The legality of corporal punishment of children varies by country. Corporal punishment of minor children by parents or adult guardians, which is any punishment intended to cause physical pain, has been traditionally legal in nearly all countries unless explicitly outlawed. According to a 2014 estimate by Human Rights Watch, "Ninety percent of the world’s children live in countries where corporal punishment and other physical violence against children is still legal".[2] Many countries' laws provide for a defence of "reasonable chastisement" against charges of assault and other crimes for parents using corporal punishment. This defence is ultimately derived from English law.[3] 6park.com
Canada[edit]
In Canada, parents may use physical force to discipline their children, including spanking, but there are several restrictions. 6park.com
Section 43 of the Criminal Code provides that parents may use "reasonable" force as a form of discipline.[16] The constitutionality of this provision was challenged in the courts, on the basis that it infringed the rights of children, contrary to three sections of the Canadian Charter of Rights and Freedoms: the right to security of the person, protected by s 7 of the Charter; the right to be free from cruel and unusual treatment and punishment, protected by s 12 of the Charter; and the right to equality (specifically, age), protected by s 15 of Charter. In 2004, the Supreme Court of Canada dismissed the constitutional challenge on all grounds, on a 6-3 split, in Canadian Foundation for Children, Youth and the Law v. Canada.[17] 6park.com
In upholding s 43, the majority of the Court provided considerable guidance to the interpretation of the provision. The majority held that the person administering the discipline must be a parent or legal guardian, or in some cases, a school teacher (i.e. non-parental relatives such as grandparents, aunts, or uncles, as well as babysitters and other caretakers, are banned from spanking); that the force must be used "by way of correction" (sober, reasoned uses of force that address the actual behaviour of the child and are designed to restrain, control or express some symbolic disapproval of his or her behaviour), that the child must be capable of benefiting from the correction (i.e. not under the age of 2 or over 12), and that the use of force must be "reasonable under the circumstances", meaning that it results neither in harm nor in the prospect of bodily harm. Punishment involving slaps or blows to the head is harmful, the Court held.[18] Use of any implement other than a bare hand is illegal and hitting a child in anger or in retaliation for something a child did is not considered reasonable and is against the law. The Court defined "reasonable" as force that would have a "transitory and trifling" impact on the child. For example, spanking or slapping a child so hard that it leaves a mark that lasts for several hours would not be considered "transitory and trifling".[19] 6park.com
Among the recommendations of the Truth and Reconciliation Commission, formed to redress the legacy of the Canadian Indian residential school system, is a call to repeal Section 43 of the Criminal Code.[20] 6park.com
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United States[edit]
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Main article: Corporal punishment of minors in the United States 6park.com
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Corporal punishment of children by parents is legal to some extent in all 50 states the United States, and is explicitly legal according to the state laws of 49 states (all except Minnesota). Social acceptance is generally high, through allowances made for "moderate physical discipline" (using this or similar language) in most states' laws regarding assault, criminal battery, domestic violence and/or child abuse. Whether an instance of corporal punishment exceeds these bounds is usually decided on a case-by-case basis in family court proceedings. 6park.com