Ending parental physical punishmnent of children : the case of the United Kingdom

Abstract

Of all the organisms on the planet, only children are still disciplined physically. Smacking or spanking, however mild or infrequent, can cause physical or psychological damage to the child and this sometimes may not be evident until later on in life. Even if that weren't the case, it is a violation of children's fundamental human rights. There are other, more humane and just as effective, ways to discipline children. Physical punishment has already been prohibited in a significant number of countries. Ten European countries have explicitly outlawed its use, and another two are in the finishing stages of doing so. In 1979, Sweden was the first country to enact such a ban, contrary to the beliefs and opinions of the majority of the Swedish population.

Since then, the public has been influenced by various programmes, which were aiming to inform and educate parents and have slowly changed their way of thinking. Following a ruling in 1998 of the European Court of Human Rights, in the case of A v UK, the United Kingdom is now faced with the task of reforming the law in order to provide adequate protection for children. The Government is worried that by banning physical punishment altogether, the state will be interfering in families' private lives and that this will result in parents being criminalized for minor smacks, thus creating extra, unnecessary work for those concerned with law enforcement and causing parents to mistrust the law. Most importantly, the majority of the population - and the Government - are not in favour of this ban. The British feel that physical punishment is a part of their traditions and culture.