A tangent - but a look at Corporal Punishment of Children shows that "old days" thinking isn't so old.
Section 43 of the Criminal Code of Canada is a defense to assault that justifies violence against children by teachers and parents in the name of correction. It became part of our Criminal Code in 1892 and has allowed severe spanking, slapping and striking with belts and other objects.
Every schoolteacher, parent or person standing in the place of a parent is justified in using force by way of correction toward a pupil or child, as the case may be, who is under his care, if the force does not exceed what is reasonable under the circumstances. R.S.C., 1985, c .C-4
In November 1998, the Canadian Foundation for Children, Youth and the Law sought a declaration in Ontario that section 43 violates sections 7 (security of the person), 12 (cruel and unusual punishment), and 15 (equality) of the Canadian Charter of Rights and Freedoms and that it conflicts with Canadas obligations under the United Nations Convention on the Rights of the Child. Section 43 is a limited defence; it provides that a parent, teacher or person acting in the place of a parent is justified in using force to correct a child that is under his or her care, provided that the force used is reasonable in all the circumstances.
The federal government defended against the Charter challenge and was supported by the Canadian Teachers Federation and the Coalition for Family Autonomy (Focus on the Family, the Canadian Family Action Coalition, the Home School Legal Defence Association of Canada, and REAL Women of Canada). The Canadian Foundations position was supported by the Ontario Association of Childrens Aid Societies.
In its decision of July 5, 2000, the Ontario Superior Court of Justice upheld the constitutionality of section 43 and found that it was consistent with Canadas obligations under the United Nations Convention on the Rights of the Child.
On January 15, 2002, the Ontario Court of Appeal upheld the lower courts decision and dismissed the appeal. This decision was appealed to the Supreme Court of Canada, which heard the appeal on June 6, 2003 and reserved judgment.
On January 30, 2004. The issue before the Supreme Court of Canada was whether s.43 of the Criminal Code of Canada is unconstitutional. Section 43 provides that a parent, teacher or person acting in the place of a parent is justified in using force to correct a child that is under his or her care provided that the force used is reasonable in all of the circumstances.
The Supreme Court of Canada decided that section 43 of the Criminal Code is constitutional; it found that section 43 does not violate a childs rights to security of the person and equality, and is not cruel and unusual punishment. More specifically, the Supreme Court held that section 43 ensures that the criminal law applies to any use of force that harms a child, but does not apply where the use of force is part of a genuine effort to educate the child, poses no reasonable risk of harm that is more than transitory and trifling, and is reasonable under the circumstances.June 2005
Responding to human rights complaints brought against five countries, the European Committee of Social Rights has confirmed (June 2005) that supreme court judgments in Italy and Portugal do prohibit all corporal punishment of children. This means that more than a third (16 of 46) member states of the Council of Europe now give children equal protection under their assault laws.
In addition to Italy and Portugal, the other countries where children have equal protection are: Sweden (1979), Finland (1983), Norway (1987), Austria (1989), Cyprus (1994), Denmark (1997), Latvia (1998), Croatia (1999), Bulgaria (2000), Germany (2000), Iceland (2003), Hungary (2004), Romania (2004) and Ukraine (2004).
U.N. Committee of the Rights of the Child 42nd Session ( June 2006 )
General Comment No. 8: The right of the child to protection from corporal punishment and other cruel or degrading forms of punishment
Sources:
www.repeal43.org/
www.canadiancrc.com/articles/Corporal_punishment_S_McDonald_CBU_25NOV05.aspx
www.canadiancrc.com/Child_Abuse/Supreme_Court_Case_Spanking.aspx
www.endcorporalpunishment.org
Section 43 of the Criminal Code of Canada is a defense to assault that justifies violence against children by teachers and parents in the name of correction. It became part of our Criminal Code in 1892 and has allowed severe spanking, slapping and striking with belts and other objects.
Every schoolteacher, parent or person standing in the place of a parent is justified in using force by way of correction toward a pupil or child, as the case may be, who is under his care, if the force does not exceed what is reasonable under the circumstances. R.S.C., 1985, c .C-4
In November 1998, the Canadian Foundation for Children, Youth and the Law sought a declaration in Ontario that section 43 violates sections 7 (security of the person), 12 (cruel and unusual punishment), and 15 (equality) of the Canadian Charter of Rights and Freedoms and that it conflicts with Canadas obligations under the United Nations Convention on the Rights of the Child. Section 43 is a limited defence; it provides that a parent, teacher or person acting in the place of a parent is justified in using force to correct a child that is under his or her care, provided that the force used is reasonable in all the circumstances.
The federal government defended against the Charter challenge and was supported by the Canadian Teachers Federation and the Coalition for Family Autonomy (Focus on the Family, the Canadian Family Action Coalition, the Home School Legal Defence Association of Canada, and REAL Women of Canada). The Canadian Foundations position was supported by the Ontario Association of Childrens Aid Societies.
In its decision of July 5, 2000, the Ontario Superior Court of Justice upheld the constitutionality of section 43 and found that it was consistent with Canadas obligations under the United Nations Convention on the Rights of the Child.
On January 15, 2002, the Ontario Court of Appeal upheld the lower courts decision and dismissed the appeal. This decision was appealed to the Supreme Court of Canada, which heard the appeal on June 6, 2003 and reserved judgment.
On January 30, 2004. The issue before the Supreme Court of Canada was whether s.43 of the Criminal Code of Canada is unconstitutional. Section 43 provides that a parent, teacher or person acting in the place of a parent is justified in using force to correct a child that is under his or her care provided that the force used is reasonable in all of the circumstances.
The Supreme Court of Canada decided that section 43 of the Criminal Code is constitutional; it found that section 43 does not violate a childs rights to security of the person and equality, and is not cruel and unusual punishment. More specifically, the Supreme Court held that section 43 ensures that the criminal law applies to any use of force that harms a child, but does not apply where the use of force is part of a genuine effort to educate the child, poses no reasonable risk of harm that is more than transitory and trifling, and is reasonable under the circumstances.June 2005
Responding to human rights complaints brought against five countries, the European Committee of Social Rights has confirmed (June 2005) that supreme court judgments in Italy and Portugal do prohibit all corporal punishment of children. This means that more than a third (16 of 46) member states of the Council of Europe now give children equal protection under their assault laws.
In addition to Italy and Portugal, the other countries where children have equal protection are: Sweden (1979), Finland (1983), Norway (1987), Austria (1989), Cyprus (1994), Denmark (1997), Latvia (1998), Croatia (1999), Bulgaria (2000), Germany (2000), Iceland (2003), Hungary (2004), Romania (2004) and Ukraine (2004).
U.N. Committee of the Rights of the Child 42nd Session ( June 2006 )
General Comment No. 8: The right of the child to protection from corporal punishment and other cruel or degrading forms of punishment
Sources:
www.repeal43.org/
www.canadiancrc.com/articles/Corporal_punishment_S_McDonald_CBU_25NOV05.aspx
www.canadiancrc.com/Child_Abuse/Supreme_Court_Case_Spanking.aspx
www.endcorporalpunishment.org
We feared our NCOs because they could (and did) make our lives heck!
