct disorder. (Paterson 2001)‏ • The only children whose aggressive conduct was not improved by a special programme were those whose mothers used violent discipline at home. (Webster Stratton 2001)‏

  17. Context 1: United Nations Convention on the Rights of the Child • 191 countries have ratified. UK in 1991 • Article 19 - ‘protect from physical… violence…maltreatment..from parents, guardians, carers’ • Article 24 - take measures to abolish.. ‘traditional practices prejudicial to the health of children’

  18. Context 2: United Nations Convention on the Rights of the Child UN Committee on CRC 2nd Report on UK: • “with urgency remove reasonable chastisement’ defence & prohibit all corporal punishment in the family” • “promote positive, participatory and non-violent forms of discipline and respect for children’s equal right to human dignity and physical integrity” (October 2002)‏

  19. Context 2: United Nations Convention on the Rights of the Child (continued) On 2 June 2006, the UN Committee on the Rights of the Child issued a “General Comment” on “The right of the child to protection from corporal punishment and other cruel or degrading forms of punishment”. The authoritative Committee “emphasizes that eliminating violent and humiliating punishment of children, through law reform and other necessary measures, is an immediate and unqualified obligation” for states which have ratified the Convention on the Rights of the Child.

  20. Context 2: United Nations Convention on the Rights of the Child (continued)‏ The above UN general comment followed the report of the United Nations Secretary-General's Study on Violence against Children (August 2006) which called on all countries to prohibit all corporal punishment in the family, at school and everywhere else by 2009.

  21. Context 3: Europe European Convention on Human Rights • Article 3 - no one shall be subjected to inhumane or degrading treatment or punishment • 1998 - A-v-UK Case, UK found in breach of Article 3 European Social Charter • Article 17 requires a prohibition in legislation against any form of violence against children

  22. Context 4: Other Countries 23 Countries have introduced principled legal reform to ban smacking: Austria(1989) Bulgaria (2000) Costa Rica (2008)‏ Croatia(1999) Cyprus(1994) Denmark(1997) Finland(1983) Germany(2000) Greece (2006) Hungary (2005) Iceland(2003) Israel(2000) Latvia(1998) Netherlands (2007)‏ New Zealand 2007) Norway(1987) Portugal (2007) Romania (2004) Spain (2007) Sweden(1979) Ukraine (2004) Uruguay (2007) Venezuela (2007)‏ http://www.endcorporalpunishment.org

  23. Sweden 1979 Sweden is first country to ban smacking • public support for physical punishment 53%(1965) to 11% (1994)‏ • no increase in prosecutions • decreasing number of children into care • evidence of parents seeking help earlier • no increase in ‘anti-social’ behaviours (A Generation Without Smacking - SC 2000)‏

  24. Public Opinion • 58% support law reform if sure parents not prosecuted for ‘trivial’ smacks • 97% say parents should not be allowed to physically punish babies (under 18 mths) • Parents hit themselves more likely to use physical punishment (70%) • 79% parents feel upset after hitting their child • 40% parents think smacking is ineffective P. Cawson, Child Maltreatment in the Family, NSPCC, 2002.

  25. What Children Say • ‘It makes you feel sad’ (girl 8)‏ • ‘It burns your bottom’ (boy 5)‏ • ‘It’s horrible…painful’ (girl 9)‏ • ‘Feel like you’re gonna die’ (girl 6)‏ • ‘Feel ill’ (boy 6)‏ • ‘Inside your body hurts’ (girl 6)‏ (Children Talk: About Smacking - SC 2003)‏

  26. Governments' Attitudes • Westminster say NO to change • WAG committed to legal change since Oct 02

  27. Welsh Assembly Government Non-devolved area of responsibility WAG committed to legal change since Oct 02 First UK country to take principled stand & consistently recognises : • children’s rights (UNCRC), • a child protection issue • part of Domestic Abuse agenda • need for parental support Numerous representations to Westminster Keen to find ways to promote Assembly’s stance

  28. Wales – Steps (1)‏ • Feb ’02: Welsh Childminding Regulations; no physical punishment • Sept ’02: Extended Definition of Domestic Violence agreed • Oct ’02: WAG statement against the physical punishment of children & in favour of legal reform • Oct ‘02 onwards: WAG representations to Westminster e.g letters to ministers, response to Safety & Justice Consultation, response to Every Child Matters consultation • Jan ’04: 41 X-Party AMs support legal reform (Children’s Bill debate)‏

  29. Wales – Steps (2)‏ • Jan ‘04: Fact-finding visit to Sweden with Welsh MPs • Throughout ’04: extensive lobbying in Westminster and Wales to increase support for achieving equal protection in the Children Act 2004 • Feb ’04: “Rights Into Action” published • Oct ’04: “National Service Framework for Children, Young People and maternity Services in Wales” published:- • Suggesting appropriate methods for managing children’s behaviour that support the Welsh Assembly Government’s views that physical punishment of children is unacceptable. No. 2.48 p 28 • Tackling domestic Violence – All Wales Strategy 2005 • Dec ’05: Parenting Action Plan

