Bibliography

Physical punishment of children

A league table of child maltreatment deaths in rich nations.
Florence, Italy: UNICEF Innocenti Research Centre, 2003, 40p, figures, tables (Innocenti report card no.5 Sept 2003), tables, figures, and Online (PDF 268K)
http://www.unicef-icdc.org/publications/pdf/repcard5e.pdf

This publication is the fifth in a series of Innocenti Report Cards, designed to monitor the performance of the industrialised nations in meeting the needs of their children. This publication presents and analyses league tables ranking the performance of rich nations against critical indicators of child well being. The number of children dying as a result of child abuse are analysed according to the age at which the risk is greatest. Information is also given about countries with both very low and high incidences of death as a result of maltreatment. Inconsistencies of classification and a lack of common definitions and research methodologies mean that little internationally comparable data exist and that the extent of child maltreatment is almost certainly under represented by the statistics.

Available from: UNICEF Innocenti Research Centre. Email florence@unicef.org Internet http://www.unicef-icdc.org

Ahdar, R; Allan, J.
Taking smacking seriously: the case for retaining the legality of parental smacking in New Zealand.
New Zealand Law Review no.1 2001: 1-34

In this article the case is made for retaining the legality of parental smacking in New Zealand. The present law which permits moderate smacking for the purpose of correction is set out and the abolitionist movement in NZ is considered. The debate between abolitionist and retentionist is placed in a wider, more philosophical context where the notion of paternalism, including the competing claims of parents and of the state, is examined. The principal recurring arguments for the criminalisation of parental smacking are addressed. It is argued that the present law governing parental smacking should be retained.

Ambikapathy, Patmalar.
Banning physical punishment to promote fairness in families.
In: Children, the core of society: Australian Early Childhood Association Inc. biennial conference: Hobart, 10th-13th July 2003. Watson, ACT: Australian Early Childhood Association, 2003, CD-ROM, 3p

This brief paper questions the assumption under Tasmanian law that the physical assault of children is not a crime as long as it is reasonable and done for domestic discipline. It reports the responses of Tasmanian children to a competition eliciting their views on physical punishment; the majority considered it unjust. The paper says that Tasmanian law in relation to the physical punishment of children is discriminatory and inequitable, and denies children the human rights guaranteed under the Convention on the Rights of the Child.

Available from: Early Childhood Australia Inc, PO Box 105, Watson ACT 2602. Email eca@earlychildhood.org.au. Internet http://www.earlychildhoodaustralia.org .au

Ambikapathy, Patmalar.
Law reform advocacy on the proposal to repeal provocation - similarities with the defence of domestic discipline of children.
Hobart, Tas: Commissioner for Children, 2003, 4p, Online (PDF 201K)
http://web.archive.org/web/20040526083925/http://www.childcomm.tas.gov.au/papers/documents/2003-01-provocation-domestic-discipline.pdf

Tasmania's Commissioner for Children advocates, in the best interests of children, youth and families, that the defences of provocation and of 'domestic discipline' of children be abolished. The similarities between provocation and defence of domestic discipline are highlighted, and it is argued that any understandable concern for defendants can be retained for the plea in mitigation, but must be removed as a lawful defence. In both cases, after a repeal of 'provocation' and the defence of domestic discipline, all details of these facts that amount to 'provocation' can still be admitted as issues for a plea in mitigation at sentencing.

Available from: Commissioner for Children, Level 5, 99 Bathurst Street Hobart Tasmania 7000. Internet http://www.childcomm.tas.gov.au/

Atwool, Nicola.
Attachment and discipline.
Childrenz Issues v.8 no.2 2004: 34-40

Many parents fear that failure to discipline their children will lead to loss of control and negative outcomes. Discipline and punishment are often perceived as one and the same. The author begins with an exploration of what constitutes discipline followed by a discussion of the function and purpose of discipline. Attachment theory is then put forward as an alternative framework for understanding children's moral development. The paper concludes with a discussion of the implications of this perspective. (Journal abstract)

Available from: Children's Issues Centre, University of Otago, PO Box 56, Dunedin, New Zealand. Email cic@otago.ac.nz. Internet http://www.otago.ac.nz/cic/

Bainham, A, ed..
The international survey of family law: 2001 edition.
Bristol, UK: Family Law, Jordan Publishing on behalf of the International Society of Family Law, 2001, 486p

