Achieving and implementing prohibition of all corporal punishment of children Estonia, November 2017
Obligation on states to prohibit The UN Convention on the Rights of the Child obliges states to: • take all appropriate legislative measures to protect children from all forms of physical and mental violence (article 19) • take all effective and appropriate measures to abolish traditional practices prejudicial to the health of children (article 24(3)) • ensure that school discipline respects children’s human dignity (article 28(2)) • ensure that children are not subjected to torture or other cruel, inhuman or degrading treatment or punishment (article 37(a)) The Committee on the Rights of the Child in its General Comment No. 8 (2006), on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment, makes it clear that the Convention requires states to prohibit and eliminate all corporal punishment, including in the home.
What is corporal punishment? UN Committee on the Rights of the Child, General Comment No. 8, para.11: • The Committee defines “corporal” or “physical” punishment as any punishment in which physical force is used and intended to cause some degree of pain or discomfort, however light • Hitting (“smacking”, “slapping”, “spanking”) with the hand or with an implement • Kicking, shaking or throwing children • Scratching, pinching, biting, pulling hair or boxing ears • Forcing children to stay in uncomfortable positions, burning, scalding or forced ingestion • Other non-physical forms of punishment that are also cruel and degrading: punishment which belittles, humiliates, denigrates, scapegoats, threatens, scares or ridicules the child • In the view of the Committee, corporal punishment is invariably degrading
Global progress Good news: - 53 states worldwide prohibit all corporal punishment of children - Another 54 states “committed” to reforming their laws - 10 of the 11 states in the Baltic Sea Region have achieved prohibition Bad news: - Only 10% of the world’s children are fully protected in law from corporal punishment - In 34 states, corporal punishment is still lawful as a sentence for crimes committed by children under state, traditional and/or religious law
Harm to children: how does it feel? • “It hurts inside and outside” • “I cannot make it – I am not as good as the other children” • Through research and activities carried out all over the world, children are telling about how much physical and emotional punishment hurts them and they ask adults to urgently stop it. Violence against children is felt as even worse when parents and trusted adults conduct it or approve of it. • The impact includes feeling disempowered, self harm and lower school grades and increased antisocial and aggressive behaviour. • Causing physical pain to a child is a breach of children’s right to protection from assault and their right to dignity.
Positive parenting • Parent-child relationship based on care and respect • Setting clear boundaries and structures. Parents and children discuss home rules and develop trust and self-confidence • Parents explains why they are upset and they listen to the reactions of the child. The child learn to speak about emotions • “Parenting” in institutions and foster care to be based upon the same principle of each child having a care giver to confide in, discuss with and have trust • Let the child know they are important and avoid comparing them with others • Parenting is challenging - and it is ok to say sorry.... • Discussions in schools, preschools, health stations about positive parenting • Politicians and community leaders being positive role models • Campaigning and offering parenting programs • Give children an opportunity to tell how they experience violent punishment
Positive impact of prohibition • Research comparing the prevalence of, and attitudes towards, corporal punishment before and after law reform is only available in a handful of states • In some states, no research has directly asked children about their experiences • In other states, different questions or samples have been used in studies carried out before and after prohibition, making strict comparison between data difficult • But the evidence of changes in attitudes and practice is strong
Positive impact of prohibition (continued) Sweden (1979): half of children regularly smacked in 1970s; a few per cent in 2000s Finland (1983): adult acceptance of corporal punishment 47% in 1981; 15% in 2014 Germany (2000): 30% of young people had been “thrashed” in 1992; only 3% in 2002 New Zealand (2007): approval of corporal punishment over 90% in 1981; 40% in 2013 Poland (2010): approval of corporal punishment fell 18% in five years (2008-2013) Latvia (1998): In 2010, 42% of surveyed adults were of the opinion that corporal punishment in the home should be forbidden, in 2017 it was 51%. In 2015, 33% of children stated that they had been smacked with a hand or some kind of object. The positive impact of prohibition of corporal punishment on children’s lives: messages from research (June 2015) available at www.endcorporalpunishment.org
Non-violent childhoods Moving on from corporal punishment in the Baltic Sea Region • Overall objective: promote full implementation of legal bans on corporal punishment through collaborative, multi-stakeholder planning and action • Draws on significant experience of states in the Baltic Sea Region • Project partners: Children at Risk Unit, CBSS Secretariat, and the Global Initiative to End All Corporal Punishment of Children • National partners: Ministry of Social Affairs, Estonia; Ministry of Social Affairs and Health, Finland; Ministry of Welfare, Latvia; Coordination on the Rights of the Child, Ministry of Health and Social Affairs, Sweden; Ombudsman for Children’s Rights, Poland • Involves representatives and experts from all countries in the Baltic Sea Region and other EU countries, including children
Non-violent childhoods Moving on from corporal punishment in the Baltic Sea Region • National consultations held in 2017: Sweden, Finland, Latvia, Estonia, Poland • Expert meetings in 2018 covering four areas: - Communication of the ban and its purpose - Effective campaigning - Parenting programmes - Service providers • Guidance document developed for each area, plus a general guide on implementing prohibition of corporal punishment, which can be used globally • European Conference (November 2018)
Lessons learned from Swedish consultation • The legal ban was the culmination of a lengthy process over decades of socio- political developments and law reforms • The law reform process went hand in hand with an evolving understanding of children as members of society and rights holders • The law was adopted with a specific budget for dissemination – the massive public information campaign prepared the ground for implementation • Primary purpose of prohibition was educational – the relation between educational civil laws and penal sanctions in criminal law needs to be clarified • Prohibition is associated with a zero-tolerance approach to violence against children, but doubts remain with regard to the role of law enforcement • Now need new approaches to encourage a more open dialogue in society and prevent a taboo associated with corporal punishment and violence against children
Lessons learned from Swedish consultation • Universal prevention is an effective approach – not stigmatizing, reaches all parents, parents tend to listen to advice from health care professionals (e.g. midwifes trained to discuss family violence at pregnancy check-ups) • Family support services are an important part of the welfare state (e.g. parental leave programmes, provision of early childhood care services) • A diversity of parenting training programmes are useful to meet the specific needs of each family (e.g. children with disabilities, parents with very young/teenage children, families where intimate-partner violence occurs) • Multidisciplinary and interagency cooperation is essential for early identification, referral and follow-up to cases (e.g. Barnahus) • Collaboration between different state and non-state actors for dissemination and implementation of the law – includes active civil society, academia, Ombudspersons and other independent institutions, media
Lessons learned from Finnish consultation • Campaigns and programmes against corporal punishment of children inform about positive parenting and alternatives to corporal punishment • The prevention of corporal punishment and support for parents and families became a cross-cutting concern for social and health care services, in policy planning and in practice • Good data collection mechanisms were useful to monitor the progressive implementation of the law and inform policies and programmes, such as periodic school heath surveys and child victim surveys • Law reform to clarify reporting obligations enhanced proactive reporting and referral • A National Action Plan was a useful tool to bring the issue to the attention of national ministries and institutions and to coordinate activities for the implementation of the law
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