  30. Wales – Steps (3)‏ • 2004 Powys Positive Parenting – Alternatives to Smacking Conference, exhibition, leaflet, work with parents • 2003 “ Listening to Children in Pembrokeshire” Pembrokeshire CP & Pembrokeshire CC • January 2005 “Hitting people is wrong……” Seminar, Torfaen C & YP framework partnership

  31. Llansawel Research ‘Help at Hand’ – May 06 • A week of activities promoting alternatives to smacking children • Multi-agency, instigated by CAU! • Activities across the community • Funded by WAG • Report, briefing and executive summary available

  32. WAG Booklet • Booklet on Positive Parenting with the “No Smacking” message is being developed through Fforwm Magu Plant – Raising Children Forum • To go with “From Breakfast to Bedtime” and “Over the top behaviour…..” http://www.childreninwales.org.uk/areasofwork/parenting/forparents/booklets

  33. Help at Hand Toolkit • A toolkit to change attitudes and behaviour around the physical punishment of children • Launched by SCP!CAU! in March 2008 • Materials which can be used by a wide variety of groups and individuals. • Web based toolkit with links to other resources, and activities and information sheets on the site. www.helpathandtoolkit.info

  34. Other Developments (1) • 2003: Parliamentary Joint Committee on Human Rights Report on the UN Convention on the Rights of the Child - “the lack of respect that the defence of reasonable chastisement embodies for children’ s entitlement to be free from physical assault is unnacceptable”….“ the time has come for the Government To act…” • 2003: House of Commons Health Committee Report on the Victoria Climbié Inquiry Report - “ we urge the Government to …remove the increasingly anomalous ‘reasonable chastisement’ defence”

  35. Other Developments (2) 2003: Home Office White Paper on Domestic Violence (Safety & Justice) Government urged to: • Extend the definition of d.v. to include children • Act to remove ‘reasonable chastisement’ defence ‘SCP/CAU! Cymru said ‘”the continued existence of the ‘reasonable chastisement’ defence in respect of assaults on children is a fatal flaw in any ‘cohesive & effective strategy’ to prevent domestic violence and a state commitment to Zero Tolerance. If Government continues to publicly endorse parental responsibility that can include hitting children, then the message about domestic violence is very confused – “Zero Tolerance But Not for Children”

  36. The Government Review of Section 58 – October 2007 • When Section 58 was introduced, a review was promised after 2 years. • Responses were invited: the Government also carried out surveys of parents and of children. • There was overwhelming support for legal change, except from the survey of parents. • The government said it “Will retain the law in its current form in the absence of evidence it is not working satisfactorily.”

  37. What can you do? • Become active - what do you need? • Sign up yourself • Sign up your organisation • Sign up someone else • Sign up another organisation

  38. What can your organisation do? • Work with your client group • Make the issue part of the everyday work • Train others • Publicity & press involvement • Provide, share or develop information • Evidence or Research • Provide or Develop Resources

  39. Hitting Children is wrong, and the law should say so! Physical Punishment: • breaches children’s human rights • causes hurt & harm • is ineffective • is domestic violence/abuse • gives out message ‘might is right’ • adds to levels of violence in society

  40. Aberconwy Women's Aid Bangor & District Women's Aid Barnardo's Cymru BAWSO Women's Aid Blaenau Ffestiniog Women's Aid Bridgend & District Resource for Children with Disabilities Bridgend Sure Start Buttle Trust in Wales Cardiff CCChildren's Play Services Cardigan Women's Aid Cardiff Women’s Safety Unit Cardiff Women’s Aid Carers Wales Carmarthenshire Youth & Child. Assoc. Cartref Bontnewydd Children in Wales Children’s Commissioner for Wales office Child Safe Wales Communities that Care Conwy ACPC Conwy Sure Start Cymdeithas Tai Hafan Denbighshire Early Years Forum Denbighshire ACPC De Gwynedd Womens Aid Flintshire Local Health Group Kidzone Trust Law yn Llaw Local Aid Mudiad Ysgolion Meithrin National Childminding Association Wales National Playbus Association National Youth Advocacy Service NCH Cymru NCMA NSPCC Cymru North Wales Child Protection Forum Play Wales Princess of Wales Hospital Rhondda Cynon Taff ACPC Royal College of Paediatrics and Child Health Wales Rhymney Valley Women's Aid Save the Children Cymru South Wales Child Protection Forum Swansea Student Community Action SNAP Cymru TACT Cymru Welsh Women's Aid Wrexham ACPC Ynys Mon ACPC Your Theatre Company Youthlink Wales SCP!CAU Supporters

  41. A Last Word for Children A big person should not hit a small person, not anyone ever. Amy, Age 6

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