Following a chapter titled Annual review of international family law, this book has chapters on the following jurisdictions and topics: Argentina - non-payment of a maintenance obligation: new rules, judicial decisions and initiatives; Australia - 'The glamour of childish days': Australian family law in 1999 (by Frank Bates, this chapter is separately indexed); Austria - family law reforms from 1992 to 1999; Canada - court decisions on same-sex and unmarried partners, spousal rights and children; Costa Rica - family law developments: the childhood and adolescence code 1998; England and Wales - balancing rights; Estonia - family law; Germany - civil law marriages without legal consequences; India - some perspectives on Indian family law; Republic of Ireland - family law issues in the superior courts; Israel - child protection in the Israeli Supreme Court: tortious parenting, physical punishment and criminal child abuse; Italy - de facto families and the law; Jamaica - family property division and domestic violence; Japan - guardianship for adults; Jordan - capacity, consent and under-age marriage in Muslim family law; Kenya - child support rights in Kenya and in the UN Convention on the Rights of the Child; Malta - family law; The Netherlands - to marry or not to marry; New Zealand - private lives and public perspectives; Northern Ireland - family law; Scotland - how children are faring; Slovenia - cohabitation; Spain - de facto unions; Sweden - joint custody, special representative for children and cohabitee's property; Tanzania - the task of integrating orphans into the mainstream of society; The United States - child support guideline review; Yugoslavia - legal status of the non-custodial / non-residential parent; Zambia - protecting the minor child's inheritance rights; and Zimbabwe - inheritance and marital rape.

Dobbs, Terry; Wood, Beth.
Children's voices on physical punishment.
In: Ninth Australasian Conference on Child Abuse and Neglect, November 2003: Many Voices, Many Choices - ACCAN papers and presentations. Sydney, NSW: Department of Community Services, 11p, Online only (PDF 151K)
http://www.community.nsw.gov.au/docswr/_assets/main/documents/accan/papers/3S3J-1.pdf

The authors submit that ending the use of physical punishment of children is a critical issue in the prevention of child abuse. They first review the status of physical punishment of children world- wide and in New Zealand, then report young New Zealand children's views on physical discipline, based on a small-scale qualitative study involving interviewing ten children aged between 5 and 7.

Available from: NSW Department of Community Services, Locked Bag 28, Ashfield NSW 1800. Internet http://www.community.nsw.gov.au/html/contact/contact.htm

Donnelly, Michael; Straus, Murray A (eds)
Corporal punishment of children in theoretical perspective.
New Haven: Yale University Press, 2005, 338p

This book taps the expertise of social science scholars and researchers who address issues of corporal punishment, a subject that is now characterized as a key issue in child welfare. The contributors discuss corporal punishment, its use, causes, and consequences, drawing on a wide array of comparative, psychological, and sociological theories. Together, they clarify the analytical issues and lay a strong foundation for future research and interdisciplinary collaboration.

Duncan, Judith; Bowden, Chris.
Promoting stress-resilient families, positive parenting practices and experiences: a vision of Educare.
Childrenz Issues v.8 no.2 2004: 41-44

This paper explores some of the factors identified by research that contribute to individual and family stress and families' use of physical punishment. Factors that contribute to families' stress resilience are also discussed. Special attention is given to discussing the role that early childhood centres can play in providing informal and formal support, promoting guided self-change, and the development of family assets that may assist families to improve the well being of children, young people and the family unit. (Journal abstract)

Available from: Children's Issues Centre, University of Otago, PO Box 56, Dunedin, New Zealand. Email cic@otago.ac.nz. Internet http://www.otago.ac.nz/cic/

Durrant, Joan E.
Whose body is it anyway? Physical punishment, children's rights and parental responsibility
Childrenz Issues v.8 no.2 2004: 23-26

This paper addresses the human rights principles that underlie the physical punishment debate. The issues are framed within the UN Convention on the Rights of the Child. The rationale for legal reform is presented and information is provided on the status of legal reform internationally. A particular focus is placed on the case of Sweden, the first country to explicitly abolish physical punishment. (Journal abstract, edited)

Available from: Children's Issues Centre, University of Otago, PO Box 56, Dunedin, New Zealand. Email cic@otago.ac.nz. Internet http://www.otago.ac.nz/cic

