About this site

About us

Our beliefs

Is this your first visit?

Contact us

External links

Good books

Visitor essays

Our forum

New essays

Other site features

Buy a CD of this site

Vital notes

World religions

BUDDHISM

CHRISTIANITY

Who is a Christian?

Shared beliefs

Handling change

Bible topics

Bible inerrancy

Bible harmony

Interpret Bible

Persons

Beliefs, creeds

Da Vinci code

Revelation, 666

HINDUISM

ISLAM

JUDAISM

WICCA / WITCHCRAFT

Other religions

Cults and NRMs

Comparing religions

Non-theistic...

Atheism

Agnosticism

Humanism

Other

About all religions

Important topics

Basic information

Gods & Goddesses

Handling change

Doubt/security

Quotes

Movies

Confusing terms

Glossary

End of the world

One true religion?

Seasonal topics

Science v. Religion

More info.

Spirituality and ethics

Spirituality

Morality and ethics

Absolute truth

Peace and conflict

Attaining peace

Religious tolerance

Religious hatred

Religious conflict

Religious violence

"Hot" topics

Very hot topics

Ten commandments

Abortion access

Assisted suicide

Cloning

Death penalty

Environment

Equal rights -gays/bi's

Same-sex marriage

Nudism

Origins of the species

Sex & gender

Sin

Spanking kids

Stem cells

Women-rights

Other topics

Laws and news

Religious laws

Religious news

Sponsored link

Religious watches by Whimsical Watches

CHILD CORPORAL PUNISHMENT: SPANKING

Legal status of spanking.

Sponsored link.

Status:

	As of 2003-APR-15, 28 states in the U.S. had banned corporal punishments in schools. The most recent anti-spanking bill was signed by Governor Minner in Delaware on 2003-APR. ₉
	Fifteen states in Europe ban corporal punishment of children both in the home and elsewhere: Sweden (1979), Finland (1983), Norway (1987), Austria (1989), Cyprus (1994), Italy (1996), Denmark (1997), Latvia (1998), Croatia (1999), Bulgaria (2000), Germany (2000), Israel (2000), Iceland (2003), Romania (2004), Ukraine (2004), Hungary (2005), Greece (2007), Netherlands (2007), and Portugal (2007). ₁₅
	There are a few non-European countries that also ban corporal punishment: New Zealand (2007), Uruguay (2007), and Venezuela (2007).

The Issue:

When we wrote the original version of this essay in 1995, it started with the prediction: "The restriction of parents hitting their children is expected to become one of the main topics of debate between religious conservatives and liberals during the next decade." This appears to be coming to pass.

Looking at the broader picture of state sanctioned violence, we see that it is gradually decreasing. In the past:

	Slave-owners could whip slaves. This was theoretically abolished in the U.S. at the end of the Civil War.
	Masters could whip indentured servants.
	Husbands could beat wives with little chance of being arrested; this immunity has been recently reduced in most areas of North America.
	The public could commit violence against people found guilty and held captive in a pillory. This was abolished in most US states by 1839; in 1905. Delaware was the last state to eliminate stocks.
	Jail guards could cane or whip prisoners. The last flogging in Britain was in 1967; in the U.S. it was in 1952, also in Delaware -- apparently a very violent state.
	Ship officers could flog sailors until the practice was abolished by the US Senate in 1850; it was banned in Britain in 1957.
	Boxers were expected to beat each other senseless, often to the point of causing brain damage.
	Parents and guardians could use corporal punishment on their children.
	School teachers could use corporal punishment on their students. Laws were passed to abolished spanking in British state-run schools in 1986, and in privately funded schools in 1998. It is still permitted in some states of the U.S.

In 1996, only the last three categories are still legal in North America. And the degree of violence is in decline:

The use of violence against students in US public schools dropped from 1.4 million students in 1981 to 500,000 in 1991.

The Boston-based national Coalition of Advocates for Students found that in the late 1980s, 5.22% black schoolchildren and 2.28% of white students were spanked annually. ₁₁

Status of corporal punishment in U.S. public schools:

	In 1999-AUG, 27 states, the District of Columbia and Puerto Rico banned corporal punishment in their school systems. ₁ 25 states permitted the beating of students.
	By the year 2000, 23 states -- mostly in the South -- continued to allow their students to be beaten: AL, AZ, AR, CO, DE, FL, GA, ID, IN, KS, KY, LA, MS, MO, NM, NC, OH, OK, PA, SC, TN, TX, WY. It is still legal in Rhode Island, but is banned by each of the public school districts in the state. ₂
	By 2003-FEB, 23 "spanking" states remained. A bill to ban corporal punishment in Wyoming died in the Senate with a 15-15 tie vote. Bills to outlaw the beating of students are currently active in four other states.
	By 2003-APR-1, bill SB15, which bans paddling and other forms of physical punishment of students in public schools, passed by a healthy margin in the Delaware Senate (14 to 7) and House (22 to 16). Governor Ruth Ann Minner signed the bill into law in 2003-APR. _9,10
	As of 2003-APR-15, there was active discussion in Pennsylvania and Missouri to ban corporal punishment of students in those states. ₉

