The Canadian journal of children's rights, Jul 11, 2023
One of Britain's colonial legacies is the common law defence available to adults who corporally p... more One of Britain's colonial legacies is the common law defence available to adults who corporally punish children. Canada inherited this defence, which became codified in 1892 as Section 43 of the Criminal Code. The aim of this Special Issue is to examine Canada's law alongside those of other former members of the British Empire that have abolished their defences -Ireland, Scotland and Wales. The first three papers in this issue will place Canada's law within its global, historical and colonial contexts. The next three papers tell the stories of how Ireland, Scotland and Wales overcame the same challenges faced in Canada to ultimately provide equal protection for children.
Fifty-two countries have abolished all physical punishment of children, yet Canada has retained i... more Fifty-two countries have abolished all physical punishment of children, yet Canada has retained its criminal defense to 'reasonable' corrective force. In 2004, Canada's Supreme Court attempted to set limits on punitive acts that can be considered reasonable under the law. In the present study, we examined the validity of these limits. If the court's limits provide adequate protection to children, most substantiated child maltreatment cases should exceed those limits. We operationalized each limit and applied it to a provincially representative sample of substantiated child physical maltreatment cases. We found that the majority of substantiated physical abuse cases fell within each of the court's limits. In more than one in four substantiated physical abuse cases, not even one of the court's limits was exceeded. The best predictor of whether a report was substantiated was whether spanking was typical in the child's home. The findings suggest that abolition of physical punishment would provide greater protection to children than attempts to set limits on its use.
Debates over corporal punishment’s effectiveness have come to an end. No study has shown it to ha... more Debates over corporal punishment’s effectiveness have come to an end. No study has shown it to have long-term benefits, while many have demonstrated its substantial and wide-ranging risks. Today, the primary focus is on ending it. The increasing recognition of children as rights-bearers is leading an ever-growing number of countries to legally prohibit corporal punishment of children. These laws are intended to foster recognition of children’s rights to protection from all violence, reduce approval and use of corporal punishment, and lower the threshold for tolerance of violence against children. Population-level data from Sweden, Germany, and New Zealand indicate that these changes are taking place. Additional research suggests that a combination of prohibition and large-scale public education is the most effective route to ending the corporal punishment of children.
The strong and ever-growing evidence base demonstrating that physical punishment places children ... more The strong and ever-growing evidence base demonstrating that physical punishment places children at risk for a range of negative outcomes, coupled with global recognition of children's inherent rights to protection and dignity, has led to the emergence of programs specifically designed to prevent physical punishment by parents. This paper describes promising programs and strategies designed for each of three levels of intervention − indicated, selective, and universal − and summarizes the existing evidence base of each. Areas for further program development and evaluation are identified.
Objective: The objective was to examine the roles of cognition and affect in maternal use of phys... more Objective: The objective was to examine the roles of cognition and affect in maternal use of physical punishment. Method: Through a review of the literature, distal and proximal predictors (cognitive and affective) of physical punishment use were identified. One hundred and ten mothers of 3-year-old children were interviewed regarding two disciplinary situations that occurred during the previous 2-week period that elicited their strongest reactions: one which resulted in the use of physical punishment (if this occurred) and one which did not. The individual and combined contributions of the predictors of physical punishment use were analyzed through logistic regression. Results: The predictors of physical punishment following individual analyses were: maternal attitude toward physical punishment, maternal perception of the seriousness and intent of the child misbehavior, and maternal anger in response to the child misbehavior. Through multivariate analysis 54% of the variance in physical punishment use was explained. Conclusions: Both cognitive and affective factors affect the decision to use physical punishment with children. These findings can be useful in establishing parenting educational programming that is directed at decreasing the rates of physical punishment and subsequently child physical abuse.
Canadian Journal of Children's Rights / Revue canadienne des droits des enfants
The six papers in this special issue provide a context for understanding the rationale for law re... more The six papers in this special issue provide a context for understanding the rationale for law reform to fully protect children from corporal punishment. As a Pathfinding Country for the UN Global Partnership to End Violence against Children, Canada has an obligation to remove Section 43 of the Criminal Code, the defence that “justifies” corporal punishment of children. As fellow nations influenced by the English common law underlying that defence, Ireland, Scotland and Wales provide models for Canada. They demonstrate that the arguments that commonly derail repeal in Canada can be overcome.
Canadian Journal of Children's Rights / Revue canadienne des droits des enfants
Rooted in Canada’s history as a British colony, the Criminal Code defence to “reasonable correcti... more Rooted in Canada’s history as a British colony, the Criminal Code defence to “reasonable corrective force” remains in force today. In this article, I trace the history of Canada’s law, describe various attempts made to remove it, and present the many recommendations and calls for repeal issued over recent decades. While Canada has stood still, 65 countries have removed their legal defences and prohibited all corporal punishment of children. At this time, Canada has another opportunity to finally remove this archaic defence, as two Private Members’ Bills have been introduced in the House of Commons and the Senate, respectively. By seizing this opportunity, Canada will demonstrate its commitments to children’s rights to protection and dignity, and uphold its pledges to end violence against children and women in Canada.