Fish, E.
The prevalence of child maltreatment in the UK.
Child Abuse Prevention Newsletter v.9 no.1 Winter 2001: 6-9, and Online
http://www.aifs.gov.au/nch/pubs/newsletters/nl2001/winter2.html#ef

The National Society for the Prevention of Cruelty to Children (NSPCC), has recently published a report of the first major general population study of the prevalence of child maltreatment in the United Kingdom. The study was based on the retrospective reports of a national, randomly selected sample of young people aged from 18 to 24 years. This review of the report, Child maltreatment in the United Kingdom: a study of the prevalence of child abuse and neglect by P. Cawson and colleagues (2000), covers the aims of the study, issues of definition, and findings in relation to family life, physical discipline, physical abuse, neglect, emotional abuse, and sexual abuse.

Available from: Australian Institute of Family Studies, 300 Queen Street, Melbourne Vic 3000. Email publications@aifs.gov.au. Internet http://www.aifs.gov.au/nch/nch_menu.html

Gawlik, J; Henning, T; Warner, K.
Physical punishment of children.
Hobart, Tas: Tasmania Law Reform Institute, 2002, 62p (Issues paper no.3, November 2002), Online (PDF 187K)
http://www.law.utas.edu.au/reform/PhysicalPunishment.pdf

This issues paper discusses reforming the law in relation to the physical punishment of children in Tasmania. The current criminal (and civil) law relating to the physical punishment of children states that it is lawful for a parent, or person in the place of a parent to use, by way of correction, any force towards a child in his or her care that is reasonable in the circumstances. The type or degree of force that is 'reasonable' is not set out in legislation. There is no consensus in the community as to what constitutes 'reasonable' punishment and legal precedents are inconsistent. This means that the law relating to the physical punishment of children is unclear. If these problems exist the overall result is that children are not being as effectively protected from excessive physical punishment as they could be. For these reasons the criminal and civil law relating to the physical punishment of children should be reformed. There are two options for reform. The first is to prohibit the use of physical punishment. The second option is to clarify the law relating to physical punishment by further defining what type and/or degree of punishment is reasonable or unreasonable. Both of these options are evaluated in this issues paper.

Available from: Tasmania Law Reform Institute, GPO Box 252-89, Hobart, Tas 7001. Email law.reform@utas.edu.au. Internet http://www.law.utas.edu.au/reform

Kiro, Cindy.
Child rights and physical punishment in Aotearoa New Zealand.
Childrenz Issues v.8 no.2 2004: 16-21,44

This paper examines child rights in the context of Aotearoa New Zealand, with a focus on the issue of violence against children and young people. Discussion includes the Children's Issues Centre review of recent research on physical punishment, and government initiatives aimed at improving the situation for children, including work undertaken by the Ministry of Social Development on alternatives to physical punishment, and advocacy by non government agencies for legislative changes.

Available from: Children's Issues Centre, University of Otago, PO Box 56, Dunedin, New Zealand. Email cic@otago.ac.nz. Internet http://www.otago.ac.nz/cic

Linke, P.
Physical punishment: what does the research say?
Every Child v.8 no.3 Winter 2002: 28-29

The author reviews research into the effects of corporal punishment on children, and reports findings that show chiefly negative associations between corporal punishment and childhood or adult behaviours, including anxiety problems, drug or alcohol problems, or antisocial problems. The research also shows links between the use of corporal punishment and child abuse, and multigenerational patterns of corporal punishment. The author describes the negative effects of corporal punishment on learning, and discusses how to teach children in a positive learning environment based on social learning theory.

Available from: Australian Early Childhood Association, PO Box 105, Watson ACT 2602. Email national@aeca.org.au. Internet http://www.aeca.org.au

O'Neill, C.
Avoiding saying too much: the complexity of relationships between permanent parents and social workers.
Children Australia v.26 no.2 2001: 19-25

Relationships between social workers and foster care, permanent care and adoptive parents are based on a combination of knowledge, power, partnership and support, the 'mix' of which is likely to change over time. Different interpretations of what each side contributes to these relationships during assessment and postplacement contact, add to the complexity which parents and workers negotiate. In a longitudinal research project on support in permanent placements, avoiding saying too much was an important part of these relationships. 'Good' and 'bad' parenting, expectations, blame, physical punishment and not coping are just some of the issues which were not spoken about. This article explores the gap between the things which can be said and the things which are rarely said, and looks at how this gap affects relationships between families and workers. (Journal abstract)

