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Canadian Court: Spanking Kids OK

CBS News, (Associated Press) U.S., January 30, 2004

 
 (Photo: CBS/AP)

OTTAWA - Government lawyers said parents need some leeway in raising their children and should not be threatened with criminal charges unless discipline crosses the line to abuse.

(AP) Canadian parents and teachers can still spank naughty children, the country's highest court ruled Friday.

In a 6-3 judgment, Canada's Supreme Court rejected claims that a so-called spanking law, first enacted more than a century ago, should be struck down as a violation of children's rights.

Friday's ruling offered guidance, however, to help lower-court judges draw the line between acceptable force and abuse.

The court indicated, for example, that it would not be reasonable to use corporal punishment for children under age two or for teenagers. Nor would it be reasonable to use implements like rulers or belts, or to strike a child on the face or head.

The general rule, set out by Chief Justice Beverley McLachlin, is that corporal punishment should be legally acceptable but must involve only "minor corrective force of a transitory and trifling nature."

At issue was a section of federal law that has been on the books in one form or other since 1892. It said parents, teachers and other caregivers cannot be found guilty of assault for physically correcting a child — as long as the force used is "reasonable in the circumstances."

The law was challenged by the Canadian Foundation for Children, Youth and the Law, a Toronto-based children's advocacy group.

The foundation denounced the section as discriminatory, an infringement of children's rights and a legal endorsement of cruel and unusual punishment.

Joining in the anti-spanking campaign were the Ontario Association of Children's Aid Societies, the Child Welfare League of Canada and other children's rights groups.

The federal Justice Department defended the law but argued it should be read as allowing only "mild to moderate" force.

Government lawyers said parents need some leeway in raising their children and should not be threatened with criminal charges unless discipline crosses the line to abuse.

Backing the federal position were the Coalition for Family Autonomy, a collection of conservative lobby groups, and the Canadian Teachers Federation.

The teachers said they didn't favor corporal punishment, but feared that if the law was overturned they could face charges for physically restraining an unruly student.

MMIV The Associated Press. All Rights Reserved.

 
 


BBC, UK TV Programme -  1997

The sexual abuse by women of children and teenagers

A surprising 86% of survivors of sexual abuse were not believed when they said the abuser was a woman.

Many myths were exposed, such as the one that women only sexually abused when coerced by men - they in fact played the lead part. Also the myth that women are incapable of cruelty - what was shown was beyond belief.

Women commit 25% of all child sexual abuse

250,000 children in UK have been sexually abused by women

Women in our society have been portrayed as victims, but somewhere within their victimisation they have learned that to abuse children gave them a sense of power, control, agency, and therefore they use the abuse of children to gain those things.

Jacqui Saradjiam: (clinical psychologist)
I think people find it so difficult to see that women sexually abuse children because the whole view of women is of nurturers, carers, protectors - people who do anything to look after children - and they see the women as victims rather than enemies or perpetrators of any abuse.

Michelle Elliott: (Director - children's charity Kidscape)
I think the issue strikes at the core of what we perceive ourselves as women to be. I think that it's easier to think that it's men - men the enemy, somehow - but it can't be women - it's one thing women can't do. Women can be equal, we can be free, we can be in charge of companies, but we can't sexually abuse children - That's a load of rubbish.  More ..