During the 1997-8 school year, 49,859 students (10.1%) were punished in Mississippi; 40,811 (9.2) in Arkansas, and 45,811 (6.3%) in Alabama. All of the other states punished fewer than 5% of their students. ₆

A survey of U.S. parents shows a drop in the use of spanking as the main disciplinary method from 59% in 1962 to 19% in 1993. Parents now prefer using time-outs (38%) and lecturing (24%).

Drs. T. Berry Brazelton, Penelope Leach, and Benjamin Spock, probably the most influential child psychologists and pediatricians, all recommend against spanking. So does the American Psychological Association and the National Association of Social Workers. The American Academy of Pediatrics seems to be having difficulty reaching a consensus. However, 90% of their membership recommend either that spanking never be used, or that it be used on only very rare occasions. ₃

The American Academy of Pediatrics conducted a survey in 1997-1998 of their membership. ₃ They reported:

	Most pediatricians (53%) discuss corporal punishment with patients' parents. "Five out of 10 pediatricians discourage the use of corporal punishment under any circumstance. Four out of 10 pediatricians recommend corporal punishment be used only under limited circumstances and with specific conditions or rules. Nine percent make no recommendation regarding corporal punishment."
	"Although pediatricians oppose spanking as a primary form of discipline, only 50% agree with the statement, 'Pediatricians must try to eliminate the practice of spanking as a form of discipline,' 30% disagree and 20% are unsure. "
	Among the pediatricians who responded to the survey, 48% "think there is a link between corporal punishment and child abuse, 21% think there is no link and 31 % are undecided."
	"While 74% of pediatricians report being spanked as a child, only 12 % say it was the form of discipline most commonly used by their parents."
	"Only 35% of pediatricians say they use spanking as one form of discipline with their own children, and almost no pediatricians (less than 1%) say spanking is the most commonly used method of discipline for their own children. "

Some argue that if we are to promote a less violent culture, then we should ban spanking. A few suggest that we criminalize all interpersonal violence. Others believe that spanking children is a useful form of discipline that does not harm the child if it is done carefully and with love.

Sponsored link:

What type of discipline do parents use?

In the 1930's: Surveys showed that over 90% of parents spanked their children, some three generations ago. Dr. Benjamin Spock originally endorsed spanking, but then changed his mind in the late 1980's.

In 1994:

	70% of American adults agreed that it is "sometimes necessary to discipline a child with a good, hard spanking."
	Also in 1994, the National Committee to Prevent Child Abuse found that only 49% of American adults had hit or spanked their child in the previous year.

Among religious conservatives: Spanking appears to be still very widely practiced by Fundamentalist and other Evangelical Christians:

Focus on the Family, a Fundamentalist Christian group centered in Colorado surveyed visitors to their web site during late 2003-SEP. Those taking the survey are believed to be overwhelmingly Fundamentalist or other Evangelical Christian. As such, most probably believe in the inerrancy of the Bible, and follow the key verses in the book of Proverbs which advocate corporal punishment of children. They found that:

	91% of those who have children spank them.
	9% do not. ₁₂

In an earlier survey of 2002-JUN, a slight majority (52.5% vs. 47.5%) expressed the belief that schools should not be allowed to spank students. ₁₃

R. Albert Mohler, president of the fundamentalist Christian Southern Baptist Theological Seminary described spanking as "the law of God." He dismissed timeouts and grounding as requiring "a relationship of negotiation between parent and child -- as if a parent cannot impose one of these techniques unilaterally. He regards both methods as "...generally more counterproductive and frustrating than anything else." ₁₄

Among the general population: An online poll conducted by LKAS TV of Las Vegas, NV, found that only one in three parents used spanking as their primary method of discipline. Results were:

	33% used spanking
	32% used restriction of privileges
	17% used time outs
	5% used a traditional torture method: applying hot sauce to burn the child's tongue
	1% washed their child's mouth out with soap
	9% used none of the above.