Available from: Oz Child: Children Australia, PO Box 7020, Dandenong Vic 3175 Tel 03 9791 5423; Fax 03 9791 4963

Pereira, Tino.
A Pacific perspective on physical punishment.
Childrenz Issues v.8 no.2 2004: 27-29

A personal view on physical punishment as a way of disciplining Pacific children is presented, beginning by looking back historically to show that physical punishment as a child rearing practice is not fundamentally Samoan culture, that it came with the transformation to Christianity and is part of a larger culture. The author argues that there is a way forward. The way lies within the families, and within the Pacific cultures. He advocates turning to the churches for solutions - where the problem once started is also where the solution most probably is.

Available from: Children's Issues Centre, University of Otago, PO Box 56, Dunedin, New Zealand. Email cic@otago.ac.nz. Internet http://www.otago.ac.nz/cic

Sajkowska, Monika; Wojtasik, Lukasz.
Protecting children against corporal punishment: awareness-raising campaigns.
Strasbourg: Council of Europe, 2004, 83p

This publication describes how to raise awareness, primarily through campaigns to reduce corporal punishment, and goes on to discuss how child abuse can be prevented. Case studies of three successful campaigns in the United Kingdom, Poland and the United States are presented in detail.

Saunders, Bernadette J; Goddard, Chris.
Parents' use of physical discipline: the thoughts, feelings and words of Australian children.
In: Ninth Australasian Conference on Child Abuse and Neglect, November 2003: Many Voices, Many Choices - ACCAN papers and presentations. Sydney, NSW: Department of Community Services, 10p, Online only (PDF 143K)
http://www.community.nsw.gov.au/docswr/_assets/main/documents/accan/papers/2S4E-2.pdf

This paper describes the context of an incident of physical punishment as perceived by children. It paints, in children's words, the picture that they see of an adult hitting a child. Eight questions are posed in the paper, the answers to which are drawn from data obtained from 31 children, aged between eight and sixteen years old, collected as part of ongoing PhD research. The questions are: Why are children physically punished? Why do parents either make a decision to hit their child, or hit their child without forethought? How do children describe the surroundings in which children are hit? What actually happens when a parent hits a child? How are adults who hit children perceived by children? How do children think adults' feel after hitting a child? How do children behave and feel after they have been hit? What do children think of this sequence of events? Feelings of powerlessness and subordination are dominant themes in the children's data.

Available from: NSW Department of Community Services, Locked Bag 28, Ashfield NSW 1800. Internet http://www.community.nsw.gov.au/html/contact/contact.htm

Smith, Anne B.
What do children learn from being smacked? Messages from social science theory and research.
Childrenz Issues v.8 no.2 2004: 7-15

This paper presents selected findings of a detailed review of the research literature on family discipline. It covers the difference between discipline and physical punishment; what children learn from smacking; the evidence about the effects of physical discipline in relation to social behaviour, cognitive effects, quality of parent child relationships, mental health and moral internalisation; and the principles of effective discipline. The conclusion drawn from the review of the research is that there is little evidence to recommend retaining physical punishment as a method of disciplining children. (Journal abstract, edited)

Available from: Children's Issues Centre, University of Otago, PO Box 56, Dunedin, New Zealand. Email cic@otago.ac.nz. Internet http://www.otago.ac.nz/cic

Tucci, J; Saunders, B; Goddard, C.
Please don't hit me! Community attitudes towards the physical punishment of children.
Ringwood, Vic: Australians Against Child Abuse, 2002, 42p, tables

The results of the community survey described in this report show that attitudes towards the corporal punishment of children appear to be shifting. Less than 20% of respondents believed that parents should be allowed to hit (or smack) a child under two years, and only 50% thought that parents should be allowed to smack a child between the ages of two and five. Most respondents preferred non violent methods of disciplining children to the use of physical force. Respondents clearly favoured the use of legislation to define acceptable and non acceptable ways of punishing children. There was significant support for banning the use of implements to hit children, and for measures to prevent children from being hit around the head or shaken.

Available from: Australians Against Child Abuse, PO Box 525, Ringwood Vic 3134

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