The Canadian journal of children's rights, Jul 11, 2023
One of Britain's colonial legacies is the common law defence available to adults who corporally p... more One of Britain's colonial legacies is the common law defence available to adults who corporally punish children. Canada inherited this defence, which became codified in 1892 as Section 43 of the Criminal Code. The aim of this Special Issue is to examine Canada's law alongside those of other former members of the British Empire that have abolished their defences -Ireland, Scotland and Wales. The first three papers in this issue will place Canada's law within its global, historical and colonial contexts. The next three papers tell the stories of how Ireland, Scotland and Wales overcame the same challenges faced in Canada to ultimately provide equal protection for children.
Fifty-two countries have abolished all physical punishment of children, yet Canada has retained i... more Fifty-two countries have abolished all physical punishment of children, yet Canada has retained its criminal defense to 'reasonable' corrective force. In 2004, Canada's Supreme Court attempted to set limits on punitive acts that can be considered reasonable under the law. In the present study, we examined the validity of these limits. If the court's limits provide adequate protection to children, most substantiated child maltreatment cases should exceed those limits. We operationalized each limit and applied it to a provincially representative sample of substantiated child physical maltreatment cases. We found that the majority of substantiated physical abuse cases fell within each of the court's limits. In more than one in four substantiated physical abuse cases, not even one of the court's limits was exceeded. The best predictor of whether a report was substantiated was whether spanking was typical in the child's home. The findings suggest that abolition of physical punishment would provide greater protection to children than attempts to set limits on its use.
Debates over corporal punishment’s effectiveness have come to an end. No study has shown it to ha... more Debates over corporal punishment’s effectiveness have come to an end. No study has shown it to have long-term benefits, while many have demonstrated its substantial and wide-ranging risks. Today, the primary focus is on ending it. The increasing recognition of children as rights-bearers is leading an ever-growing number of countries to legally prohibit corporal punishment of children. These laws are intended to foster recognition of children’s rights to protection from all violence, reduce approval and use of corporal punishment, and lower the threshold for tolerance of violence against children. Population-level data from Sweden, Germany, and New Zealand indicate that these changes are taking place. Additional research suggests that a combination of prohibition and large-scale public education is the most effective route to ending the corporal punishment of children.
The strong and ever-growing evidence base demonstrating that physical punishment places children ... more The strong and ever-growing evidence base demonstrating that physical punishment places children at risk for a range of negative outcomes, coupled with global recognition of children's inherent rights to protection and dignity, has led to the emergence of programs specifically designed to prevent physical punishment by parents. This paper describes promising programs and strategies designed for each of three levels of intervention − indicated, selective, and universal − and summarizes the existing evidence base of each. Areas for further program development and evaluation are identified.
Objective: The objective was to examine the roles of cognition and affect in maternal use of phys... more Objective: The objective was to examine the roles of cognition and affect in maternal use of physical punishment. Method: Through a review of the literature, distal and proximal predictors (cognitive and affective) of physical punishment use were identified. One hundred and ten mothers of 3-year-old children were interviewed regarding two disciplinary situations that occurred during the previous 2-week period that elicited their strongest reactions: one which resulted in the use of physical punishment (if this occurred) and one which did not. The individual and combined contributions of the predictors of physical punishment use were analyzed through logistic regression. Results: The predictors of physical punishment following individual analyses were: maternal attitude toward physical punishment, maternal perception of the seriousness and intent of the child misbehavior, and maternal anger in response to the child misbehavior. Through multivariate analysis 54% of the variance in physical punishment use was explained. Conclusions: Both cognitive and affective factors affect the decision to use physical punishment with children. These findings can be useful in establishing parenting educational programming that is directed at decreasing the rates of physical punishment and subsequently child physical abuse.
Canadian Journal of Children's Rights / Revue canadienne des droits des enfants
The six papers in this special issue provide a context for understanding the rationale for law re... more The six papers in this special issue provide a context for understanding the rationale for law reform to fully protect children from corporal punishment. As a Pathfinding Country for the UN Global Partnership to End Violence against Children, Canada has an obligation to remove Section 43 of the Criminal Code, the defence that “justifies” corporal punishment of children. As fellow nations influenced by the English common law underlying that defence, Ireland, Scotland and Wales provide models for Canada. They demonstrate that the arguments that commonly derail repeal in Canada can be overcome.
Canadian Journal of Children's Rights / Revue canadienne des droits des enfants
Rooted in Canada’s history as a British colony, the Criminal Code defence to “reasonable correcti... more Rooted in Canada’s history as a British colony, the Criminal Code defence to “reasonable corrective force” remains in force today. In this article, I trace the history of Canada’s law, describe various attempts made to remove it, and present the many recommendations and calls for repeal issued over recent decades. While Canada has stood still, 65 countries have removed their legal defences and prohibited all corporal punishment of children. At this time, Canada has another opportunity to finally remove this archaic defence, as two Private Members’ Bills have been introduced in the House of Commons and the Senate, respectively. By seizing this opportunity, Canada will demonstrate its commitments to children’s rights to protection and dignity, and uphold its pledges to end violence against children and women in Canada.
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Papers by Joan E Durrant