Future trends: We predict that:

	The use of corporal punishment -- whipping, spanking, burning the tongue, washing the mouth out with soap, etc. -- will be slowly abandoned by the general population.
	These methods will continue to be practiced by religious conservatives into the foreseeable future.
	North American child protection services' concern about corporal punishment of all types will increase.
	Eventually, the U.S. and Canada will follow the lead of many European countries and declare all forms of physical punishment of children to be forms of abuse.

The Legal Status of Corporal Punishment:

General:

Existing laws in most countries, states and provinces prohibit most physical assaults. But these same laws often have "not withstanding" clauses that permit assaults:

	in a boxing ring
	of reasonable intensity in a parent-child situation
	of reasonable intensity in a teacher-student situation.

For example, under California law, "a parent has the right to reasonably discipline a child by physical punishment and may administer reasonable punishment without being liable for battery. In order to be considered disciplinary the punishment must:"

	Be necessary (i.e. there it must be in response to a child's negative behavior.
	Be reasonable, not excessive, in the judgment of a third party -- e.g. a Child Protective Services representative, or a law enforcement officer. ₄

In Europe, Africa and the Middle East:

Corporal punishment in school are banned in many developed countries. Some governments also forbid it in the home:

	Austria in 1989,
	Croatia in 1999,
	Cyprus in 1994,
	Denmark in 1997,
	Finland in 1983,
	Germany in 2000,
	Iceland,
	Israel in 2000 as a result of a decision by the Supreme Court,
	Italy in 1996, also as a result of the Supreme Court,
	Latvia in 1998,
	Norway in 1987,
	Sweden in 1979,
	Zambia in 2000 due to a high court ruling, and
	Zimbabwe in 1999. ₇

The European Network of Ombudsmen for Children (ENOC) urges the governments of all European countries, the European Union, the Council of Europe and other European institutions and non-governmental organizations concerned with children to work collectively and individually towards ending all corporal punishment of children: "As spokespeople for the children of Europe, we believe that eliminating violent and humiliating forms of discipline is a vital strategy for improving children�s status as people, and reducing child abuse and all other forms of violence in European societies. This is a long overdue reform, with huge potential for improving the quality of lives and family relationships.". ₈

The Minister of Education in Kenya announced in 2000-JUN that corporal punishment would be prohibited.

Bans are currently being actively debated in many other countries. As of mid-2004, this included Belgium, Bulgaria, German, Ireland, and Italy.

In Canada:

The Canadian situation is quite different from that in the U.S. In Canada, the law restricting spanking is a part of federal legislation -- the Criminal Code of Canada. It is administered by the provinces. Thus, a change to the law would affect parents and children across the country. More details.

In New Zealand:

The Rt Honorable Roger McClay, New Zealand's Commissioner for Children has proposed that Section 59 of the Crimes Act be deleted. That is the legislation which allows parents to use "reasonable force" in physically disciplining their children. ₅

References:

Project NoSpank maintains a list of states that still engage in corporal punishment of students. See: http://nospank.net/eddpts.htm
Dennis Randall, "Corporal punishment in school," Learning Network, at: http://familyeducation.com/article/0,1120,1-3980,00.html
"AAP survey on corporal punishment reveals divergent views," AAP, at: http://www.aap.org/research/ps38a.htm
"Parents rights to discipline in California," Pacific Justice Institute, at: http://www.pacificjustice.org/articles_2.html
Parents Centres New Zealand, Inc, "Discipline," at: http://www.parentscentre.org.nz/
"Top ten pupil-battering states: 1997-98 school year," at: http://www.nospank.net/
"Global progress toward ending all corporal punishment," Parenting Coalition International, at: http://www.parentingcoalition.org/
"European Network of Ombudsmen for Children" (ENOC) at: http://www.ombudsnet.org/
"Breaking News: Delaware becomes 28th state to ban school paddling," Press release from the National Coalition to Abolish Corporal Punishment in Schools and the Center for Effective Discipline, 2003-APR-1 at: http://nospank.net/n-j99.htm
Joe Rogalsky, "Spanking bill signed," CorPun, 2003-APR-15, at: http://www.corpun.com/
Jordan Riak, "Corporal Punishment in Schools Must End," New York Times letters column, 1989-JAN-11. Online at: http://nospank.net/nytimes.htm
"Hand Count," Focus on the Family, at: http://www.family.org/
"Hand Count," Focus on the Family, at: http://www.family.org/
R. Albert Mohler, Jr., "Should Spanking Be Banned? Parental Authority Under Assault," The Christian Post, 2004-JUN-23, at: http://www.christianpost.com/
"VENEZUELA: Second Latin American country to ban corporal punishment," 2007-DEC-20, at: http://nospank.net/